2021 Nevada Revised Statutes
Chapter 34 - Writs; Petition to Establish Factual Innocence
NRS 34.560 - Judge may order change of custody; enforcement of commitment order stayed; appeal.
1. In cases where any party is held under illegal restraint or custody, or any other person is entitled to the restraint or custody of such party, the judge may order such party to be committed to the restraint or custody of such person as is by law entitled thereto.
2. If a party is ordered committed to the restraint or custody of an officer from a jurisdiction outside the State of Nevada, the district judge ordering such commitment shall stay the enforcement thereof for 5 days, during which time an aggrieved party may file a notice of appeal therefrom to 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.
3. Upon the filing of a notice of appeal as provided in subsection 2, the enforcement of such order of commitment shall be stayed during the pendency of the appeal.
4. During any period of stay as provided in this section, the local officer having custody of such party shall retain custody thereof.
[26:93:1862; B § 374; BH § 3696; C § 3768; RL § 6251; NCL § 11400] — (NRS A 1959, 18; 2013, 1734)
