Title 4

NRS 52.055 Handwriting: Distinctive characteristics. Appearance, contents, substance, internal patterns or other distinctive characteristics are sufficient for authentication when taken in conjunction with circumstances. (Added to NRS by 1971, 798)

NRS 52.065 Identification by voice. A voice, whether heard firsthand or through mechanical or electronic transmission or recording, is sufficiently identified by opinion based upon hearing the voice at any time under circumstances connecting it with the alleged speaker. (Added to…

NRS 52.075 Telephone calls. A telephone conversation is sufficiently authenticated by evidence that a call was made to the number supplied by the telephone company for the person in question if: 1. The call was to a place of business and the conversation related to business reaso…

NRS 52.085 Public records and reports. Evidence that: 1. A writing authorized by law to be recorded or filed and in fact recorded or filed in a public office; or 2. A purported public record, report, statement or data compilation, in any form, Ê is from the public office where it…

NRS 52.095 Ancient documents; compilations of data. Evidence that a document or data compilation, in any form: 1. Is in such condition as to create no suspicion concerning its authenticity; 2. Was in a place where it, if authentic, would likely be; and 3. Is at least 20 years old…

NRS 52.105 Process or system. Evidence describing a process or system used to produce a result and showing that the result is accurate is sufficient to authenticate the result. (Added to NRS by 1971, 799) PRESUMPTIONS OF AUTHENTICITY

NRS 52.115 Foreign public documents. 1. A document purporting to be executed or attested in a person’s official capacity by a person authorized by the laws of a foreign country to make the execution or attestation is presumed to be authentic if it is accompanied by a final certif…

NRS 52.125 Certified copies of public records. 1. A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, is presumed to be auth…

NRS 52.135 Official publications. Books, pamphlets or other publications purporting to be issued by public authority are presumed to be authentic. (Added to NRS by 1971, 800)

NRS 52.145 Newspapers; periodicals. Printed materials purporting to be newspapers or periodicals are presumed to be authentic. (Added to NRS by 1971, 800)

NRS 52.155 Trade inscriptions, signs, tags and labels. Inscriptions, signs, tags or labels purporting to have been affixed in the course of business and indicating ownership, control or origin are presumed to be authentic. (Added to NRS by 1971, 800)

NRS 52.165 Acknowledged documents. Documents accompanied by a certificate of acknowledgment of a notary public or officer authorized by law to take acknowledgments are presumed to be authentic. (Added to NRS by 1971, 800)

NRS 52.175 Subscribing witness’ testimony unnecessary. The testimony of a subscribing witness is not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing. (Added to NRS by 1971, 800) CONTENTS OF WRITINGS…

NRS 52.185 Definitions. As used in NRS 52.185 to 52.295, inclusive, unless the context otherwise requires, the words defined in NRS 52.195 to 52.225, inclusive, have the meanings ascribed to them in NRS 52.195 to 52.225, inclusive. (Added to NRS by 1971, 800)

NRS 52.195 “Duplicate” defined. “Duplicate” means a counterpart produced: 1. By the same impression as the original; 2. From the same matrix; 3. By means of photography, including enlargements and miniatures; 4. By mechanical or electronic rerecording, including a counterpart pro…

NRS 52.205 “Original” defined. 1. An “original” of a writing or recording is the writing or recording itself or any counterpart intended to have the same effect by a person executing or issuing it. 2. An “original” of a photograph includes the negative or any print therefrom. 3. …

NRS 52.215 “Photographs” defined. “Photographs” include still photographs, X-rays and motion pictures. (Added to NRS by 1971, 800)

NRS 52.225 “Writings” and “recordings” defined. “Writings” and “recordings” consist of letters, words or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form …

NRS 52.235 Original required. To prove the content of a writing, recording or photograph, the original writing, recording or photograph is required, except as otherwise provided in this title. (Added to NRS by 1971, 800)

NRS 52.245 Admissibility of duplicates. 1. In addition to the situations governed by subsection 2, a duplicate is admissible to the same extent as an original unless: (a) A genuine question is raised as to the authenticity of the original; or (b) In the circumstances it would be …

NRS 52.247 Admissibility of rerecorded, copied or reproduced records; certain records of governmental agency deemed public records. 1. Unless held in a fiduciary or custodial capacity or unless specifically prohibited by a federal or state statute or regulation, by a local ordina…

NRS 52.252 Admissibility of copy or transcript of recordings of telephone calls made through system providing telephone number to be used in emergency. The content of recordings of telephone calls made through a system established to provide a telephone number to be used in an em…

NRS 52.255 Admissibility of other evidence of contents. Except as otherwise provided in NRS 52.247, the original is not required, and other evidence of the contents of a writing, recording or photograph is admissible, if: 1. All originals are lost or have been destroyed, unless t…

NRS 52.260 Record made in course of regularly conducted activity; affidavit required. 1. The contents of a record made in the course of a regularly conducted activity in accordance with NRS 51.135, if otherwise admissible, may be proved by the original or a copy of the record whi…

NRS 52.265 Public records. 1. Except as otherwise provided in NRS 52.247, the contents of an official record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by cop…

NRS 52.275 Summaries. 1. The contents of voluminous writings, recordings or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary or calculation. 2. The originals shall be made available for examination or copying, or both, by…

NRS 52.285 Testimony or written admission of party. Contents of writings, recordings or photographs may be proved by the testimony or deposition of the party against whom offered or by that party’s written admission, without accounting for the nonproduction of the original. (Adde…

NRS 52.295 Functions of judge and jury. 1. Except as otherwise provided in subsection 2, when the admissibility of other evidence of contents under these rules depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is for the ju…

NRS 52.305 Marks instead of signatures; witnesses. 1. The signature of a party, when required to a written instrument, is equally valid if the party cannot write, if: (a) The person makes his or her mark; (b) The name of the person making the mark is written near it; and (c) The …

NRS 52.315 Seal unnecessary. The word “seal,” and the initial letters “L.S.,” and other words, letters or characters of like import, opposite the name of the signer of any instrument in writing, are unnecessary to give such instrument legal effect, and any omission to use them by…

NRS 52.320 Definitions. As used in NRS 52.320 to 52.375, inclusive, unless the context otherwise requires: 1. “Custodian of medical records” means a chiropractic physician, naprapath, physician, genetic counselor, licensed physical therapist or licensed nurse who prepares and mai…

NRS 52.325 Subpoenaed records: Delivery of authenticated copy by custodian; order for return of record; form of affidavit of authentication. 1. A custodian of medical records sufficiently complies with a subpoena calling for the production of medical records in the custodian’s cu…

NRS 52.335 Copies delivered to clerk of court: Custody; maintenance; return. 1. Except as provided in NRS 52.365, the copy of a medical record delivered pursuant to NRS 52.325 shall be kept in the custody of the clerk of the court issuing the subpoena, in a sealed container suppl…

NRS 52.345 Notice of delivery to clerk of court. The custodian of the medical record which has been subpoenaed shall promptly notify the attorney for the party who caused the subpoena to be issued that the documents involved have been delivered to the court. For purposes of this …

NRS 52.355 Order for production of original documents; appearance by custodian. 1. If during a trial or discovery proceeding the authenticity of the record or a question of interpretation of handwriting is involved, the court may order the original documents produced. 2. If the p…

NRS 52.365 Use of copies in discovery proceedings. 1. If the contents of a medical record which has been delivered pursuant to NRS 52.325 are the object of a discovery proceeding by any party to the action, counsel may stipulate for, or in the absence of stipulation the court may…

NRS 52.375 Fees for subpoenas; admissibility of medical records. NRS 52.320 to 52.365, inclusive, do not affect: 1. Subpoena fee requirements provided by statute or rule of court. 2. The admissibility of the contents of a medical record. (Added to NRS by 1973, 361) DISPOSAL OF PH…

NRS 52.385 Property evidencing crime: Return to person entitled to possession; admissibility of photographs in lieu of property; disposal of property not returned. 1. At any time after property of any person other than the one accused of the crime of which the property is evidenc…

NRS 52.395 Controlled substances, dangerous drugs and immediate precursors: Procedure for destruction of unnecessary quantity seized as evidence; disposal of hazardous waste; exception. 1. When any substance alleged to be a controlled substance, dangerous drug or immediate precur…

NRS 52.400 Marijuana: Procedure for destruction of unnecessary quantity seized as evidence. Except as otherwise provided in NRS 678C.800: 1. At any time after a substance which is alleged to be marijuana is seized from a defendant by a peace officer, the law enforcement agency of…

NRS 52.405 Definitions. As used in NRS 52.405 to 52.435, inclusive, unless the context otherwise requires: 1. “Custodian of the records of a casino or hotel” means an employee or agent of a gaming licensee or hotel who has the care, custody and control of the records of the casin…

NRS 52.415 Authentication of copies. The content of records of a casino or hotel, if otherwise admissible, may be proved by a copy of the record which is authenticated by a custodian of the records of a casino or hotel in a signed affidavit. The custodian must verify in the affid…

NRS 52.425 Subpoenaed records: Delivery of authenticated copy by custodian; notice and availability upon receipt; preservation. 1. A custodian of the records of a hotel or casino complies with a subpoena requesting the production of the records of a casino or hotel by delivering …

NRS 52.435 Order for production of original record; appearance by custodian. If during a trial or a proceeding for discovery, the authenticity of a record is reasonably questioned or if an interpretation of handwriting is in question, the court may order the personal attendance o…

NRS 52.450 Definitions. As used in NRS 52.450 to 52.480, inclusive, unless the context otherwise requires: 1. “Banking or financial institution” means any bank, savings and loan association, savings bank, thrift company or credit union licensed to do business as such in this Stat…

NRS 52.460 Authentication of copies; form and contents of affidavit. 1. The content of records of a banking or financial institution, if otherwise admissible, may be proved by a copy of the record which is authenticated by a custodian of the records of a banking or financial inst…