{"data":{"id":"us-nv/nrs-34.770","jurisdiction":"us-nv","citation":"NRS 34.770","heading":"Judicial determination of need for evidentiary hearing; dismissal of petition or granting of writ.","body":"1. The judge or justice, upon review of the response or answer and all supporting documents which are filed, shall determine whether an evidentiary hearing is required. A petitioner must not be discharged or committed to the custody of a person other than the respondent unless an evidentiary hearing is held.\n2. If the judge or justice determines that the petitioner is not entitled to relief and an evidentiary hearing is not required, the judge or justice shall dismiss the petition without a hearing.\n3. If the judge or justice determines that an evidentiary hearing is required, the judge or justice shall grant the writ and shall set a date for the hearing.","path":["TITLE 3 — REMEDIES; SPECIAL ACTIONS AND PROCEEDINGS","CHAPTER 34 - WRITS; PETITION TO ESTABLISH FACTUAL INNOCENCE","HABEAS CORPUS","Petitions for Postconviction Relief"],"source_url":"https://www.leg.state.nv.us/NRS/NRS-034.html#NRS034Sec770","current_through":"2025 session (NRS as revised 2026-08-25)","vintage":"","retrieved_at":"2026-09-03T05:51:30Z","sha256":"440b0e10dbbd8d292bed84a2e7bd0772c00f19a46056b74f9656e95d2125b833","source_id":"us-nv","stale":true,"prev":"us-nv/nrs-34.760","next":"us-nv/nrs-34.780"},"notice":"GroundRules: Original legal text. Not legal advice."}