Title 36

NRS 412.332 Eligibility to serve on courts-martial; excusal of member; president of special court-martial. 1. Any commissioned officer of or on duty with the Nevada National Guard is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought b…

NRS 412.334 Military judge of general or special court-martial. 1. A military judge must be detailed to each general and special court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed. 2. The autho…

NRS 412.3345 Military judge: Qualifications. 1. A military judge must be: (a) An active or retired commissioned officer of an organized state military force or in federal service; (b) One of the following: (1) A member in good standing of the State Bar of Nevada; (2) A member of …

NRS 412.336 Trial counsel and defense counsel. 1. For each general and special court-martial the authority convening the court shall request the State Judge Advocate to detail trial and defense counsel and such assistants as he or she considers appropriate. 2. No person who has a…

NRS 412.338 Court reporter and interpreter. Under Office regulations, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court. Und…

NRS 412.342 Absence or excusal of member of court-martial; detailing of additional members or judge; effect of new members or judge on trial. 1. No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accuse…

NRS 412.344 Charges and specifications. 1. Charges and specifications shall be signed by a person subject to this Code under oath before a person authorized by this Code to administer oaths and shall state: (a) That the signer has personal knowledge of, or has investigated, the m…

NRS 412.346 Compulsory self-incrimination and immaterial, degrading, coerced or unlawfully obtained evidence prohibited; accused must be informed of his or her rights. 1. No person subject to this Code may compel any person to incriminate himself or herself or to answer any quest…

NRS 412.348 Investigation: Procedure; rights of accused; uncharged offenses. 1. No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shal…

NRS 412.352 Forwarding of charges to Governor. When a person is held for trial by general court-martial the commanding officer shall, within 8 days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and al…

NRS 412.354 Advice of State Judge Advocate; reference for trial; formal correction of charges. 1. Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the State Judge Advocate for consideration and advice. The convening auth…

NRS 412.356 Service of charges. The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. In time of peace no person may, against his or her objection, be brought to trial …

NRS 412.358 Procedural regulations. Pretrial, trial and posttrial procedures, including modes of proof, for cases before courts-martial arising under this Code and for courts of inquiry, may be prescribed by the Governor or the Adjutant General by regulations, or as otherwise pro…

NRS 412.362 Unlawfully influencing action of court. 1. Except as otherwise provided in subsection 2, no authority convening a general, special or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand or admonish th…

NRS 412.364 Duties of trial counsel and defense counsel. 1. The trial counsel of a general or special court-martial shall prosecute in the name of the State and shall, under the direction of the court, prepare the record of the proceedings. 2. The accused has the right to be repr…

NRS 412.366 Presence of members and parties at proceedings. 1. At any time after the service of charges, which have been referred for trial to a court-martial composed of a military judge and members, the military judge may call the court into session without the presence of the …

NRS 412.368 Continuance. The military judge may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just. (Added to NRS by 1967, 1322; A 1973, 135)

NRS 412.372 Challenges of military judge and members. 1. The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of chal…

NRS 412.374 Oaths and affirmations. 1. The military judge, interpreters, and in general and special courts-martial, members, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel and reporters shall take an oath or affirmation in the presence of the a…

NRS 412.376 Statute of limitations; computation and suspension of period of limitation. 1. A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny, may be tried and punished at any time without limitation. 2. Except as othe…

NRS 412.378 Double jeopardy. 1. No person may, without his or her consent, be tried a second time in any military court of the State for the same offense. 2. No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in …

NRS 412.382 Pleas of accused; effect of plea of guilty. 1. If an accused arraigned before a court-martial makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvident…

NRS 412.384 Obtaining witnesses and evidence: Procedure; service of process. 1. The trial counsel, the defense counsel and the court-martial must have equal opportunity to obtain witnesses, both civilian and military and other evidence in accordance with Office regulations. 2. Th…

NRS 412.386 Penalty for refusal of person not subject to Code to appear or testify. Any person not subject to this Code who: 1. Has been subpoenaed to appear as a witness or to produce books and records before a military court or before any military or civil officer designated to…

NRS 412.388 Contempt; penalty. A military court may punish for contempt any person who uses any menacing word, sign or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for 30 days or a fine of $100, or bot…

NRS 412.392 Deposition. 1. At any time after charges have been signed, as provided in NRS 412.344, any party may take oral or written depositions unless an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is …

NRS 412.394 Admissibility of records of courts of inquiry. 1. In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obt…

NRS 412.3945 Affirmative defense of lack of mental responsibility: Limitations; burden of proof; instructions to members of court. 1. It is an affirmative defense in trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a…

NRS 412.396 Voting; rulings; instructions; findings. 1. Voting by members of a general or special court-martial upon questions of challenge, on the findings and on the sentence must be by secret written ballot. The junior member of the court shall in each case count the votes. Th…

NRS 412.398 Number of votes required. 1. No person may be convicted of an offense, except by the concurrence of two-thirds of the members present at the time the vote is taken. 2. All sentences shall be determined by the concurrence of two-thirds of the members present at the tim…

NRS 412.402 Court to announce action. A court-martial shall announce its findings and sentence to the parties as soon as determined. (Added to NRS by 1967, 1325)

NRS 412.404 Record of trial. 1. Each general and special court-martial must keep a separate record of the proceedings of the trial of each case brought before it and the record must be authenticated by the signatures of the president and the military judge. If the record cannot b…

NRS 412.406 Cruel and unusual punishments prohibited. Punishment by flogging, or by branding, marking or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to this Code. The use of irons, …

NRS 412.408 Punishments limited. 1. The punishments which a court-martial may direct for an offense may not exceed limits prescribed by this Code, but a sentence may not exceed more than confinement for 10 years for a military offense nor can a sentence of death be adjudged. Any …

NRS 412.412 Effective date of sentence. 1. Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date…

NRS 412.414 Execution of confinement. 1. A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place…

NRS 412.4145 Deferment of service of sentence of confinement. 1. On application by an accused who is under a sentence of confinement that has not been ordered executed, the convening authority or, if the accused is no longer under that person’s jurisdiction, the person exercising…

NRS 412.4155 Forfeiture of pay and allowances during period of confinement or parole; waiver. 1. This section applies to any sentence that includes: (a) Confinement for more than 6 months; or (b) Confinement for 6 months or less and a dishonorable discharge, bad-conduct discharge…

NRS 412.4157 Person sentenced by court-martial may be required to take leave under certain circumstances. Under regulations prescribed, an accused who has been sentenced by a court-martial may be required to take leave pending completion of any action under NRS 412.304 to 412.449…

NRS 412.416 Reduction in enlisted grade upon approval. 1. Unless otherwise provided in Office regulations, a court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, that includes: (a) A dishonorable or bad-conduct discharge; …

NRS 412.418 Approval and execution or suspension of sentence. 1. Except as otherwise provided in NRS 412.316 to 412.433, inclusive, a court-martial sentence, unless suspended, may be ordered executed by the convening authority when approved by him or her. The convening authority …

NRS 412.422 Reporting of findings and sentence to convening authority; submission of matters for consideration by accused; modification of findings and sentence by convening authority; action on sentence; proceeding in revision or rehearing; initial review by convening authority;…

NRS 412.423 Withdrawal by accused of appeal or right to appeal. 1. In each case subject to appellate review pursuant to NRS 412.422, the accused may file with the convening authority a statement expressly withdrawing the right of the accused to such appeal. Such a withdrawal must…

NRS 412.424 Reconsideration and revision of court’s ruling; limitations. 1. If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsidera…

NRS 412.426 Rehearing or dismissal of charges upon disapproval of findings and sentence. 1. If the convening authority disapproves the findings and sentence of a court-martial he or she may, except where there is lack of sufficient evidence in the record to support the findings, …

NRS 412.428 Approval by convening authority. In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he or she finds correct in law and fact and as the…