In family law, a parent who has been denied custody of his child by a trial court may file a habeas corpus petition. However, federal habeas corpus proceeding cannot normally be used as a vehicle to change a state court's child custody decision.
Nevada Petition for Writ of Habeas Corpus to Restore Custody to Parent
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The Nevada Revised Statutes (NRS) are all the current codified laws of the State of Nevada. Nevada law consists of the Constitution of Nevada (the state constitution) and Nevada Revised Statutes. The Nevada Supreme Court interprets the law and constitution of Nevada.
You can find the form for petitioning for habeas corpus in Nevada courts at NRS 34.735. Petitions not conforming to NRS 34.735 may be rejected. Once your petition is complete, the original and one copy must be filed with the clerk of the Nevada district court for the county in which you were convicted.
Post-conviction relief in Nevada are measures that convicted defendants can pursue to try to get their convictions reversed, sentences lifted, and/or rights restored. There may be strict time limits to attempt these measures, so defendants should consult with legal counsel right away about all their options.
Chapter 34 - Writs; Petition to Establish Factual Innocence. NRS 34.010 - Writ of certiorari denominated writ of review. NRS 34.020 - Writ may be granted by appellate and district courts; when writ may issue. NRS 34.030 - Application for writ made on affidavit; notice to adverse party may be required.
A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. See e.g. Cheney v.
A writ of mandamus is available to compel the performance of an act that the law requires as a duty resulting from an office, trust or station. NRS 34.160.
Rule 36 - Entry of Judgment (a) Entry. The filing of the court's decision or order constitutes entry of the judgment. The clerk shall file the judgment after receiving it from the court.
?Habeas corpus? is a Latin phrase meaning ?you shall have the body.? A writ of habeas corpus is an Order from the court, requiring that a hearing be held to establish whether there is a constitutional basis for the confinement of a convicted person in Nevada.