Title 14

NRS 173.105 Charging defendant by fictitious or erroneous name: Insertion of true name. When a defendant is charged by a fictitious or erroneous name, and in any stage of the proceedings the defendant’s true name is discovered, it must be inserted in the subsequent proceedings re…

NRS 173.115 Joinder of offenses. 1. Two or more offenses may be charged in the same indictment or information in a separate count for each offense if the offenses charged, whether felonies or gross misdemeanors or both, are: (a) Based on the same act or transaction; or (b) Based …

NRS 173.125 Prosecution not required to elect between different offenses or counts; plea of guilty or guilty but mentally ill to one offense does not preclude prosecution for other offenses. The prosecution is not required to elect between the different offenses or counts set for…

NRS 173.135 Joinder of defendants. Two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. Such defendant…

NRS 173.145 Issuance of warrant or summons. 1. Upon the request of the Attorney General acting pursuant to a specific statute or the district attorney, the court shall issue a warrant for each defendant named in the indictment or information. 2. The clerk shall issue a summons in…

NRS 173.155 Form of warrant; fixing and endorsement of amount of bail. The form of the warrant shall be as provided in NRS 171.108 except that it shall be signed by the clerk, it shall describe the offense charged in the indictment or information and it shall command that the def…

NRS 173.165 Manner of proceeding on giving bail in another county. If the offense charged in the warrant is bailable, and the defendant is arrested in another county, the officer must, upon being required by the defendant, take the defendant before the most convenient magistrate …

NRS 173.175 Ordering defendant charged with felony into custody unless increased bail is given. When the indictment or information is for a felony and the defendant before the filing thereof has given bail for the defendant’s appearance to answer the charge, the court in which th…

NRS 173.185 Form of summons. The summons shall be in the same form as the warrant except that it shall summon the defendant to appear before the court at a stated time and place. (Added to NRS by 1967, 1414)

NRS 173.195 Execution of warrant and service of summons. The warrant shall be executed or the summons served as provided in NRS 171.114, 171.118 and 171.122. A summons to a corporation shall be served as provided in NRS 171.122. The officer executing the warrant shall bring the a…

NRS 173.205 Return of warrant and summons; reissuance. 1. The peace officer executing a warrant shall make return thereof to the court. At the request of the Attorney General acting pursuant to a specific statute or the district attorney any unexecuted warrant must be returned an…

NRS 174.015 Conduct of arraignment. 1. Except as otherwise provided in subsection 3, arraignment shall be conducted in open court and shall consist of reading the indictment or information to the defendant or stating the substance of the charge and calling on the defendant to ple…

NRS 174.025 Proceedings respecting name of defendant; entry of true name in minutes; subsequent proceedings in true name. When the defendant is arraigned, the defendant must be informed that if the name by which the defendant is prosecuted is not his or her true name the defendan…

NRS 174.031 Determination of eligibility; court may order defendant to complete program. 1. At the arraignment of a defendant in justice court or municipal court, but before the entry of a plea, the court may determine whether the defendant is eligible for assignment to a prepros…

NRS 174.032 Establishment of program; terms and conditions. 1. A justice court or municipal court may establish a preprosecution diversion program to which it may assign a defendant if he or she is determined to be eligible pursuant to NRS 174.031. 2. If a defendant is determined…

NRS 174.033 Discharge of defendant upon fulfillment of terms and conditions; termination of participation of defendant and order to appear for arraignment. 1. If the justice court or municipal court determines that a defendant has successfully completed the terms and conditions o…

NRS 174.034 Sealing of records after discharge. 1. If the defendant is discharged and the indictment, information, complaint or citation is dismissed pursuant to NRS 174.033, the justice court or municipal court must order sealed all documents, papers and exhibits in the record o…

NRS 174.035 Types of pleas; procedure for entering plea. 1. A defendant may plead not guilty, guilty, guilty but mentally ill or, with the consent of the court, nolo contendere. The court may refuse to accept a plea of guilty or guilty but mentally ill. 2. If a plea of guilty or …

NRS 174.055 Proceedings on plea of guilty or guilty but mentally ill in justice court. In a justice court, if the defendant pleads guilty or guilty but mentally ill, the court may, before entering such a plea or pronouncing judgment, examine witnesses to ascertain the gravity of …

NRS 174.061 Plea bargaining: General requirements; prohibited agreements. 1. 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 mentally ill or nolo co…

NRS 174.063 Written plea agreement for plea of guilty or guilty but mentally ill: Form; contents. 1. If a plea of guilty or guilty but mentally ill is made in a written plea agreement, the agreement must be substantially in the following form: Case No. ...........................…

NRS 174.065 When plea may specify degree of crime or punishment. Except as otherwise provided in NRS 174.061: 1. On a plea of guilty or guilty but mentally ill to an information or indictment accusing a defendant of a crime divided into degrees, when consented to by the prosecuti…

NRS 174.075 Pleadings and motions. 1. Pleadings in criminal proceedings are the indictment, the information and, in justice court, the complaint, and the pleas of guilty, guilty but mentally ill, not guilty, not guilty by reason of insanity and nolo contendere. 2. All other pleas…

NRS 174.085 Proceedings not constituting acquittal; effect of acquittal on merits; proceedings constituting bar to another prosecution; retrial after discharge of jury; effect of voluntary dismissal. 1. If a defendant was formerly acquitted on the ground of a variance between the…

NRS 174.095 Defenses and objections which may be raised by motion. Any defense or objection which is capable of determination without the trial of the general issue may be raised before trial by motion. (Added to NRS by 1967, 1416)

NRS 174.098 Motion to declare that defendant is intellectually disabled: When authorized; procedure. 1. A defendant who is charged with murder of the first degree in a case in which the death penalty is sought may, not less than 10 days before the date set for trial, file a motio…

NRS 174.105 Defenses and objections which must be raised by motion. 1. Defenses and objections based on defects in the institution of the prosecution, other than insufficiency of the evidence to warrant an indictment, or in the indictment, information or complaint, other than tha…

NRS 174.115 Time of making motion. The motion shall be made before the plea is entered, but the court may permit it to be made within a reasonable time thereafter. (Added to NRS by 1967, 1417)

NRS 174.125 Certain motions required to be made before trial. 1. All motions in a criminal prosecution to suppress evidence, for a transcript of former proceedings, for a preliminary hearing, for severance of joint defendants, for withdrawal of counsel, and all other motions whic…

NRS 174.135 Hearing on motion. 1. A motion before trial raising defenses or objections shall be determined before trial unless the court orders that it be deferred for determination at the trial of the general issue. 2. An issue of fact shall be tried by a jury if a jury trial is…

NRS 174.145 Effect of determination. 1. If a motion is determined adversely to the defendant, the defendant shall be permitted to plead if the defendant had not previously pleaded. A plea previously entered shall stand. 2. If the court grants a motion based on a defect in the ins…

NRS 174.155 Trial together of indictments or informations. The court may order two or more indictments or informations or both to be tried together if the offenses, and the defendants if there is more than one, could have been joined in a single indictment or information. The pro…

NRS 174.165 Relief from prejudicial joinder. 1. If it appears that a defendant or the State of Nevada is prejudiced by a joinder of offenses or of defendants in an indictment or information, or by such joinder for trial together, the court may order an election or separate trials…

NRS 174.171 Applicability. The provisions of NRS 174.171 to 174.225, inclusive, do not apply to a deposition taken pursuant to NRS 174.227 or used pursuant to NRS 174.228, or both. (Added to NRS by 1985, 1423; A 1993, 252)

NRS 174.175 When taken. 1. If it appears that a prospective witness is an older person or a vulnerable person or may be unable to attend or prevented from attending a trial or hearing, that the witness’s testimony is material and that it is necessary to take the witness’s deposit…

NRS 174.185 Notice of taking. The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition. The notice shall state the name and address of each person to be examined. On motion of…

NRS 174.195 Defendant’s counsel and payment of expenses. If a defendant is without counsel the court shall advise the defendant of his or her right and assign counsel to represent the defendant unless the defendant elects to proceed without counsel or is able to obtain counsel. I…

NRS 174.205 How taken. A deposition shall be taken in the manner provided in civil actions. The court at the request of a defendant may direct that a deposition be taken on written interrogatories in the manner provided in civil actions. (Added to NRS by 1967, 1418)

NRS 174.215 Use of deposition. 1. At the trial or upon any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may be used if it appears: (a) That the witness is dead; (b) That the witness is out of the State of Nevada, unless it ap…

NRS 174.225 Objections to admissibility. Objections to receiving in evidence a deposition or part thereof may be made as provided in civil actions. (Added to NRS by 1967, 1419) VIDEOTAPED DEPOSITIONS AND TESTIMONY

NRS 174.227 Videotaped depositions: Order of court; notice to parties; cross-examination; use. 1. A court on its own motion or on the motion of the district attorney may, for good cause shown, order the taking of a videotaped deposition of: (a) A victim of sexual abuse as that te…

NRS 174.228 Videotaped depositions: Use. A court may allow a videotaped deposition to be used instead of the deponent’s testimony at trial only if: 1. In the case of a victim of sexual abuse, as that term is defined in NRS 432B.100: (a) Before the deposition is taken, a hearing i…

NRS 174.229 Videotaped testimony. If a prospective witness who is scheduled to testify before a grand jury or at a preliminary hearing is less than 14 years of age, the court shall, upon the motion of the district attorney, and may, upon its own motion, order the child’s testimon…

NRS 174.231 Effect of NRS 174.227, 174.228 and 174.229. The provisions of NRS 174.227, 174.228 and 174.229 do not preclude: 1. The submission of videotaped depositions or testimony which are otherwise admissible as evidence in court. 2. A victim or prospective witness from testif…

NRS 174.233 Disclosure by defendant of intent to claim alibi; defendant to disclose list of alibi witnesses; prosecuting attorney to disclose list of rebuttal witnesses; continuing duty to disclose; sanctions. 1. In addition to the written notice required by NRS 174.234, a defend…

NRS 174.234 Reciprocal disclosure of lists of witnesses and information relating to expert testimony; continuing duty to disclose; protective orders; sanctions. 1. Except as otherwise provided in this section, not less than 5 judicial days before trial or at such other time as th…