Title 14

NRS 174.033 Discharge of defendant upon fulfillment of terms and conditions; termination of participation of defendant and order to appear for arraignment. 1. If the justice court or municipal court determines that a defendant has successfully completed the terms and conditions o…

NRS 174.034 Sealing of records after discharge. 1. If the defendant is discharged and the indictment, information, complaint or citation is dismissed pursuant to NRS 174.033, the justice court or municipal court must order sealed all documents, papers and exhibits in the record o…

NRS 174.035 Types of pleas; procedure for entering plea. 1. A defendant may plead not guilty, guilty, guilty but mentally ill or, with the consent of the court, nolo contendere. The court may refuse to accept a plea of guilty or guilty but mentally ill. 2. If a plea of guilty or …

NRS 174.055 Proceedings on plea of guilty or guilty but mentally ill in justice court. In a justice court, if the defendant pleads guilty or guilty but mentally ill, the court may, before entering such a plea or pronouncing judgment, examine witnesses to ascertain the gravity of …

NRS 174.061 Plea bargaining: General requirements; prohibited agreements. 1. If a prosecuting attorney enters into an agreement with a defendant in which the defendant agrees to testify against another defendant in exchange for a plea of guilty, guilty but mentally ill or nolo co…

NRS 174.063 Written plea agreement for plea of guilty or guilty but mentally ill: Form; contents. 1. If a plea of guilty or guilty but mentally ill is made in a written plea agreement, the agreement must be substantially in the following form: Case No. ...........................…

NRS 174.065 When plea may specify degree of crime or punishment. Except as otherwise provided in NRS 174.061: 1. On a plea of guilty or guilty but mentally ill to an information or indictment accusing a defendant of a crime divided into degrees, when consented to by the prosecuti…

NRS 174.075 Pleadings and motions. 1. Pleadings in criminal proceedings are the indictment, the information and, in justice court, the complaint, and the pleas of guilty, guilty but mentally ill, not guilty, not guilty by reason of insanity and nolo contendere. 2. All other pleas…

NRS 174.085 Proceedings not constituting acquittal; effect of acquittal on merits; proceedings constituting bar to another prosecution; retrial after discharge of jury; effect of voluntary dismissal. 1. If a defendant was formerly acquitted on the ground of a variance between the…

NRS 174.095 Defenses and objections which may be raised by motion. Any defense or objection which is capable of determination without the trial of the general issue may be raised before trial by motion. (Added to NRS by 1967, 1416)

NRS 174.098 Motion to declare that defendant is intellectually disabled: When authorized; procedure. 1. A defendant who is charged with murder of the first degree in a case in which the death penalty is sought may, not less than 10 days before the date set for trial, file a motio…

NRS 174.105 Defenses and objections which must be raised by motion. 1. Defenses and objections based on defects in the institution of the prosecution, other than insufficiency of the evidence to warrant an indictment, or in the indictment, information or complaint, other than tha…

NRS 174.115 Time of making motion. The motion shall be made before the plea is entered, but the court may permit it to be made within a reasonable time thereafter. (Added to NRS by 1967, 1417)

NRS 174.125 Certain motions required to be made before trial. 1. All motions in a criminal prosecution to suppress evidence, for a transcript of former proceedings, for a preliminary hearing, for severance of joint defendants, for withdrawal of counsel, and all other motions whic…

NRS 174.135 Hearing on motion. 1. A motion before trial raising defenses or objections shall be determined before trial unless the court orders that it be deferred for determination at the trial of the general issue. 2. An issue of fact shall be tried by a jury if a jury trial is…

NRS 174.145 Effect of determination. 1. If a motion is determined adversely to the defendant, the defendant shall be permitted to plead if the defendant had not previously pleaded. A plea previously entered shall stand. 2. If the court grants a motion based on a defect in the ins…

NRS 174.155 Trial together of indictments or informations. The court may order two or more indictments or informations or both to be tried together if the offenses, and the defendants if there is more than one, could have been joined in a single indictment or information. The pro…

NRS 174.165 Relief from prejudicial joinder. 1. If it appears that a defendant or the State of Nevada is prejudiced by a joinder of offenses or of defendants in an indictment or information, or by such joinder for trial together, the court may order an election or separate trials…

NRS 174.171 Applicability. The provisions of NRS 174.171 to 174.225, inclusive, do not apply to a deposition taken pursuant to NRS 174.227 or used pursuant to NRS 174.228, or both. (Added to NRS by 1985, 1423; A 1993, 252)

NRS 174.175 When taken. 1. If it appears that a prospective witness is an older person or a vulnerable person or may be unable to attend or prevented from attending a trial or hearing, that the witness’s testimony is material and that it is necessary to take the witness’s deposit…

NRS 174.185 Notice of taking. The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition. The notice shall state the name and address of each person to be examined. On motion of…

NRS 174.195 Defendant’s counsel and payment of expenses. If a defendant is without counsel the court shall advise the defendant of his or her right and assign counsel to represent the defendant unless the defendant elects to proceed without counsel or is able to obtain counsel. I…

NRS 174.205 How taken. A deposition shall be taken in the manner provided in civil actions. The court at the request of a defendant may direct that a deposition be taken on written interrogatories in the manner provided in civil actions. (Added to NRS by 1967, 1418)

NRS 174.215 Use of deposition. 1. At the trial or upon any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may be used if it appears: (a) That the witness is dead; (b) That the witness is out of the State of Nevada, unless it ap…

NRS 174.225 Objections to admissibility. Objections to receiving in evidence a deposition or part thereof may be made as provided in civil actions. (Added to NRS by 1967, 1419) VIDEOTAPED DEPOSITIONS AND TESTIMONY

NRS 174.227 Videotaped depositions: Order of court; notice to parties; cross-examination; use. 1. A court on its own motion or on the motion of the district attorney may, for good cause shown, order the taking of a videotaped deposition of: (a) A victim of sexual abuse as that te…

NRS 174.228 Videotaped depositions: Use. A court may allow a videotaped deposition to be used instead of the deponent’s testimony at trial only if: 1. In the case of a victim of sexual abuse, as that term is defined in NRS 432B.100: (a) Before the deposition is taken, a hearing i…

NRS 174.229 Videotaped testimony. If a prospective witness who is scheduled to testify before a grand jury or at a preliminary hearing is less than 14 years of age, the court shall, upon the motion of the district attorney, and may, upon its own motion, order the child’s testimon…

NRS 174.231 Effect of NRS 174.227, 174.228 and 174.229. The provisions of NRS 174.227, 174.228 and 174.229 do not preclude: 1. The submission of videotaped depositions or testimony which are otherwise admissible as evidence in court. 2. A victim or prospective witness from testif…

NRS 174.233 Disclosure by defendant of intent to claim alibi; defendant to disclose list of alibi witnesses; prosecuting attorney to disclose list of rebuttal witnesses; continuing duty to disclose; sanctions. 1. In addition to the written notice required by NRS 174.234, a defend…

NRS 174.234 Reciprocal disclosure of lists of witnesses and information relating to expert testimony; continuing duty to disclose; protective orders; sanctions. 1. Except as otherwise provided in this section, not less than 5 judicial days before trial or at such other time as th…

NRS 174.235 Disclosure by prosecuting attorney of evidence relating to prosecution; limitations. 1. Except as otherwise provided in NRS 174.233 to 174.295, inclusive, at the request of a defendant, the prosecuting attorney shall permit the defendant to inspect and to copy or phot…

NRS 174.245 Disclosure by defendant of evidence relating to defense; limitations. 1. Except as otherwise provided in NRS 174.233 to 174.295, inclusive, at the request of the prosecuting attorney, the defendant shall permit the prosecuting attorney to inspect and to copy or photog…

NRS 174.275 Protective orders. Upon a sufficient showing, the court may at any time order that discovery or inspection pursuant to NRS 174.234 to 174.295, inclusive, be denied, restricted or deferred, or make such other order as is appropriate. Upon motion by the defendant or pro…

NRS 174.285 Time limits. 1. A request made pursuant to NRS 174.235 or 174.245 may be made only within 30 days after arraignment or at such reasonable later time as the court may permit. A subsequent request may be made only upon a showing of cause why the request would be in the …

NRS 174.295 Continuing duty to disclose; failure to comply; sanctions. 1. If, after complying with the provisions of NRS 174.235 to 174.295, inclusive, and before or during trial, a party discovers additional material previously requested which is subject to discovery or inspecti…

NRS 174.305 Subpoena for attendance of witnesses; form; issuance. Except as provided in NRS 172.195 and 174.315: 1. A subpoena must be issued by the clerk under the seal of the court. It must state the name of the court and the title, if any, of the proceeding, and must command e…

NRS 174.315 Issuance of subpoena by prosecuting attorney or attorney for defendant; promise to appear; informing witness of general nature of grand jury’s inquiry; calendaring of certain subpoenas. 1. A prosecuting attorney may issue subpoenas subscribed by the prosecuting attorn…

NRS 174.325 Production of prisoner as witness. 1. When it is necessary to have a person imprisoned in the state prison brought before any district court, or a person imprisoned in the county jail brought before a district court sitting in another county, an order for that purpose…

NRS 174.335 Subpoena for production of documentary evidence and of objects. 1. Except as otherwise provided in NRS 172.139, a subpoena may also command the person to whom it is directed to produce the books, papers, documents or other objects designated therein. 2. The court on m…

NRS 174.345 Service of subpoena. 1. Except as otherwise provided in NRS 174.315 and subsection 2, a subpoena may be served by a peace officer or by any other person who is not a party and who is not less than 18 years of age. Except as otherwise provided in NRS 289.027, service o…

NRS 174.365 Place of service. A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the State of Nevada. (Added to NRS by 1967, 1421)

NRS 174.375 Subpoena for taking depositions; place of examination. 1. An order to take a deposition authorizes the issuance by the clerk of the court for the county in which the deposition is to be taken of subpoenas for the persons named or described therein. 2. A resident of th…

NRS 174.385 Contempt. Failure by any person without an adequate excuse to obey a subpoena of a court, a prosecuting attorney or an attorney for a defendant served upon the person or, in the case of a subpoena issued by a prosecuting attorney or an attorney for a defendant, delive…

NRS 174.395 Short title. NRS 174.395 to 174.445, inclusive, may be cited as the Uniform Act To Secure the Attendance of Witnesses From Without a State in Criminal Proceedings. (Added to NRS by 1967, 1421)

NRS 174.405 Definitions. As used in NRS 174.395 to 174.445, inclusive: 1. “State” shall include any territory of the United States and the District of Columbia. 2. “Summons” shall include a subpoena, order or other notice requiring the appearance of a witness. 3. “Witness” shall …