Title 4

NRS 49.291 Teacher and pupil. 1. As used in this section, “teacher” means a person who is regularly employed by a public or private school in this State as a teacher or administrator and who holds a valid license issued by the Superintendent of Public Instruction authorizing the …

NRS 49.293 Law enforcement or public safety personnel and counselor. 1. Any law enforcement or public safety personnel who participate in a peer support counseling session and any counselor providing such counseling have a privilege to refuse to disclose, and to prevent any other…

NRS 49.295 Married person: General rule of privilege; exceptions. 1. Except as otherwise provided in subsections 2 and 3 and NRS 49.305: (a) A married person cannot be examined as a witness for or against his or her spouse without his or her consent. (b) No spouse can be examined…

NRS 49.305 Married person: Exception for insanity. When a married person is insane, and has been so declared by a court of competent jurisdiction, the other spouse shall be a competent witness to testify as to any fact which transpired before or during such insanity, but the priv…

NRS 49.315 Political vote. Every person has a privilege to refuse to disclose the tenor of his or her vote at a political election conducted by secret ballot unless the vote was cast illegally. (Added to NRS by 1971, 787)

NRS 49.325 Trade secrets. 1. A person has a privilege, which may be claimed by the person or the person’s agent or employee, to refuse to disclose and to prevent other persons from disclosing a trade secret owned by him or her, if the allowance of the privilege will not tend to c…

NRS 49.335 Privilege to refuse disclosure of identity of informer. The State or a political subdivision thereof has a privilege to refuse to disclose the identity of a person who has furnished to a law enforcement officer information purporting to reveal the commission of a crime…

NRS 49.345 Who may claim. The privilege may be claimed by an appropriate representative of the State, regardless of whether the information was furnished to an officer of the State or a subdivision thereof. The privilege may be claimed by an appropriate representative of a politi…

NRS 49.355 Voluntary disclosure; informer a witness. No privilege exists under NRS 49.335 or 49.345 if the identity of the informer or the informer’s interest in the subject matter of his or her communication has been disclosed by a holder of the privilege or by the informer’s ow…

NRS 49.365 Testimony on guilt or innocence. If the state or a political subdivision elects not to disclose the identity of an informer and the circumstances indicate a reasonable probability that the informer can give testimony necessary to a fair determination of the issue of gu…

NRS 49.375 Legality of obtaining evidence. 1. If information from an informer is relied upon to establish the legality of the means by which evidence was obtained and the judge is not satisfied that the information was received from an informer reasonably believed to be reliable,…

NRS 49.385 Waiver of privilege by voluntary disclosure; exceptions. 1. A person upon whom these rules confer a privilege against disclosure of a confidential matter waives the privilege if the person or the person’s predecessor while holder of the privilege voluntarily discloses …

NRS 49.395 Privileged matter disclosed under compulsion or without opportunity to claim privilege. Evidence of a statement or other disclosure of privileged matter is inadmissible against the holder of the privilege if the disclosure was: 1. Compelled erroneously; or 2. Made with…

NRS 49.405 Comment upon or inference from claim of privilege; instruction. 1. The claim of a privilege, whether in the present proceeding or upon a prior occasion, is not a proper subject of comment by judge or counsel. No inference may be drawn therefrom. 2. In jury cases, proce…

NRS 50.015 General rule of competency. Every person is competent to be a witness except as otherwise provided in this title. (Added to NRS by 1971, 788)

NRS 50.025 Lack of personal knowledge. 1. A witness may not testify to a matter unless: (a) Evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter; or (b) The witness states his or her opinion or inference as an expert. 2. Evi…

NRS 50.035 Oath or affirmation. 1. Before testifying, every witness shall be required to declare that he or she will testify truthfully, by oath or affirmation administered in a form calculated to awaken his or her conscience and impress his or her mind with the duty to do so. 2.…

NRS 50.045 Interpreters. Interpreters are subject to the provisions of this chapter relating to qualification as an expert. (Added to NRS by 1971, 788; A 1979, 656)

NRS 50.050 Interpreters for person with communications disability: Definitions; appointment required in judicial proceedings; compensation; certain persons not required to pay for interpreter. 1. As used in NRS 50.050 to 50.053, inclusive, unless the context requires otherwise: (…

NRS 50.051 Interpreters for person with communications disability: Appointment required in criminal proceedings. An interpreter must be appointed at public expense for a person with a communications disability who is a party to or a witness in a criminal proceeding. (Added to NRS…

NRS 50.0515 Interpreters for person with communications disability: Appointment of registered community interpreter required; exceptions. 1. Except as otherwise provided in this section, in any judicial or other proceeding in which the court, magistrate or other person presiding …

NRS 50.052 Interpreters for person with communications disability: Replacement; persons ineligible for appointment; selection and approval by person with communications disability. 1. If an interpreter appointed for a person with a communications disability is not effectively or …

NRS 50.053 Interpreters for person with communications disability: Oath; rights and privileges. 1. Before undertaking his or her duties, the interpreter shall swear or affirm that he or she will make a true interpretation in an understandable manner to the person for whom he or s…

NRS 50.054 Interpreter for person with limited English proficiency: Eligibility; oath; rights and privileges; replacement; payment of claims. 1. Except as otherwise provided by a rule of the Court Administrator adopted pursuant to NRS 1.510 and 1.520, a person shall not act as an…

NRS 50.0545 Interpreter for person with limited English proficiency: Appointment required in criminal proceedings; appointment when certified or registered interpreter not available. 1. An interpreter must be appointed at public expense for a person with limited English proficien…

NRS 50.055 Competency: Judge as witness. 1. The judge presiding at the trial shall not testify in that trial as a witness. 2. If the judge is called to testify, no objection need be made in order to preserve the point. (Added to NRS by 1971, 788)

NRS 50.065 Competency: Juror as witness. 1. A member of the jury shall not testify as a witness in the trial of the case in which the member of the jury is sitting as a juror. If the member of the jury is called to testify, the opposing party shall be afforded an opportunity to o…

NRS 50.067 Competency: Receipt of certain care or counseling. 1. A person is not incompetent to be a witness solely by reason of the fact that the person or a member of the person’s family has received medical, psychiatric, or psychological care or counseling in connection with t…

NRS 50.068 Competency: Defendant who agrees to testify against another defendant pursuant to plea bargain. 1. A defendant is not incompetent to be a witness solely by reason of the fact that the defendant enters into an agreement with the prosecuting attorney in which the defenda…

NRS 50.069 Provision of contract or settlement agreement prohibiting or restricting testimony void and unenforceable under certain circumstances. 1. Except as otherwise provided in NRS 233.190, a provision of a contract or settlement agreement is void and unenforceable if: (a) Th…

NRS 50.070 Termination or threat of termination of employment because of service as witness prohibited; penalty; remedies. 1. Any person, corporation, partnership, association or other entity who is: (a) An employer; or (b) The employee, agent or officer of an employer, vested wi…

NRS 50.075 Who may impeach. The credibility of a witness may be attacked by any party, including the party calling the witness. (Added to NRS by 1971, 789)

NRS 50.085 Evidence of character and conduct of witness. 1. Opinion evidence as to the character of a witness is admissible to attack or support the witness’s credibility but subject to these limitations: (a) Opinions are limited to truthfulness or untruthfulness; and (b) Opinion…

NRS 50.090 Evidence of previous sexual conduct of victim of sexual assault or statutory sexual seduction inadmissible to challenge victim’s credibility; exceptions. In any prosecution for sexual assault or statutory sexual seduction or for attempt to commit or conspiracy to commi…

NRS 50.095 Impeachment by evidence of conviction of crime. 1. For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime is admissible but only if the crime was punishable by death or imprisonment for more than 1 year under …

NRS 50.105 Religious beliefs or opinions. Evidence of the beliefs or opinions of a witness on matters of religion is inadmissible for the purpose of showing that by reason of their nature the witness’s credibility is impaired or enhanced. (Added to NRS by 1971, 789) EXAMINATION O…

NRS 50.115 Mode and order of interrogation and presentation. 1. The judge shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence: (a) To make the interrogation and presentation effective for the ascertainment of the truth; (b)…

NRS 50.125 Writing used to refresh memory. 1. If a witness uses a writing to refresh his or her memory: (a) While testifying, an adverse party is entitled: (1) To have it produced at the hearing; (2) To inspect it; (3) To cross-examine the witness thereon; and (4) To introduce in…

NRS 50.135 Prior statements of witness. 1. In examining a witness concerning a prior statement made by the witness, whether written or not, the statement need not be shown or its contents disclosed to the witness, but on request the statement shall be shown or disclosed to opposi…

NRS 50.145 Calling and interrogation of witness by judge. 1. The judge may, on his or her own motion or at the suggestion of a party, call witnesses, and all parties are entitled to cross-examine witnesses thus called. 2. The judge may interrogate witnesses, whether called by the…

NRS 50.155 Exclusion and sequestration of witnesses. 1. Except as otherwise provided in subsections 2 and 3, at the request of a party the judge shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and the judge may make the order of his or he…

NRS 50.165 Duty to appear and testify. 1. A witness, duly served with a subpoena, shall attend at the time appointed, with any papers under the witness’s control required by the subpoena, to answer all pertinent and legal questions, and, unless sooner discharged, to remain until …

NRS 50.175 Witness protected from arrest when attending, going to and returning from court or other place of attendance. Every person who has been, in good faith, served with a subpoena to attend as a witness before a court, judge, commissioner, master, judicial officer appointed…

NRS 50.185 Arrest of protected witness void; liability of arresting officer; affidavit of witness. 1. The arrest of a witness contrary to NRS 50.175 is void. 2. An officer is not liable to the party for making the arrest in ignorance of the facts creating the exoneration, but is …

NRS 50.195 Penalties for disobedience. 1. Refusal to be sworn or to answer as a witness may be punished as a contempt by the court. In a civil action, if the person so refusing is a party, the court may strike any pleading on the person’s behalf, and may enter judgment against th…

NRS 50.205 Warrant for arrest of witness failing to attend; appointment of attorney; appearance before court or officer; exceptions for witness who is victim of domestic violence or sexual assault. 1. In case of failure of a witness to attend, the court or officer issuing the sub…