Section 34.770 - Judicial determination of need for evidentiary hearing; dismissal of petition or granting of writ1. The judge or justice, upon review of the response or answer and all supporting documents which are filed, shall determine whether an evidentiary hearing is required. A petitioner must not be discharged or committed to the custody of a person other than the respondent unless an evidentiary hearing is held.2. If the judge or justice determines that the petitioner is not entitled to relief and an evidentiary hearing is not required, the judge or justice shall dismiss the petition without a hearing.3. If the judge or justice determines that an evidentiary hearing is required, the judge or justice shall grant the writ and shall set a date for the hearing.Added to NRS by 1985, 1230; A 1991, 86; 2023, 1630Amended by 2023, Ch. 249,§16, eff. 7/1/2023.Added to NRS by 1985, 1230; A 1991, 86