Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 34.726 - Limitations on time to file; stay of sentence1. Unless there is good cause shown for delay, a petition that challenges the validity of a judgment of conviction 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; 2023, 1620Amended by 2023, Ch. 249,§9, eff. 7/1/2023.