Title 4

NRS 50.260 “Prohibited substance” defined. As used in NRS 50.260 to 50.350, inclusive, unless the context otherwise requires, “prohibited substance” has the meaning ascribed to it in NRS 484C.080. (Added to NRS by 1999, 3400; A 2015, 2245)

NRS 50.265 Opinions: Lay witnesses. If the witness is not testifying as an expert, the witness’s testimony in the form of opinions or inferences is limited to those opinions or inferences which are: 1. Rationally based on the perception of the witness; and 2. Helpful to a clear u…

NRS 50.275 Testimony by experts. If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by special knowledge, skill, experience, training or education may t…

NRS 50.285 Opinions: Experts. 1. The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. 2. If of a type reasonably relied upon by experts in forming opinions or in…

NRS 50.295 Opinions: Ultimate issues. Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact. (Added to NRS by 1971, 793)

NRS 50.305 Disclosure of facts and data underlying expert opinion. The expert may testify in terms of opinion or inference and give his or her reasons therefor without prior disclosure of the underlying facts or data, unless the judge requires otherwise. The expert may in any eve…

NRS 50.310 Admissibility of affidavit or declaration of laboratory director regarding results of test performed by medical laboratory. 1. The affidavit or declaration of a laboratory director who has qualified in the district court of any county as an expert witness to testify re…

NRS 50.315 Admissibility of affidavit or declaration offered to prove certain facts concerning use of certain devices or withdrawal or holding of evidence related to determining presence of alcohol, controlled substance, chemical, poison, organic solvent or another prohibited sub…

NRS 50.320 Admissibility of affidavit or declaration of chemist or other expert witness regarding presence in breath, blood or urine of alcohol, controlled substance, chemical, poison, organic solvent or another prohibited substance or regarding identity or quantity of controlled…

NRS 50.325 Procedure for admission of affidavit or declaration of expert or other person to prove existence of alcohol, quantity of controlled substance or existence or identity of controlled substance, chemical, poison, organic solvent or another prohibited substance in prosecut…

NRS 50.330 Testimony given pursuant to NRS 50.315 or 50.320 may be given by use of simultaneous audiovisual transmission; requirements for use. Any testimony given pursuant to NRS 50.315 or 50.320 may be given by means of simultaneous audiovisual transmission accomplished through…

NRS 50.345 Expert testimony to show victim’s behavior or condition is consistent with behavior or condition of victim of sexual assault. In any prosecution for sexual assault, expert testimony is not inadmissible to show that the victim’s behavior or mental or physical condition …

NRS 50.350 Expert testimony which concerns behavior of defendant in preparing child or vulnerable person for sexual abuse. 1. In any criminal or juvenile delinquency action, expert testimony offered by the prosecution or defense which concerns the behavior of a defendant in prepa…

NRS 50.400 Applicability to proceedings in civil actions; qualifications, duties and limitations on conduct of attendant; designation of attendant as witness; “victim of an act of domestic violence pursuant to NRS 33.018” defined. 1. In any civil action involving a victim of an a…

NRS 50.500 Short title. The provisions of NRS 50.500 to 50.620, inclusive, may be cited as the Uniform Child Witness Testimony by Alternative Methods Act. (Added to NRS by 2003, 988)

NRS 50.510 Definitions. As used in NRS 50.500 to 50.620, inclusive, unless the context otherwise requires, the words and terms defined in NRS 50.520 to 50.550, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2003, 988)

NRS 50.520 “Alternative method” defined. “Alternative method” means a method by which a child witness testifies which does not include all of the following: 1. Having the child testify in person in an open forum; 2. Having the child testify in the presence and full view of the fi…

NRS 50.530 “Child witness” defined. “Child witness” means a child under the age of 14 years who has been or will be called to testify in a proceeding. (Added to NRS by 2003, 988)

NRS 50.540 “Criminal proceeding” defined. “Criminal proceeding” means: 1. A trial or hearing before a court in a prosecution of a person charged with violating a criminal law of this State; or 2. A delinquency proceeding which is conducted pursuant to title 5 of NRS. (Added to NR…

NRS 50.550 “Noncriminal proceeding” defined. “Noncriminal proceeding” means a trial or hearing before a court or an administrative agency of this State having judicial or quasi-judicial powers, other than a criminal proceeding. (Added to NRS by 2003, 988)

NRS 50.560 Applicability. 1. The provisions of NRS 50.500 to 50.620, inclusive, apply to the testimony of a child witness in a criminal or noncriminal proceeding. 2. The provisions of NRS 50.500 to 50.620, inclusive, do not preclude: (a) In a noncriminal proceeding, any other pro…

NRS 50.570 Hearing to determine whether to allow testimony by alternative method. 1. The presiding officer in a criminal or noncriminal proceeding: (a) May order a hearing to determine whether to allow a child witness to testify by an alternative method. (b) For good cause shown,…

NRS 50.580 Standards for determining whether child witness may testify by alternative method. 1. In a criminal proceeding, the presiding officer may allow a child witness to testify by an alternative method only in the following situations: (a) The child may testify otherwise tha…

NRS 50.590 Factors for determining whether to permit alternative method. If the presiding officer determines that a standard pursuant to NRS 50.580 has been met, the presiding officer shall determine whether to allow a child witness to testify by an alternative method. In making …

NRS 50.600 Order regarding testimony by alternative method. 1. An order allowing or disallowing a child witness to testify by an alternative method must state the findings of fact and conclusions of law that support the presiding officer’s determination. 2. An order allowing a ch…

NRS 50.610 Right of party to examine child witness. An alternative method ordered by the presiding officer must permit a full and fair opportunity for examination or cross-examination of the child witness by each party. (Added to NRS by 2003, 990)

NRS 50.620 Uniformity of application and construction. In applying and construing the Uniform Child Witness Testimony by Alternative Methods Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it…

NRS 50.700 Court may not order victim or witness to take or submit to psychological or psychiatric examination; exclusion of testimony of licensed psychologist, psychiatrist or clinical social worker; “sexual offense” defined. 1. In any criminal or juvenile delinquency action rel…

NRS 51.015 Definitions. As used in this chapter, unless the context otherwise requires, the words and phrases defined in NRS 51.025 to 51.055, inclusive, have the meanings ascribed to them in such sections. (Added to NRS by 1971, 793)

NRS 51.025 “Declarant” defined. “Declarant” means a person who makes a statement. (Added to NRS by 1971, 793)

NRS 51.035 “Hearsay” defined. “Hearsay” means a statement offered in evidence to prove the truth of the matter asserted unless: 1. The statement is one made by a witness while testifying at the trial or hearing; 2. The declarant testifies at the trial or hearing and is subject to…

NRS 51.045 “Statement” defined. “Statement” means: 1. An oral or written assertion; or 2. Nonverbal conduct of a person, if it is intended as an assertion. (Added to NRS by 1971, 794)

NRS 51.055 “Unavailable as a witness” defined. 1. A declarant is “unavailable as a witness” if the declarant is: (a) Exempted by ruling of the judge on the ground of privilege from testifying concerning the subject matter of the declarant’s statement; (b) Persistent in refusing t…

NRS 51.065 General rule. 1. Hearsay is inadmissible except as provided in this chapter, title 14 of NRS and the Nevada Rules of Civil Procedure. 2. This section constitutes the hearsay rule. (Added to NRS by 1971, 794)

NRS 51.067 Hearsay within hearsay. Hearsay included within hearsay is not excluded under the hearsay rule if each part of the combined statements conforms to an exception to the hearsay rule provided in this chapter. (Added to NRS by 1971, 798)

NRS 51.069 Credibility of declarant. 1. When a hearsay statement has been admitted in evidence, the credibility of the declarant may be attacked or supported by any evidence which would be admissible for those purposes if the declarant had testified as a witness. 2. Evidence of a…

NRS 51.075 General exception; other exceptions illustrative. 1. A statement is not excluded by the hearsay rule if its nature and the special circumstances under which it was made offer assurances of accuracy not likely to be enhanced by calling the declarant as a witness, even t…

NRS 51.085 Present sense impressions. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter, is not inadmissible under the hearsay rule. (Added to NRS by 1971, 794)

NRS 51.095 Excited utterances. A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition is not inadmissible under the hearsay rule. (Added to NRS by 1971, 794)

NRS 51.105 Then existing mental, emotional or physical condition. 1. A statement of the declarant’s then existing state of mind, emotion, sensation or physical condition, such as intent, plan, motive, design, mental feeling, pain and bodily health, is not inadmissible under the h…

NRS 51.115 Statements for purposes of medical diagnosis or treatment. Statements made for purposes of medical diagnosis or treatment and describing medical history, or past or present symptoms, pain or sensations, or the inception or general character of the cause or external sou…

NRS 51.125 Recorded recollection. 1. A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable the witness to testify fully and accurately is not inadmissible under the hearsay rule if it is shown to have b…

NRS 51.135 Record of regularly conducted activity. A memorandum, report, record or compilation of data, in any form, of acts, events, conditions, opinions or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, all in the course of …

NRS 51.145 Absence of entry in records of regularly conducted activity. Evidence that a matter is not included in the memoranda, reports, records or data compilations, in any form, of a regularly conducted activity is not inadmissible under the hearsay rule to prove the nonoccurr…

NRS 51.155 Public records and reports. Records, reports, statements or data compilations, in any form, of public officials or agencies are not inadmissible under the hearsay rule if they set forth: 1. The activities of the official or agency; 2. Matters observed pursuant to duty …

NRS 51.165 Required reports. Records or data compilations, in any form, of births, fetal deaths, deaths or marriages are not inadmissible under the hearsay rule if the report thereof was made to a public office pursuant to requirements of law. (Added to NRS by 1971, 795)