1-3 court or supreme court pursuant to] Except as otherwise provided in

1-4 subsection 1 of NRS 34.745, the respondent shall serve upon the petitioner

1-5 and file with the court a return and an answer [which] that must respond to

1-6 the allegations of the petition [.] within 45 days or a longer period fixed by

1-7 the judge or justice.

1-8 2. The return must state plainly and unequivocally whether the

1-9 respondent has [or has not] the party in custody, or under his power or

1-10 restraint. If the respondent has the petitioner in his custody or power, or

1-11 under his restraint, he shall state the authority and cause of the

1-12 imprisonment or restraint, setting forth with specificity the basis for

2-14 before whom any party may be brought on [such writ may commit] the

2-15 petition may:

2-16 1. Commit him to the custody of the sheriff of the county [, or place] ;

2-17 or

2-18 2. Place him in such care or under such custody as his age or

2-22 sentence must be filed with the clerk of the district court for the county in

2-23 which the conviction occurred. Any other petition must be filed with the

2-24 clerk of the district court for the county in which the petitioner is

2-25 incarcerated.

2-26 2. A petition that is not filed in the district court for the appropriate

2-27 county:

2-28 (a) Shall be deemed to be filed on the date it is received by the clerk of

2-29 the district court in which the petition is initially lodged; and

2-30 (b) Must be transferred by the clerk of that court to the clerk of the

2-31 district court for the appropriate county.

2-32 3. A petition must not challenge both the validity of a judgment of

2-33 conviction or sentence and the computation of time that the petitioner has

2-34 served pursuant to that judgment . [unless the conviction occurred in the

2-35 judicial district in which the petitioner is incarcerated.] If a petition

2-36 improperly challenges both the validity of a judgment of conviction or

2-37 sentence and the computation of time that the petitioner has served

2-38 pursuant to that judgment, the district court for the appropriate county shall

2-39 resolve that portion of the petition that challenges the validity of the

2-40 judgment of conviction or sentence and dismiss the remainder of the

3-3 conviction or sentence and is the first petition filed by the petitioner, the

3-4 judge or justice shall order the [respondent] district attorney or the

3-5 attorney general, whichever is appropriate, to:

3-6 (a) File:

3-7 (1) A response or an answer to the petition; and

3-8 (2) [A] If an evidentiary hearing is required pursuant to NRS

3-9 34.770, a return,

3-10 within 45 days or a longer period fixed by the judge or justice; or

3-11 (b) Take [such] other action [as] that the judge or justice deems

3-12 appropriate.

3-13 2. If a petition challenges the computation of time that the petitioner

3-14 has served pursuant to a judgment of conviction, the judge or justice

3-15 shall order the attorney general to:

3-16 (a) File:

3-17 (1) A response or an answer to the petition; and

3-18 (2) A return,

3-19 within 45 days or a longer period fixed by the judge or justice.

3-20 (b) Take other action that the judge or justice deems appropriate.

3-21 3. An order entered pursuant to subsection 1 or 2 must be in

3-22 substantially the following form, with appropriate modifications if the order

3-23 is entered by a justice of the supreme court:

3-24 Case No.

3-25 Dept. No.

3-26 IN THE .................. JUDICIAL DISTRICT COURT OF THE
3-27 STATE OF NEVADA IN AND FOR THE COUNTY OF ..................

3-28

3-29 Petitioner,

3-30 v. ORDER

3-31

3-32 Respondent.

3-33 Petitioner filed a petition for a writ of habeas corpus on ............, 19....

3-34 The court has reviewed the petition and has determined that a response

4-24 the costs of the proceedings or to employ counsel. If the court is satisfied

4-25 that the allegation of indigency is true and the petition is not dismissed

4-26 summarily, the court may appoint counsel to represent the petitioner. In

4-27 making its determination, the court may consider, among other things, the

4-28 severity of the consequences facing the petitioner and whether:

4-29 (a) The issues presented are difficult;

4-30 (b) The petitioner is unable to comprehend the proceedings; or

4-31 (c) Counsel is necessary to proceed with discovery.

4-32 2. The ineffectiveness or incompetence of counsel during a state or

4-33 federal collateral post-conviction proceeding:

4-34 (a) Is not a ground for relief;

4-35 (b) Is not cause to excuse the failure to raise any claim that could

4-36 have been raised in a prior proceeding, but was not; and

4-37 (c) Is not cause to raise an issue that was raised in a prior
4-38 proceeding,

4-39 unless the representation by counsel was of such low caliber as to reduce

5-24 is the first one challenging the validity of the petitioner’s conviction or

5-25 sentence, the court shall:

5-26 (a) Appoint counsel to represent the petitioner; and

5-27 (b) Stay execution of the judgment pending disposition of the petition

5-28 and the appeal.

5-29 2. The ineffectiveness or incompetence of counsel during a state or

5-30 federal collateral post-conviction proceeding:

5-31 (a) Is not a ground for relief;

5-32 (b) Is not cause to excuse the failure to raise any claim that could

5-33 have been raised in a prior proceeding, but was not; and

5-34 (c) Is not cause to raise an issue that was raised in a prior
5-35 proceeding,

5-36 unless the representation by counsel was of such low caliber as to reduce

5-37 the proceeding to a sham, farce or pretense.

5-38 3. The petition must include the date upon which execution is

5-39 scheduled, if it has been scheduled. The petitioner is not entitled to an

5-40 evidentiary hearing unless the petition states that:

5-41 (a) Each issue of fact to be considered at the hearing has not been

6-23 (a) Commits an assault upon his keeper or a foreman, officer, offender

6-24 or other person, or otherwise endangers life;

6-25 (b) Is guilty of a flagrant disregard of the regulations of the department

6-26 or of the terms and conditions of his residential confinement;

6-27 (c) Commits a misdemeanor, gross misdemeanor or felony; or

6-28 (d) In a civil action, in state or federal court, is found by the court to

6-29 have presented a pleading, written motion or other document in writing to

6-30 the court which:

6-31 (1) Contains a claim or defense that is included for an improper

6-32 purpose, including, without limitation, for the purpose of harassing his

6-33 opponent, causing unnecessary delay in the litigation or increasing the cost

6-34 of the litigation;

6-35 (2) Contains a claim, defense or other argument which is not

6-36 warranted by existing law or by a reasonable argument for a change in

6-37 existing law or a change in the interpretation of existing law; or

6-38 (3) Contains allegations or information presented as fact for which

6-39 evidentiary support is not available or is not likely to be discovered after

6-40 further investigation,

6-41 he forfeits all deductions of time earned by him before the commission of

6-42 that offense or act, or forfeits such part of those deductions as the director