LegalFix
Sign In

NRS 34.726 - Limitations on time to file; stay of sentence.

NV Rev Stat § 34.726 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

1. Unless there is good cause shown for delay, a petition that challenges the validity of a judgment or sentence must be filed within 1 year after entry of the judgment of conviction or, if an appeal has been taken from the judgment, within 1 year after the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution issues its remittitur. For the purposes of this subsection, good cause for delay exists if the petitioner demonstrates to the satisfaction of the court:

(a) That the delay is not the fault of the petitioner; and

(b) That dismissal of the petition as untimely will unduly prejudice the petitioner.

2. The execution of a sentence must not be stayed for the period provided in subsection 1 solely because a petition may be filed within that period. A stay of sentence must not be granted unless:

(a) A petition is actually filed; and

(b) The petitioner establishes a compelling basis for the stay.

(Added to NRS by 1991, 75; A 2013, 1736)

Previous Section
NRS 34.724 - Persons who may file petition; effect of filing. [Effective January 1, 2020.]
Next Section
NRS 34.730 - Petition: Verification; title; service; filing by clerk; prerequisites for hearing.