34.750 - Appointment of counsel for indigents; pleadings supplemental to petition; response to motion to dismiss.
34.750 Appointment of counsel for indigents; pleadings supplemental to petition; response to motion to dismiss.
1. A petition may allege that the petitioner is unable to pay the costs of the proceedings or to employ counsel. If the court is satisfied that the allegation of indigency is true and the petition is not dismissed summarily, the court may appoint counsel to represent the petitioner. In making its determination, the court may consider, among other things, the severity of the consequences facing the petitioner and whether:
(a) The issues presented are difficult;
(b) The petitioner is unable to comprehend the proceedings; or
(c) Counsel is necessary to proceed with discovery.
2. If the court determines that the petitioner is unable to pay all necessary costs and expenses incident to the proceedings of the trial court and the reviewing court, including court costs, stenographic services, printing and reasonable compensation for legal services, all costs must be paid from money appropriated to the office of the State Public Defender for that purpose. After appropriations for that purpose are exhausted, money must be allocated to the office of the State Public Defender from the Reserve for Statutory Contingency Account for the payment of the costs, expenses and compensation.
3. After appointment by the court, counsel for the petitioner may file and serve supplemental pleadings, exhibits, transcripts and documents within 30 days after:
(a) The date the court orders the filing of an answer and a return; or
(b) The date of counsel’s appointment,
Ê whichever is later. If it has not previously been filed, the answer by the respondent must be filed within 15 days after receipt of the supplemental pleadings and include any response to the supplemental pleadings.
4. The petitioner shall respond within 15 days after service to a motion by the State to dismiss the action.
5. No further pleadings may be filed except as ordered by the court.
(Added to NRS by 1985, 1230; A 1987, 1218; 1991, 85, 1751, 1824)