Nrs: Chapter 6 - Juries

Link to law: https://www.leg.state.nv.us/NRS/NRS-006.html
Published: 2015

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[Rev. 2/10/2015 3:57:10

PM--2014R2]

CHAPTER 6 - JURIES

QUALIFICATIONS AND EXEMPTIONS OF JURORS

NRS 6.010               Persons

qualified to act as jurors.

NRS 6.020               Exemptions

from service.

NRS 6.030               Grounds

for excusing jurors.

NRS 6.040               Penalty

for failing to attend and serve as a juror.

SELECTION OF TRIAL JURORS BY JURY COMMISSIONER

NRS 6.045               Designation

by rule of district court; administrative duties; selection of trial jurors.

SELECTION OF TRIAL JURORS BY COUNTY COMMISSIONERS

NRS 6.050               Estimate

of required number of jurors by district court; selection by county

commissioners.

NRS 6.060               Names

of persons selected to be placed in jury box.

NRS 6.070               Juror

not serving; name drawn again; exemption.

NRS 6.080               Selection

of additional jurors by county commissioners when names in jury box exhausted;

open venire.

FORMATION OF PANEL OF TRIAL JURORS

NRS 6.090               Procedures

for forming panel; duties of sheriff and jury commissioner.

DISCHARGE OF EXCESS TRIAL JURORS

NRS 6.100               Discharge

of excess trial jurors.

IMPANELING GRAND JURIES

NRS 6.110               Counties

whose population is 100,000 or more: Selection of jurors and alternate jurors;

listing and summoning jurors.

NRS 6.120               Counties

whose population is less than 100,000: Selection of jurors and alternate

jurors; listing and summoning jurors.

NRS 6.130               Permissible

summoning of grand jury by filing of affidavit or petition by taxpayer.

NRS 6.132               Summoning

of grand jury by filing of petition by committee of registered voters.

NRS 6.135               Impaneling

of grand juries to investigate state affairs; payment of expenses.

NRS 6.140               Application

to appellate court for order directing selection and impaneling of grand jury.

NRS 6.145               Recess

of grand jury.

FEES AND EXPENSES OF JURORS

NRS 6.150               Grand

jurors and trial jurors in district and justice court.

NRS 6.155               Establishment

of program to allow juror to donate money to which juror is entitled for

juror’s services and expenses to local agency for prevention of child abuse and

neglect.

NRS 6.160               Payment

of jurors.

NRS 6.180               Expenses

of jurors in civil cases.

UNLAWFUL ACTS; PENALTIES

NRS 6.190               Terminating

or threatening to terminate employment because of jury duty prohibited; civil

action for unlawful termination; requiring employee to use sick leave or

vacation time or to work certain hours prohibited; notice to employer;

dissuasion from service as juror.

_________

_________

QUALIFICATIONS AND EXEMPTIONS OF JURORS

      NRS 6.010  Persons qualified to act as jurors.  Except

as otherwise provided in this section, every qualified elector of the State,

whether registered or not, who has sufficient knowledge of the English

language, and who has not been convicted of treason, a felony, or other

infamous crime, and who is not rendered incapable by reason of physical or

mental infirmity, is a qualified juror of the county in which the person resides.

A person who has been convicted of a felony is not a qualified juror of the

county in which the person resides until the person’s civil right to serve as a

juror has been restored pursuant to NRS

176A.850, 179.285, 213.090, 213.155 or 213.157.

      [1:65:1873; A 1881, 23; BH § 3788; C § 3867; RL §

4929; NCL § 8476]—(NRS A 2003, 2690)

      NRS 6.020  Exemptions from service.

      1.  Except as otherwise provided in

subsections 2 and 3 and NRS 67.050,

upon satisfactory proof, made by affidavit or otherwise, the following-named

persons, and no others, are exempt from service as grand or trial jurors:

      (a) While the Legislature is in session, any

member of the Legislature or any employee of the Legislature or the Legislative

Counsel Bureau;

      (b) Any person who has a fictitious address

pursuant to NRS 217.462 to 217.471, inclusive; and

      (c) Any police officer as defined in NRS 617.135.

      2.  All persons of the age of 70 years or

over are exempt from serving as grand or trial jurors. Whenever it appears to

the satisfaction of the court, by affidavit or otherwise, that a juror is over

the age of 70 years, the court shall order the juror excused from all service

as a grand or trial juror, if the juror so desires.

      3.  A person who is the age of 65 years or

over who lives 65 miles or more from the court is exempt from serving as a

grand or trial juror. Whenever it appears to the satisfaction of the court, by

affidavit or otherwise, that a juror is the age of 65 years or over and lives

65 miles or more from the court, the court shall order the juror excused from

all service as a grand or trial juror, if the juror so desires.

      [360:63:1947; 1943 NCL § 6084.370] + [9:65:1873; A

1875, 137; 1877, 176; 1881, 155; 1893, 31; 1895, 51; 1915, 84; 1917, 32; 1921,

29; 1925, 101; 1927, 113; 1939, 169; 1931 NCL § 8479] + [1:17:1889; C § 3880;

RL § 4941; NCL § 8488]—(NRS A 1965, 347; 1967, 1278; 1969, 208, 1422; 1971,

312; 1977, 856;

1981, 687; 1983, 100, 1360; 1997, 187; 1999, 162; 2001, 754; 2001

Special Session, 207, 249; 2003, 289, 1347; 2007, 416; 2011, 138)

      NRS 6.030  Grounds for excusing jurors.

      1.  The court may at any time temporarily

excuse any juror on account of:

      (a) Sickness or physical disability.

      (b) Serious illness or death of a member of the

juror’s immediate family.

      (c) Undue hardship or extreme inconvenience.

      (d) Public necessity.

      2.  In addition to the reasons set forth in

subsection 1, the court may at any time temporarily excuse a person who

provides proof that the person is the primary caregiver of another person who

has a documented medical condition which requires the assistance of another

person at all times.

      3.  A person temporarily excused shall

appear for jury service as the court may direct.

      4.  The court shall permanently excuse any

person from service as a juror if the person is incapable, by reason of a

permanent physical or mental disability, of rendering satisfactory service as a

juror. The court may require the prospective juror to submit a physician’s

certificate concerning the nature and extent of the disability and the

certifying physician may be required to testify concerning the disability when

the court so directs.

      [10:65:1873; B § 1060; BH § 3797; C § 3871; RL §

4933; NCL § 8480]—(NRS A 1977, 294; 2007, 417)

      NRS 6.040  Penalty for failing to attend and serve as a juror.  Any person summoned as provided in this

chapter to serve as a juror, who fails to attend and serve as a juror, shall,

unless excused by the court, be ordered by the court to appear and show cause

for his or her failure to attend and serve as a juror. If the person fails to

show cause, the person is in contempt and shall be fined not more than $500.

      [11:65:1873; B § 1061; BH § 3798; C § 3872; RL §

4934; NCL § 8481]—(NRS A 1967, 528; 1977, 294)

SELECTION OF TRIAL JURORS BY JURY COMMISSIONER

      NRS 6.045  Designation by rule of district court; administrative duties;

selection of trial jurors.

      1.  The district court may by rule of court

designate the clerk of the court, one of the clerk’s deputies or another person

as a jury commissioner, and may assign to the jury commissioner such

administrative duties in connection with trial juries and jurors as the court

finds desirable for efficient administration.

      2.  If a jury commissioner is so selected,

the jury commissioner shall from time to time estimate the number of trial

jurors which will be required for attendance on the district court and shall

select that number from the qualified electors of the county not exempt by law

from jury duty, whether registered as voters or not. The jurors may be selected

by computer whenever procedures to assure random selection from computerized

lists are established by the jury commissioner. The jury commissioner shall

keep a record of the name, occupation and address of each person selected.

      3.  The jury commissioner shall not select

the name of any person whose name was selected the previous year, and who

actually served on the jury by attending in court in response to the venire

from day to day until excused from further attendance by order of the court,

unless there are not enough other suitable jurors in the county to do the

required jury duty.

      (Added to NRS by 1963, 386; A 1967, 981; 1969, 1530;

1975, 911; 1979,

498; 1981,

555; 1989,

1644; 2003,

1347)

SELECTION OF TRIAL JURORS BY COUNTY COMMISSIONERS

      NRS 6.050  Estimate of required number of jurors by district court;

selection by county commissioners.

      1.  In counties where there is no jury

commissioner, the district court, before the board of county commissioners of

the county holds its first regular meeting in each year, and from time to time

thereafter as may be required, shall estimate as nearly as possible the number

of trial jurors that will be required for attendance on the district court of

the county for a period of not more than 1 year, and shall by an order entered

in its minutes notify the board of that number of jurors and period. The board

at its next regular meeting after receipt of the order shall select from the

qualified electors of the county, whether registered or unregistered, not exempt

by law from jury duty, such number of qualified electors as the court has

estimated to be necessary.

      2.  The board shall transmit to the county

clerk, who shall keep a record thereof in his or her office, the name,

occupation and address of each person so selected.

      [1:25:1885; A 1895, 51; C § 3875; RL § 4937; NCL §

8484]—(NRS A 1967, 982; 1981, 326)

      NRS 6.060  Names of persons selected to be placed in jury box.  The names so selected shall at the same time

be written on separate slips of paper and deposited in a box, to be provided

and kept for that purpose and known as the jury box. The box, when not in use

as herein provided, shall be kept securely locked by the county clerk.

      [2:25:1885; BH § 3803; C § 3876; RL § 4938; NCL §

8485]

      NRS 6.070  Juror not serving; name drawn again; exemption.  When a juror drawn is not summoned or fails to

appear, or after appearing is excused by the judge from serving, the juror’s

name shall be returned to the box to be drawn again. The board of county

commissioners shall not select the name of any person whose name was selected

the previous year, and who actually served on the jury by attending in court in

response to the venire from day to day until excused from further attendance by

order of the court, unless there be not enough other suitable jurors in the

county to do the required jury duty.

      [3:25:1885; A 1915, 172; 1919 RL § 4939; NCL § 8486]

      NRS 6.080  Selection of additional jurors by county commissioners when

names in jury box exhausted; open venire.

      1.  When all the names in the jury box have

been exhausted, or there are not enough therein to complete the next panel that

may be drawn, the district judge shall certify the same to the board of county

commissioners, together with a statement of the number of additional names that

will be required, and the board shall thereupon proceed and select such

required number of jurors in the manner provided in NRS

6.050 and 6.060, and thereafter trial jurors

may be drawn therefrom as before.

      2.  It shall at all times be in the

discretion of the court, with the consent of all parties litigant to the action

or actions to be tried thereby, either to draw the names of the jurors from the

box or to issue an open venire directed to the sheriff, requiring the sheriff

to summon, either immediately or for a day fixed, from the citizens of the

county, but not from the bystanders, such number of persons having the

qualifications of jurors as may be needed. The persons thus summoned shall be

as competent trial jurors in all respects as if drawn from the jury box.

      [4:25:1885; A 1887, 121; C § 3878; RL § 4940; NCL §

8487]

FORMATION OF PANEL OF TRIAL JURORS

      NRS 6.090  Procedures for forming panel; duties of sheriff and jury

commissioner.

      1.  To constitute a regular panel of trial

jurors for the district court in a county in which the board of county

commissioners selects jurors on an annual basis, such number of names as the

district judge may direct must be drawn from the jury box. The district judge

shall make and file with the county clerk an order that a regular panel of

trial jurors be drawn, and the number of jurors to be drawn must be named in

the order. The drawing must take place in the office of the county clerk,

during regular office hours, in the presence of all persons who may choose to

witness it. The panel must be drawn by the district judge and clerk, or, if the

district judge so directs, by any one of the county commissioners of the county

and the clerk. If the district judge directs that the panel be drawn by one of

the county commissioners of the county and the clerk, the district judge shall

make and file with the clerk an order designating the name of the county

commissioner and fixing the number of names to be drawn as trial jurors and the

time at which the persons whose names are so drawn are required to attend in

court.

      2.  The drawing, for jurors drawn pursuant

to subsection 1, must be conducted as follows:

      (a) The number to be drawn having been previously

determined by the district judge, the box containing the names of the jurors

must first be thoroughly shaken. It must then be opened and the district judge

and clerk, or one of the county commissioners of the county and the clerk, if

the district judge has so ordered, shall alternately draw therefrom one ballot

until of nonexempt jurors the number determined upon is obtained.

      (b) If the officers drawing the jury deem that

the attendance of any juror whose name is drawn cannot be obtained conveniently

and inexpensively to the county, by reason of the distance of the juror’s

residence from the court or other cause, the juror’s name may be returned to

the box and in its place the name of another juror drawn whose attendance the

officers may deem can be obtained conveniently and inexpensively to the county.

      (c) A list of the names obtained must be made out

and certified by the officers drawing the jury. The list must remain in the

clerk’s office subject to inspection by any officer or attorney of the court,

and the clerk shall immediately issue a venire.

      3.  Whenever trial jurors are selected by a

jury commissioner, the district judge may direct the jury commissioner to

summon and assign to that court the number of qualified jurors the jury

commissioner determines to be necessary for the formation of the petit jury.

The jurors may be selected by computer whenever procedures to assure random

selection from computerized lists have been established by the jury

commissioner.

      4.  Every person named in the venire must

be served by the sheriff personally or by the sheriff or the jury commissioner

by mailing a summons to the person, commanding the person to attend as a juror

at a time and place designated therein. Mileage is allowed only for personal

service. The postage must be paid by the sheriff or the jury commissioner, as

the case may be, and allowed him or her as other claims against the county. The

sheriff shall make return of the venire at least the day before the day named for

their appearance, after which the venire is subject to inspection by any

officer or attorney of the court.

      [4:65:1873; A 1879, 33; 1881, 26; 1915, 167; 1919 RL

§ 4930; NCL § 8477]—(NRS A 1959, 763; 1960, 435; 1965, 27; 1979, 462; 1981, 555)

DISCHARGE OF EXCESS TRIAL JURORS

      NRS 6.100  Discharge of excess trial jurors.  When

at any time there shall be a larger number of trial jurors in attendance upon

any court than are required for the business of the court, or for the time

being, the court may discharge or excuse, temporarily, a sufficient number of

those who have served longest to reduce the panel to the number required.

      [1:82:1875; BH § 3801; C § 3879; RL § 4936; NCL §

8483]

IMPANELING GRAND JURIES

      NRS 6.110  Counties whose population is 100,000 or more: Selection of

jurors and alternate jurors; listing and summoning jurors.

      1.  In any county having a population of

100,000 or more, the selection of persons as proposed grand jurors must be made

in the manner prescribed in this section upon notice from any district judge as

often as the public interest may require and at least once in each 4 years. The

clerk of the court under the supervision of the district judge presiding over

the impaneling of the grand jury shall select at random the names of at least

500 persons to be called as prospective grand jurors. The clerk shall prepare

and mail to each person whose name was selected a questionnaire prepared by the

district judge stating the amount of pay, the estimated time required to serve

and the duties to be performed. Each recipient of the questionnaire must be

requested to complete and return the questionnaire, indicating on the

questionnaire his or her willingness and availability to serve on the grand

jury. The clerk shall continue the selection of names and mailing of questionnaires

until a panel of 100 qualified persons who are willing to serve is established.

      2.  A list of the names of persons who

indicated their willingness to serve as grand jurors must be made by the clerk

of the court and a copy furnished to each district judge. The district judges

shall meet within 15 days thereafter and shall, in order of seniority, each

select one name from the list until at least 50 persons have been selected. A

list of the names of the persons selected as proposed grand jurors must be made

by the clerk, certified by the chief judge of the district court and filed in

the clerk’s office. The clerk shall immediately issue a venire, and the court

shall summon the proposed grand jurors to attend in court at such time as the

district judge directs.

      3.  The court shall summon the proposed

grand jurors, and the district judge presiding over the impaneling of the grand

jury shall select at random from their number 17 persons to constitute the

grand jury and 14 persons to act as alternate grand jurors. If for any reason

an insufficient number of proposed grand jurors fail to appear, additional

proposed grand jurors sufficient to complete the panel of grand jurors and

alternates must be selected from the list of prospective grand jurors by the

district judge presiding over the impaneling, and the persons so selected must

be summoned to appear in court at such time as the district judge directs.

      4.  Every person named in the venire as a

grand juror must be served by the court mailing a summons to the person

commanding the person to attend as a juror at a time and place designated in

the summons. The summons must be registered or certified and deposited in the

post office addressed to the person at his or her usual mailing address. The

receipt of the person so addressed for the registered or certified summons must

be regarded as personal service of the summons upon the person and no mileage

may be allowed for service.

      5.  If for any reason a person selected as

a grand juror is unable to serve on the grand jury until the completion of its

business, the district judge shall select one of the alternate grand jurors to

serve in his or her place.

      [Part 8:65:1873; A 1879, 33; 1881, 26; 1915, 167;

1919, 377; 1927, 220; 1929, 45; 1943, 178; 1949, 513; 1943 NCL § 8478]—(NRS A

1959, 764; 1961, 403; 1965, 248; 1969, 313; 1973, 341, 1271; 1979, 293, 499; 1981, 332; 1983, 382; 1985, 1030; 2011, 8)

      NRS 6.120  Counties whose population is less than 100,000: Selection of

jurors and alternate jurors; listing and summoning jurors.

      1.  In any county having a population of

less than 100,000, the county clerk under the supervision of the district

judge, shall randomly select the names of 50 qualified persons to serve as

prospective grand jurors. The county clerk shall then prepare and mail to each

person whose name was selected a questionnaire drawn up by the district judge

or presiding district judge, where applicable, stating the amount of pay, the

estimated time required to serve, and the duties to be performed. Each

recipient of the questionnaire shall be requested to return the questionnaire,

indicating on it his or her willingness to serve on the jury. The county clerk

shall continue the selection of names and mailing of questionnaires until a

panel of 36 persons who are willing to serve is established. The requirement of

subsection 1 of NRS 6.110 that a grand jury must be

called at least once in every 4 years does not apply to the county unless the

district judge otherwise directs. A list of the names of the 36 persons who

indicate their willingness to serve as grand jurors must be made and certified

by the county clerk and filed in the county clerk’s office, and the clerk shall

immediately issue a venire, directed to the sheriff of the county, commanding

the sheriff to summon the persons willing to serve as grand jurors to attend in

court at such time as the district judge may have directed.

      2.  The sheriff shall summon the grand

jurors, and out of the number summoned each district judge in rotation

according to seniority, shall select one name from the venire until 17 persons

to constitute the grand jury and 12 persons to act as alternate grand jurors

are chosen.

      3.  Every person named in the venire as a

grand juror shall be served by the sheriff mailing a summons to that person

commanding the person to attend as a juror at a time and place designated

therein, which summons shall be registered or certified and deposited in the

post office addressed to the person at his or her usual post office address.

The receipt of the person addressed for the registered or certified summons

must be regarded as personal service of the summons upon that person and no

mileage may be allowed for service. The postage and fee for registered or

certified mail must be paid by the sheriff and allowed him or her as other

claims against the county.

      4.  If for any reason a person selected as

a grand juror is unable to serve on the grand jury until the completion of its

business, the district judge shall select one of the alternate grand jurors to

serve in his or her place. The alternate shall be served by the sheriff in the

manner provided in subsection 3.

      [Part 8a:65:1873; added 1949, 513; 1943 NCL §

8478.01]—(NRS A 1959, 765; 1961, 404; 1969, 95; 1973, 1272; 1979, 500; 1981, 333; 1985, 1031)

      NRS 6.130  Permissible summoning of grand jury by filing of affidavit or

petition by taxpayer.

      1.  In any county, if the statute of

limitations has not run against the person offending, the district judge may

summon a grand jury after an affidavit or verified petition by any taxpayer of

the county accompanied by and with corroborating affidavits of at least two

additional persons has been filed with the clerk of the district court, setting

forth reasonable evidence upon which a belief is based that there has been a

misappropriation of public money or property by a public officer, past or

present, or any fraud committed against the county or state by any officer,

past or present, or any violation of trust by any officer, past or present. The

district judge shall act upon the affidavit or petition within 5 days. If he or

she fails or refuses to recall or summon a grand jury, the affiant or

petitioner may proceed as provided in NRS 6.140.

      2.  If there is a grand jury in recess, the

court shall recall that grand jury. If there is not a grand jury in recess, a

new grand jury must be summoned.

      [Part 8:65:1873; A 1879, 33; 1881, 26; 1915, 167;

1919, 377; 1927, 220; 1929, 45; 1943, 178; 1949, 513; 1943 NCL § 8478] + [Part

8a:65:1873; added 1949, 513; 1943 NCL § 8478.01]—(NRS A 1961, 674; 1967, 863,

1468; 1985,

1032; 2001,

751)

      NRS 6.132  Summoning of grand jury by filing of petition by committee of

registered voters.

      1.  A committee of petitioners consisting

of five registered voters may commence a proceeding to summon a grand jury

pursuant to this section by filing with the clerk of the district court an

affidavit that contains the following information:

      (a) The name and address of each registered voter

who is a member of the committee.

      (b) The mailing address to which all

correspondence concerning the committee is to be sent.

      (c) A statement that the committee will be

responsible for the circulation of the petition and will comply with all

applicable requirements concerning the filing of a petition to summon a grand

jury pursuant to this section.

      (d) A statement explaining the necessity for

summoning a grand jury pursuant to this section.

      2.  A petition to summon a grand jury must

be filed with the clerk by a committee of petitioners not later than 180 days

after an affidavit is filed pursuant to subsection 1. The petition must

contain:

      (a) The signatures of registered voters equal in

number to at least 25 percent of the number of voters voting within the county

at the last preceding general election. Each signature contained in the

petition:

             (1) May only be obtained after the

affidavit required pursuant to subsection 1 is filed;

             (2) Must be executed in ink; and

             (3) Must be followed by the address of the

person signing the petition and the date on which the person is signing the

petition.

      (b) A statement indicating the number of

signatures of registered voters which were obtained by the committee and which

are included in the petition.

      (c) An affidavit executed by each person who

circulated the petition which states that:

             (1) The person circulated the petition

personally;

             (2) At all times during the circulation of

the petition, the affidavit filed pursuant to subsection 1 was affixed to the

petition;

             (3) Each signature obtained by the person

is genuine to the best of his or her knowledge and belief and was obtained in

his or her presence; and

             (4) Each person who signed the petition

had an opportunity before signing the petition to read the entire text of the

petition.

      3.  A petition filed pursuant to this

section may consist of more than one document, but all documents that are

included as part of the petition must be assembled into a single instrument for

the purpose of filing. Each document that is included as part of the petition

must be uniform in size and style and must be numbered.

      4.  A person shall not misrepresent the

intent or content of a petition circulated or filed pursuant to this section. A

person who violates the provisions of this subsection is guilty of a

misdemeanor.

      5.  The clerk shall issue a receipt

following the filing of a petition pursuant to this section. The receipt must

indicate the number of:

      (a) Documents included in the petition;

      (b) Pages in each document; and

      (c) Signatures which the committee indicates were

obtained and which are included in the petition.

      6.  Within 20 days after a petition is

filed pursuant to this section, the clerk shall:

      (a) Prepare a certificate indicating whether the

petition is sufficient or insufficient, and if the petition is insufficient,

include in the certificate the reasons for the insufficiency of the petition;

and

      (b) Transmit a copy of the certificate to the

committee by certified mail.

      7.  A petition must not be certified as

insufficient for lack of the required number of valid signatures if, in the

absence of other proof of disqualification, any signature on the face thereof

does not exactly correspond with the signature appearing on the official

register of voters and the identity of the signer can be ascertained from the

face of the petition.

      8.  If a petition is certified as:

      (a) Sufficient, the clerk shall promptly present

a copy of the certificate to the court, and the court shall summon a grand

jury. If there is a grand jury in recess, the court shall recall that grand

jury. If there is not a grand jury in recess, a new grand jury must be

summoned.

      (b) Insufficient, the committee may, within 2

days after receipt of the copy of the certificate, file a request with the

court for judicial review of the determination by the clerk that the petition

is insufficient. In reviewing the determination of the clerk, the court shall

examine the petition and the certificate of the clerk and may, in its

discretion, allow the introduction of oral or written testimony. The

determination of the clerk may be reversed only upon a showing that the determination

is in violation of any constitutional or statutory provision, is arbitrary or

capricious, or involves an abuse of discretion. If the court finds that the

determination of the clerk was correct, the committee may commence a new

proceeding to summon a grand jury pursuant to this section or may proceed as

provided in NRS 6.140. If the court finds that the

determination of the clerk must be reversed, the court shall summon a grand

jury. If there is a grand jury in recess, the court shall recall that grand

jury. If there is not a grand jury in recess, a new grand jury must be

summoned.

      (Added to NRS by 2001, 750)

      NRS 6.135  Impaneling of grand juries to investigate state affairs; payment

of expenses.

      1.  Upon request of the Governor, or of the

Legislature by concurrent resolution, the district judge of any county shall

cause a grand jury to be impaneled in the same manner as other grand juries are

impaneled, except that the sole duty of a grand jury impaneled under the

provisions of this section shall limit its investigations to state affairs, and

to the conduct of state officers and employees. The report of such grand jury

shall be transmitted to the Governor and the Legislature.

      2.  The expenses of a grand jury impaneled

under the provisions of this section shall be a charge against the General Fund

of the State, to be certified by the district judge and paid on claims.

      (Added to NRS by 1957, 548)

      NRS 6.140  Application to appellate court for order directing selection and

impaneling of grand jury.  In any

county, if the district judge for any reason fails or refuses to select a grand

jury when required, any interested person resident of the county may apply to

the appellate court of competent jurisdiction pursuant to the rules fixed by

the Supreme Court pursuant to Section

4 of Article 6 of the Nevada Constitution for an order directing the

selection of a grand jury. The application must be supported by affidavits

setting forth the true facts as known to the applicant, and the certificate of the

county clerk that a grand jury has not been selected within the time fixed or

otherwise as the facts may be. The appellate court of competent jurisdiction

pursuant to the rules fixed by the Supreme Court shall issue its order, if

satisfied that a grand jury should be called, directing the county clerk to

select and impanel a grand jury, according to the provisions of NRS 6.110 to 6.132,

inclusive.

      [8b:65:1873; added 1953, 12]—(NRS A 1973, 1273; 2001, 752; 2013, 1731)

      NRS 6.145  Recess of grand jury.  Upon

the completion of its business for the time being, the court may, at the

request of or with the concurrence of the grand jury, recess the grand jury

subject to recall at such time as new business may require its attention.

      (Added to NRS by 1967, 1467; A 1985, 557)

FEES AND EXPENSES OF JURORS

      NRS 6.150  Grand jurors and trial jurors in district and justice court.

      1.  Each person summoned to attend as a

grand juror or a trial juror in the district court or justice court is entitled

to a fee of $40 for each day after the second day of jury selection that the

person is in attendance in response to the venire or summons, including Sundays

and holidays.

      2.  Each grand juror and trial juror in the

district court or justice court actually sworn and serving is entitled to a fee

of $40 a day as compensation for each day of service.

      3.  In addition to the fees specified in

subsections 1 and 2, a board of county commissioners may provide that, for each

day of such attendance or service, each person is entitled to be paid the per

diem allowance and travel expenses provided for state officers and employees

generally.

      4.  Each person summoned to attend as a

grand juror or a trial juror in the district court or justice court and each

grand juror and trial juror in the district court or justice court is entitled

to receive 36.5 cents a mile for each mile necessarily and actually traveled if

the home of the person summoned or serving as a juror is 30 miles or more from

the place of trial.

      5.  If the home of a person summoned or

serving as such a juror is 65 miles or more from the place of trial and the

selection, inquiry or trial lasts more than 1 day, the person is entitled to

receive an allowance for lodging at the rate established for state employees,

in addition to his or her daily compensation for attendance or service, for

each day on which the person does not return to his or her home.

      6.  In civil cases, any fee, per diem

allowance, travel expense or other compensation due each juror engaged in the

trial of the cause must be paid each day in advance to the clerk of the court,

or the justice of the peace, by the party who has demanded the jury. If the

party paying this money is the prevailing party, the money is recoverable as

costs from the losing party. If the jury from any cause is discharged in a

civil action without finding a verdict and the party who demands the jury

subsequently obtains judgment, the money so paid is recoverable as costs from

the losing party.

      7.  The money paid by a county clerk to

jurors for their services in a civil action or proceeding, which the county

clerk has received from the party demanding the jury, must be deducted from the

total amount due them for attendance as such jurors, and any balance is a charge

against the county.

      [Part 2:96:1919; A 1933, 68; 1933, 152; 1937, 210;

1949, 10; 1951, 107; 1953, 134]—(NRS A 1965, 311; 1967, 277; 1975, 911; 1977, 926; 1979, 330; 1981, 326; 1993, 919; 2001, 752; 2003, 1348; 2007, 210, 596)

      NRS 6.155  Establishment of program to allow juror to donate money to which

juror is entitled for juror’s services and expenses to local agency for

prevention of child abuse and neglect.

      1.  Each board of county commissioners may

establish and maintain a program whereby a person may forfeit any money that

the person is entitled to receive pursuant to NRS 6.150

for his or her services and expenses and have that money donated to an agency

which provides child welfare services and that is located in the county in

which the person is serving as a juror. Any money donated through a program

established pursuant to this section must be used only for a program or activity

which is designed to prevent the abuse or neglect of a child or to benefit an

abused or neglected child.

      2.  As used in this section:

      (a) “Abuse or neglect of a child” has the meaning

ascribed to it in NRS 432B.020.

      (b) “Agency which provides child welfare

services” has the meaning ascribed to it in NRS 432B.030.

      (Added to NRS by 1993, 1330; A 1997, 5; 2001

Special Session, 15)

      NRS 6.160  Payment of jurors.  The

county clerk in cases in the district court and the deputy clerk of the justice

court in cases in the justice court shall keep a payroll, enrolling thereon the

names of all jurors, the number of days in attendance and the actual number of

miles traveled by the shortest and most practical route in going to and

returning from the place where the court is held, and at the conclusion of a

trial may:

      1.  Give a statement of the amounts due to

the jurors to the county auditor, who shall draw warrants upon the county

treasurer for the payment thereof; or

      2.  Make an immediate payment in cash of

the amount owing to each juror.

Ê These

payments must be made from and to the extent allowed by the fees collected from

the demanding party, pursuant to the provisions of NRS

6.150, and from and to the extent allowed by any other fees which have been

collected pursuant to law. The clerk shall obtain from each juror so paid a

receipt signed by him or her and indicating the date of payment, the date of service

and the amount paid. A duplicate of this receipt must be immediately delivered

to the appropriate county auditor, county recorder or county comptroller.

      [Part 3:96:1919; A 1923, 63; 1933, 152; 1937, 172;

1931 NCL § 8492]—(NRS A 1973, 295, 1083; 1985, 51)

      NRS 6.180  Expenses of jurors in civil cases.  In

all cases when a jury is kept together by order of the court during a trial, or

by failure to agree upon a verdict, after the cause has been submitted to them

by the court, the expenses of their board and lodging shall be taxed as other

disbursements and expenses in favor of the prevailing party; no verdict shall

be entered or judgment rendered thereon until the same is paid or tendered. The

clerk shall receive and properly disburse all money paid for the expenses of

jurors, as in this section provided to be paid.

      [33:49:1883; BH § 2374; C § 2498; RL § 2035; NCL §

2966]

UNLAWFUL ACTS; PENALTIES

      NRS 6.190  Terminating or threatening to terminate employment because of

jury duty prohibited; civil action for unlawful termination; requiring employee

to use sick leave or vacation time or to work certain hours prohibited; notice

to employer; dissuasion from service as juror.

      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 with the power to terminate or recommend termination of

employment,

Ê of a person

who is a juror or who has received a summons to appear for jury duty, and who

deprives the juror or person summoned of his or her employment, as a

consequence of the person’s service as a juror or prospective juror, or who

asserts to the juror or person summoned that his or her service as a juror or

prospective juror will result in termination of his or her employment, is

guilty of a gross misdemeanor.

      2.  A person discharged from employment in

violation of subsection 1 may commence a civil action against his or her

employer and obtain:

      (a) Wages and benefits lost as a result of the

violation;

      (b) An order of reinstatement without loss of

position, seniority or benefits;

      (c) Damages equal to the amount of the lost wages

and benefits;

      (d) Reasonable attorney’s fees fixed by the

court; and

      (e) Punitive or exemplary damages in an amount

not to exceed $50,000.

      3.  If a person is summoned to appear for

jury duty, the employer and any employee, agent or officer of the employer

shall not, as a consequence of the person’s service as a juror or prospective

juror:

      (a) Require the person to use sick leave or

vacation time; or

      (b) Require the person to work:

             (1) Within 8 hours before the time at

which the person is to appear for jury duty; or

             (2) If the person’s service has lasted for

4 hours or more on the day of his or her appearance for jury duty, including

the person’s time going to and returning from the place where the court is

held, between 5 p.m. on the day of his or her appearance for jury duty and 3

a.m. the following day.

Ê Any person

who violates the provisions of this subsection is guilty of a misdemeanor.

      4.  Each summons to appear for jury duty

must be accompanied by a notice to the employer of the person summoned. The

notice must inform the employer that the person has been summoned for jury duty

and must include a copy of the provisions of subsections 1, 2 and 3. The person

summoned, if the person is employed, shall give the notice to his or her

employer at least 3 days before the person is to appear for jury duty.

      5.  Except as otherwise provided in this

section, any person who in any manner dissuades or attempts to dissuade a

person who has received a summons to appear for jury duty from serving as a

juror is guilty of a misdemeanor.

      (Added to NRS by 1977, 293; A 1987, 810; 2007, 151)