Title 14

NRS 175.041 Limitation of defendants’ right to sever in challenges. When several defendants are tried together, they cannot sever their peremptory challenges, but must join therein. (Added to NRS by 1967, 1425)

NRS 175.051 Number of peremptory challenges. 1. If the offense charged is punishable by death or by imprisonment for life, each side is entitled to eight peremptory challenges. 2. If the offense charged is punishable by imprisonment for any other term or by fine or by both fine a…

NRS 175.061 Alternate jurors. 1. The court may direct that not more than six jurors in addition to the regular jury be called and impaneled to sit as alternate jurors. 2. Alternate jurors, in the order in which they were called, shall replace jurors who become unable or disqualif…

NRS 175.071 Discharge of juror where juror dies or unable to perform duty. If, before the conclusion of the trial, and there being no alternate juror called or available, a juror dies, or becomes disqualified or unable to perform the juror’s duty, the court may duly order the jur…

NRS 175.081 Discharge of jury after retirement upon accident or cause. If, after the retirement of the jury, any accident or cause occurs to prevent their being kept for deliberation, the jury may be discharged. (Added to NRS by 1967, 1425)

NRS 175.091 Disability of judge during trial. If by reason of death, sickness or other disability the judge before whom a jury trial has commenced is unable to proceed with the trial, any other judge regularly sitting in or assigned to the court, upon certifying that the judge ha…

NRS 175.101 Disability of judge after verdict or finding of guilty or guilty but mentally ill. If by reason of absence from the judicial district, death, sickness or other disability the judge before whom the defendant has been tried is unable to perform the duties to be performe…

NRS 175.111 Oath of jurors. When the jury has been impaneled, the court shall administer the following oath: Do you and each of you solemnly swear that you will well and truly try this case, now pending before this court, and a true verdict render according to the evidence given,…

NRS 175.121 Personal knowledge of jurors. 1. The judge shall then admonish the jury that: (a) No juror may declare to any fellow jurors any fact relating to the case as of the juror’s own knowledge; and (b) If any juror discovers during the trial or after the jury has retired tha…

NRS 175.131 Judge to inform jury of right to take notes. Before any evidence has been introduced the judge may inform the jury they may individually take notes during the trial, but the judge shall further caution them not to rely upon their respective notes in case of conflict a…

NRS 175.141 Order of trial. The jury having been impaneled and sworn, the trial shall proceed in the following order: 1. If the indictment or information be for a felony, the clerk must read it and state the plea of the defendant to the jury. In all other cases this formality may…

NRS 175.151 Number of counsel who may argue case. If the indictment or information be for an offense punishable with death, two counsel on each side may argue the case to the jury, but in such case, as well as in all others, the counsel for the State must open and conclude the ar…

NRS 175.161 Instructions. 1. Upon the close of the argument, the judge shall charge the jury. The judge may state the testimony and declare the law, but may not charge the jury in respect to matters of fact. The charge must be reduced to writing before it is given, and no charge …

NRS 175.171 No special instructions to be given relating exclusively to defendant’s testimony. In the trial of all indictments, complaints and other proceedings against persons charged with the commission of crimes or offenses, the person so charged shall, at the person’s own req…

NRS 175.181 Instruction not to be given relative to failure of defendant to testify. 1. No instruction shall be given relative to the failure of the person charged with the commission of crime or offense to testify, except, upon the request of the person so charged, the court sha…

NRS 175.186 Instructions in prosecution for sexual assault or statutory sexual seduction: Use of certain terms and instructions prohibited. 1. In any prosecution for sexual assault or statutory sexual seduction or for an attempt to commit or conspiracy to commit either crime, the…

NRS 175.191 Presumption of innocence: Acquittal in case of reasonable doubt. A defendant in a criminal action is presumed to be innocent until the contrary is proved; and in case of a reasonable doubt whether the defendant’s guilt is satisfactorily shown, the defendant is entitle…

NRS 175.201 Presumption of innocence: Conviction of lowest degree of offense. Every person charged with the commission of a crime shall be presumed innocent until the contrary is proved by competent evidence beyond a reasonable doubt; and when an offense has been proved against t…

NRS 175.211 Definition of reasonable doubt; no other definition to be given to juries. 1. A reasonable doubt is one based on reason. It is not mere possible doubt, but is such a doubt as would govern or control a person in the more weighty affairs of life. If the minds of the jur…

NRS 175.221 Evidence. 1. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by statute. 2. The admissibility of evidence and the competency and privileges of witnesses shall be governed by: (a) The general provisions of title 4…

NRS 175.241 Proof of corporate existence generally. If, upon a trial or proceeding in a criminal case, the existence, constitution or powers of any corporation shall become material, or be in any way drawn in question, it is not necessary to produce a certified copy of the articl…

NRS 175.251 Conspiracy: Allegation and proof of overt act; evidence of overt acts not alleged. Upon a trial for conspiracy, in a case where an overt act shall be necessary to constitute the offense, the defendant shall not be convicted unless one or more overt acts shall be expre…

NRS 175.261 False pretenses: What evidence necessary. Upon a trial for having, with an intent to cheat or defraud another designedly, by any false pretense, obtained the signature of any person, to a written instrument, or having obtained from any person any money, personal prope…

NRS 175.271 Expert witnesses. 1. The court may order the defendant or the State or both to show cause why expert witnesses should not be appointed, and may request the parties to submit nominations. 2. The court may appoint any expert witnesses agreed upon by the parties, and may…

NRS 175.282 Plea bargain: Inspection by jury; instruction of jury; cross-examination of defendant. 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 m…

NRS 175.291 Testimony of accomplice must be corroborated; sufficiency of corroboration; accomplice defined. 1. A conviction shall not be had on the testimony of an accomplice unless the accomplice is corroborated by other evidence which in itself, and without the aid of the testi…

NRS 175.301 Testimony of person upon or with whom abortion was allegedly committed. Upon a trial for procuring or attempting to procure an abortion, or aiding or assisting therein, the defendant must not be convicted upon the testimony of the person upon or with whom the offense …

NRS 175.311 Procedure when higher offense is shown by evidence. If it appears by the testimony that the facts proved constitute an offense of a higher nature than that charged in the indictment or information, the court may direct the jury to be discharged, and all proceedings on…

NRS 175.321 Procedure if higher offense ignored. If an indictment for the higher offense be dismissed by the grand jury, or be not found at its next session, or if an information be not filed before the next session of the grand jury, the court shall again proceed to try the defe…

NRS 175.331 When defendant on bail appears for trial defendant may be committed and held. When a defendant who has given bail appears for trial, the court may, in its discretion, at any time after the defendant’s appearance for trial, order the defendant to be committed to the cu…

NRS 175.341 Mistake in charging proper offense: Defendant not discharged; commitment or bail. When it appears, at any time before verdict or judgment, that a mistake has been made in charging the proper offense, the defendant must not be discharged, if there appears good cause to…

NRS 175.351 Discharge of defendant when jury discharged for want of jurisdiction. If the jury is discharged because the court has not jurisdiction of the offense charged, and it appears that it was committed out of the jurisdiction of this state, the defendant must be discharged,…

NRS 175.361 Offense committed in other county: Commitment to await warrant; admission to bail; transmittal of papers to district attorney of proper county; expense of transmission. If the offense was committed within the jurisdiction of another county of this state, the court may…

NRS 175.371 Discharge where defendant not arrested on warrant from other county; proceedings in case of arrest. 1. If the defendant is not arrested on a warrant from the proper county, as provided in NRS 175.361, the defendant must be discharged from custody, or the defendant’s b…

NRS 175.381 Court may advise jury to acquit defendant when evidence on either side closed; motion for judgment of acquittal after verdict of guilty or guilty but mentally ill; subsequent motion for new trial. 1. If, at any time after the evidence on either side is closed, the cou…

NRS 175.383 Withdrawal, discharge or change of defense counsel; limitations. If a counsel seeks to withdraw from the case or is discharged by the defendant for the purpose of delaying the trial, the court shall not allow the counsel to be changed. The counsel for a defendant may …

NRS 175.387 Misconduct of defendant; sanctions. 1. Whenever a defendant interferes with the orderly course of a trial by disruptive, disorderly or disrespectful conduct, the court may: (a) Order the defendant bound and gagged. (b) Cite the defendant for contempt. (c) Order the de…

NRS 175.391 Separation or custody of jury before submission. The jurors sworn to try a criminal action may, at any time before the submission of the case to the jury, in the discretion of the court, be permitted to separate, depart for home overnight or be kept in charge of a pro…

NRS 175.401 Jury to be admonished at each adjournment. At each adjournment of the court, whether the jurors are permitted to separate or depart for home overnight, or are kept in charge of officers, they must be admonished by the judge or another officer of the court that it is t…

NRS 175.421 Accommodations for jury upon retirement; power of court to furnish. A room must be provided by the sheriff of each county, chief of police of each city or chief marshal, as applicable, for the use of the jury upon their retirement for deliberation, with suitable furni…

NRS 175.431 Jury provided food and lodging when kept together. While the jury are kept together, either during the progress of the trial or after their retirement for deliberation, they shall be provided, at the expense of the county, with suitable and sufficient food and lodging…

NRS 175.441 Jury may take written instructions, materials received in evidence, certain papers and own notes of trial on retiring for deliberation. Upon retiring for deliberation, the jury may take with them: 1. All papers and all other items and materials which have been receive…

NRS 175.451 Return of jury for information. After the jury have retired for deliberation, if there is any disagreement between them as to any part of the testimony, or if they desire to be informed on any point of law arising in the cause, they must require the officer to conduct…

NRS 175.461 Jury not to be discharged after cause submitted; exceptions. Except as provided in NRS 175.081, the jury shall not be discharged after the cause is submitted to them, until they have agreed upon their verdict and rendered it in open court, unless by the consent of bot…

NRS 175.471 Adjournment of court during absence of jury. While the jury are absent, the court may adjourn from time to time, as to other business, but it shall nevertheless be deemed to be open for every purpose connected with the cause submitted to the jury, until a verdict be r…

NRS 175.481 Return. The verdict shall be unanimous. It shall be returned by the jury to the judge in open court. (Added to NRS by 1967, 1431)