Title 14

NRS 174.295 Continuing duty to disclose; failure to comply; sanctions. 1. If, after complying with the provisions of NRS 174.235 to 174.295, inclusive, and before or during trial, a party discovers additional material previously requested which is subject to discovery or inspecti…

NRS 174.305 Subpoena for attendance of witnesses; form; issuance. Except as provided in NRS 172.195 and 174.315: 1. A subpoena must be issued by the clerk under the seal of the court. It must state the name of the court and the title, if any, of the proceeding, and must command e…

NRS 174.315 Issuance of subpoena by prosecuting attorney or attorney for defendant; promise to appear; informing witness of general nature of grand jury’s inquiry; calendaring of certain subpoenas. 1. A prosecuting attorney may issue subpoenas subscribed by the prosecuting attorn…

NRS 174.325 Production of prisoner as witness. 1. When it is necessary to have a person imprisoned in the state prison brought before any district court, or a person imprisoned in the county jail brought before a district court sitting in another county, an order for that purpose…

NRS 174.335 Subpoena for production of documentary evidence and of objects. 1. Except as otherwise provided in NRS 172.139, a subpoena may also command the person to whom it is directed to produce the books, papers, documents or other objects designated therein. 2. The court on m…

NRS 174.345 Service of subpoena. 1. Except as otherwise provided in NRS 174.315 and subsection 2, a subpoena may be served by a peace officer or by any other person who is not a party and who is not less than 18 years of age. Except as otherwise provided in NRS 289.027, service o…

NRS 174.365 Place of service. A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the State of Nevada. (Added to NRS by 1967, 1421)

NRS 174.375 Subpoena for taking depositions; place of examination. 1. An order to take a deposition authorizes the issuance by the clerk of the court for the county in which the deposition is to be taken of subpoenas for the persons named or described therein. 2. A resident of th…

NRS 174.385 Contempt. Failure by any person without an adequate excuse to obey a subpoena of a court, a prosecuting attorney or an attorney for a defendant served upon the person or, in the case of a subpoena issued by a prosecuting attorney or an attorney for a defendant, delive…

NRS 174.395 Short title. NRS 174.395 to 174.445, inclusive, may be cited as the Uniform Act To Secure the Attendance of Witnesses From Without a State in Criminal Proceedings. (Added to NRS by 1967, 1421)

NRS 174.405 Definitions. As used in NRS 174.395 to 174.445, inclusive: 1. “State” shall include any territory of the United States and the District of Columbia. 2. “Summons” shall include a subpoena, order or other notice requiring the appearance of a witness. 3. “Witness” shall …

NRS 174.415 Summoning witness in this State to testify in another state. 1. If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this State certifies under the seal of such court that t…

NRS 174.425 Witness from another state summoned to testify in this State. 1. If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to…

NRS 174.435 Exemption from arrest and service of process. 1. If a person comes into this state in obedience to a summons directing the person to attend and testify in this state the person shall not while in this state pursuant to such summons be subject to arrest or the service …

NRS 174.445 Uniformity of interpretation. NRS 174.395 to 174.445, inclusive, shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of the states which enact them. (Added to NRS by 1967, 1423) REMOVAL OF ACTION BEFORE TRIAL

NRS 174.455 Ground for removal; application not to be granted until after voir dire examination; appeal of order changing or refusing to change place of trial. 1. A criminal action prosecuted by indictment, information or complaint may be removed from the court in which it is pen…

NRS 174.464 Application for removal: Making and service; hearing and determination in absence of defendant. 1. The application for removal must be made in open court, and in writing, verified by the affidavit of the defendant or district attorney, and a copy of the affidavit must…

NRS 174.475 Order transferring action: When to be made. If the court is satisfied that the representations of the applicant are true, an order must be made transferring the action to the district court of some convenient county free from a like objection. (Added to NRS by 1967, 1…

NRS 174.485 Entry of order of removal; transmittal of papers. The order of removal must be entered on the minutes, and the clerk must immediately make out and transmit to the court to which the action is removed a certified copy of the order of removal, record, pleadings, and pro…

NRS 174.495 Proceedings on removal when defendant is in custody. If the defendant is in custody, the order must direct the defendant’s removal and the defendant must be forthwith removed by the sheriff of the county where the defendant is imprisoned, to the custody of the sheriff…

NRS 174.505 Authority of court to which action is removed; transmission of original papers. The court to which the action is removed must proceed to trial and judgment therein as if the action had been commenced in such court. If it is necessary to have any of the original pleadi…

NRS 174.511 Right of State to trial within 60 days after arraignment; exceptions. The State, upon demand, has the right to a trial of the defendant within 60 days after arraignment. The court may postpone the trial if: 1. It finds that more time is needed by the defendant to prep…

NRS 174.515 Postponement: When and how ordered; court may require depositions of and undertakings by witnesses; court may consider adverse effect upon child who is victim or witness. 1. When an action is called for trial, or at any time previous thereto, the court may, upon suffi…

NRS 174.519 Request for preference in setting date for trial where child is victim or witness; court may consider effect on child of delay in commencement of trial. If the trial involves acts committed against a child less than 16 years of age or involving acts witnessed by a chi…

NRS 175.011 Trial by jury; sound recording of proceedings before juries in justice court. 1. Cases required to be tried by jury must be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the prosecuting attorney. A defen…

NRS 175.021 Formation of jury; number of jurors. 1. Trial juries for criminal actions are formed in the same manner as trial juries in civil actions. 2. Juries must consist of 12 jurors, but at any time before jury selection, the parties may stipulate in writing with the approval…

NRS 175.031 Examination of trial jurors. The court shall conduct the initial examination of prospective jurors, and defendant or the defendant’s attorney and the district attorney are entitled to supplement the examination by such further inquiry as the court deems proper. Any su…

NRS 175.036 Challenges for cause for individual jurors: Grounds; trial of challenge. 1. Either side may challenge an individual juror for disqualification or for any cause or favor which would prevent the juror from adjudicating the facts fairly. 2. Challenges for cause shall be …

NRS 175.041 Limitation of defendants’ right to sever in challenges. When several defendants are tried together, they cannot sever their peremptory challenges, but must join therein. (Added to NRS by 1967, 1425)

NRS 175.051 Number of peremptory challenges. 1. If the offense charged is punishable by death or by imprisonment for life, each side is entitled to eight peremptory challenges. 2. If the offense charged is punishable by imprisonment for any other term or by fine or by both fine a…

NRS 175.061 Alternate jurors. 1. The court may direct that not more than six jurors in addition to the regular jury be called and impaneled to sit as alternate jurors. 2. Alternate jurors, in the order in which they were called, shall replace jurors who become unable or disqualif…

NRS 175.071 Discharge of juror where juror dies or unable to perform duty. If, before the conclusion of the trial, and there being no alternate juror called or available, a juror dies, or becomes disqualified or unable to perform the juror’s duty, the court may duly order the jur…

NRS 175.081 Discharge of jury after retirement upon accident or cause. If, after the retirement of the jury, any accident or cause occurs to prevent their being kept for deliberation, the jury may be discharged. (Added to NRS by 1967, 1425)

NRS 175.091 Disability of judge during trial. If by reason of death, sickness or other disability the judge before whom a jury trial has commenced is unable to proceed with the trial, any other judge regularly sitting in or assigned to the court, upon certifying that the judge ha…

NRS 175.101 Disability of judge after verdict or finding of guilty or guilty but mentally ill. If by reason of absence from the judicial district, death, sickness or other disability the judge before whom the defendant has been tried is unable to perform the duties to be performe…

NRS 175.111 Oath of jurors. When the jury has been impaneled, the court shall administer the following oath: Do you and each of you solemnly swear that you will well and truly try this case, now pending before this court, and a true verdict render according to the evidence given,…

NRS 175.121 Personal knowledge of jurors. 1. The judge shall then admonish the jury that: (a) No juror may declare to any fellow jurors any fact relating to the case as of the juror’s own knowledge; and (b) If any juror discovers during the trial or after the jury has retired tha…

NRS 175.131 Judge to inform jury of right to take notes. Before any evidence has been introduced the judge may inform the jury they may individually take notes during the trial, but the judge shall further caution them not to rely upon their respective notes in case of conflict a…

NRS 175.141 Order of trial. The jury having been impaneled and sworn, the trial shall proceed in the following order: 1. If the indictment or information be for a felony, the clerk must read it and state the plea of the defendant to the jury. In all other cases this formality may…

NRS 175.151 Number of counsel who may argue case. If the indictment or information be for an offense punishable with death, two counsel on each side may argue the case to the jury, but in such case, as well as in all others, the counsel for the State must open and conclude the ar…

NRS 175.161 Instructions. 1. Upon the close of the argument, the judge shall charge the jury. The judge may state the testimony and declare the law, but may not charge the jury in respect to matters of fact. The charge must be reduced to writing before it is given, and no charge …

NRS 175.171 No special instructions to be given relating exclusively to defendant’s testimony. In the trial of all indictments, complaints and other proceedings against persons charged with the commission of crimes or offenses, the person so charged shall, at the person’s own req…

NRS 175.181 Instruction not to be given relative to failure of defendant to testify. 1. No instruction shall be given relative to the failure of the person charged with the commission of crime or offense to testify, except, upon the request of the person so charged, the court sha…

NRS 175.186 Instructions in prosecution for sexual assault or statutory sexual seduction: Use of certain terms and instructions prohibited. 1. In any prosecution for sexual assault or statutory sexual seduction or for an attempt to commit or conspiracy to commit either crime, the…

NRS 175.191 Presumption of innocence: Acquittal in case of reasonable doubt. A defendant in a criminal action is presumed to be innocent until the contrary is proved; and in case of a reasonable doubt whether the defendant’s guilt is satisfactorily shown, the defendant is entitle…

NRS 175.201 Presumption of innocence: Conviction of lowest degree of offense. Every person charged with the commission of a crime shall be presumed innocent until the contrary is proved by competent evidence beyond a reasonable doubt; and when an offense has been proved against t…