NRS 41.900 – Qualifications for bringing action for wrongful conviction; required proof; weight and admissibility of evidence; appointment of counsel; “innocence” defined.

1. A person who is not currently incarcerated for any offense may bring a civil action for his or her wrongful conviction against this State in a district court seeking damages or other relief provided by NRS 41.950. 2. The court shall award damages for wrongful conviction in accordance with NRS 41.950 if the person […]

NRS 41.910 – Certificate of innocence: Entry; denial of entry and dismissal of action; sealing of records upon entry of certificate; confidentiality of records not sealed upon entry of certificate.

1. If a court finds that a person is entitled to a judgment pursuant to NRS 41.900, the court shall enter a certificate of innocence finding that the person was innocent of the felony for which the person was wrongfully convicted. 2. If a court does not find that a person is entitled to a […]

NRS 41.920 – Waiver of sovereign immunity; exceptions; action not subject to other requirements or limitation on damages; law relating to absolute or qualified immunity of judicial officer, prosecutor or law enforcement officer applies to action.

1. The State of Nevada waives its immunity from liability in any action brought pursuant to NRS 41.900 and consents to have its liability determined in accordance with the same rules of law as are applied to civil actions against natural persons and corporations, except that: (a) The State shall be exempt from the requirements […]

NRS 41.930 – Captioning of pleadings; verified statement of facts must be served upon Attorney General; proceedings held before court without jury; appeal; doctrines of res judicata and collateral estoppel do not apply to action.

1. All pleadings filed pursuant to NRS 41.900 must be captioned, “In the matter of the wrongful conviction of [name of the person bringing the action].” 2. The initial complaint filed in an action brought pursuant to NRS 41.900 must be accompanied by a statement of facts verified by the person and served upon the […]

NRS 41.940 – Limitation on time for commencement of action.

1. Except as otherwise provided in subsection 2, a person must bring an action pursuant to NRS 41.900 within 2 years after: (a) A judgment of conviction of the person was reversed or vacated and the charging document was dismissed; (b) If a court ordered a new trial, the person was found not guilty at […]

NRS 41.950 – Award of damages and other relief.

1. In an action brought pursuant to NRS 41.900 which results in the court entering a certificate of innocence pursuant to NRS 41.910, the court shall award the person: (a) If the person was imprisoned for: (1) One to 10 years, $50,000 for each year the person was imprisoned for his or her wrongful conviction; […]

NRS 41.960 – Reduction of award because of previous action or settlement; notification of settlement or award; reimbursement; calculation of award not to include certain items.

1. If a person in an action brought pursuant to NRS 41.900 has previously won a monetary award against this State or against any other governmental entity in a civil action related to his or her wrongful conviction, the person is only entitled to receive any amount described in NRS 41.950, less the award obtained […]

NRS 41.970 – Submission of claim to State Board of Examiners; claim paid from Reserve for Statutory Contingency Account; payment not effective without prior approval of Board.

To recover damages or other monetary relief awarded by a court pursuant to NRS 41.950, less any adjustment pursuant to NRS 41.960, a person who was successful in his or her action brought pursuant to NRS 41.900 must submit a claim to the State Board of Examiners. The claim must be for payment of the […]