[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)
