Nrs: Chapter 174 - Arraignment And Preparation For Trial

Link to law: https://www.leg.state.nv.us/NRS/NRS-174.html
Published: 2015

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[Rev. 2/10/2015 4:23:33

PM--2014R2]

CHAPTER 174 - ARRAIGNMENT AND PREPARATION

FOR TRIAL

ARRAIGNMENT

NRS 174.015           Conduct

of arraignment.

NRS 174.025           Proceedings

respecting name of defendant; entry of true name in minutes; subsequent

proceedings in true name.

PLEAS

NRS 174.035           Types

of pleas; procedure for entering plea.

NRS 174.055           Proceedings

on plea of guilty or guilty but mentally ill in justice court.

NRS 174.061           Plea

bargaining: General requirements; prohibited agreements.

NRS 174.063           Written

plea agreement for plea of guilty or guilty but mentally ill: Form; contents.

NRS 174.065           When

plea may specify degree of crime or punishment.

PLEADINGS AND MOTIONS BEFORE TRIAL; DEFENSES AND OBJECTIONS

NRS 174.075           Pleadings

and motions.

NRS 174.085           Proceedings

not constituting acquittal; effect of acquittal on merits; proceedings

constituting bar to another prosecution; retrial after discharge of jury;

effect of voluntary dismissal.

NRS 174.095           Defenses

and objections which may be raised by motion.

NRS 174.098           Motion

to declare that defendant is intellectually disabled: When authorized;

procedure.

NRS 174.105           Defenses

and objections which must be raised by motion.

NRS 174.115           Time

of making motion.

NRS 174.125           Certain

motions required to be made before trial.

NRS 174.135           Hearing

on motion.

NRS 174.145           Effect

of determination.

JOINDER AND RELIEF THEREFROM

NRS 174.155           Trial

together of indictments or informations.

NRS 174.165           Relief

from prejudicial joinder.

DEPOSITIONS

NRS 174.171           Applicability.

NRS 174.175           When

taken.

NRS 174.185           Notice

of taking.

NRS 174.195           Defendant’s

counsel and payment of expenses.

NRS 174.205           How

taken.

NRS 174.215           Use

of deposition.

NRS 174.225           Objections

to admissibility.

VIDEOTAPED DEPOSITIONS AND TESTIMONY

NRS 174.227           Videotaped

depositions: Order of court; notice to parties; cross-examination; use.

NRS 174.228           Videotaped

depositions: Use.

NRS 174.229           Videotaped

testimony.

NRS 174.231           Effect

of NRS 174.227, 174.228

and 174.229.

DISCOVERY AND INSPECTION

NRS 174.233           Disclosure

by defendant of intent to claim alibi; defendant to disclose list of alibi

witnesses; prosecuting attorney to disclose list of rebuttal witnesses;

continuing duty to disclose; sanctions.

NRS 174.234           Reciprocal

disclosure of lists of witnesses and information relating to expert testimony;

continuing duty to disclose; protective orders; sanctions.

NRS 174.235           Disclosure

by prosecuting attorney of evidence relating to prosecution; limitations.

NRS 174.245           Disclosure

by defendant of evidence relating to defense; limitations.

NRS 174.275           Protective

orders.

NRS 174.285           Time

limits.

NRS 174.295           Continuing

duty to disclose; failure to comply; sanctions.

SUBPOENA

NRS 174.305           Subpoena

for attendance of witnesses; form; issuance.

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.

NRS 174.325           Production

of prisoner as witness.

NRS 174.335           Subpoena

for production of documentary evidence and of objects.

NRS 174.345           Service

of subpoena.

NRS 174.365           Place

of service.

NRS 174.375           Subpoena

for taking depositions; place of examination.

NRS 174.385           Contempt.

ATTENDANCE OF WITNESSES OUTSIDE STATE (UNIFORM ACT)

NRS 174.395           Short

title.

NRS 174.405           Definitions.

NRS 174.415           Summoning

witness in this State to testify in another state.

NRS 174.425           Witness

from another state summoned to testify in this State.

NRS 174.435           Exemption

from arrest and service of process.

NRS 174.445           Uniformity

of interpretation.

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.

NRS 174.464           Application

for removal: Making and service; hearing and determination in absence of

defendant.

NRS 174.475           Order

transferring action: When to be made.

NRS 174.485           Entry

of order of removal; transmittal of papers.

NRS 174.495           Proceedings

on removal when defendant is in custody.

NRS 174.505           Authority

of court to which action is removed; transmission of original papers.

TIME OF TRIAL

NRS 174.511           Right

of State to trial within 60 days after arraignment; exceptions.

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.

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.

_________

_________

ARRAIGNMENT

      NRS 174.015  Conduct of arraignment.

      1.  Arraignment shall be conducted in open

court and shall consist of reading the indictment or information to the

defendant or stating the substance of the charge and calling on the defendant

to plead thereto. The defendant shall be given a copy of the indictment or

information before the defendant is called upon to plead.

      2.  In Justice Court, before the trial

commences, the complaint must be distinctly read to the defendant before the

defendant is called upon to plead.

      (Added to NRS by 1967, 1414)

      NRS 174.025  Proceedings respecting name of defendant; entry of true name in

minutes; subsequent proceedings in true name.  When

the defendant is arraigned, the defendant must be informed that if the name by

which the defendant is prosecuted is not his or her true name the defendant

must then declare his or her true name, or be proceeded against by the name in

the indictment, information or complaint. If the defendant gives no other name,

the court may proceed accordingly; but, if the defendant alleges that another

name is his or her true name, the court must direct an entry thereof in the

minutes of the arraignment, and the subsequent proceedings on the information,

indictment or complaint may be had against the defendant by that name,

referring also to the name by which the defendant was first charged therein.

      (Added to NRS by 1967, 1415)

PLEAS

      NRS 174.035  Types of pleas; procedure for entering plea.

      1.  A defendant may plead not guilty,

guilty, guilty but mentally ill or, with the consent of the court, nolo

contendere. The court may refuse to accept a plea of guilty or guilty but

mentally ill.

      2.  If a plea of guilty or guilty but

mentally ill is made in a written plea agreement, the agreement must be in

substantially the form prescribed in NRS 174.063.

If a plea of guilty or guilty but mentally ill is made orally, the court shall

not accept such a plea or a plea of nolo contendere without first addressing

the defendant personally and determining that the plea is made voluntarily with

understanding of the nature of the charge and consequences of the plea.

      3.  With the consent of the court and the

district attorney, a defendant may enter a conditional plea of guilty, guilty

but mentally ill or nolo contendere, reserving in writing the right, on appeal

from the judgment, to a review of the adverse determination of any specified

pretrial motion. A defendant who prevails on appeal must be allowed to withdraw

the plea.

      4.  A plea of guilty but mentally ill must

be entered not less than 21 days before the date set for trial. A defendant who

has entered a plea of guilty but mentally ill has the burden of establishing

the defendant’s mental illness by a preponderance of the evidence. Except as

otherwise provided by specific statute, a defendant who enters such a plea is

subject to the same criminal, civil and administrative penalties and procedures

as a defendant who pleads guilty.

      5.  The defendant may, in the alternative

or in addition to any one of the pleas permitted by subsection 1, plead not

guilty by reason of insanity. A plea of not guilty by reason of insanity must

be entered not less than 21 days before the date set for trial. A defendant who

has not so pleaded may offer the defense of insanity during trial upon good

cause shown. Under such a plea or defense, the burden of proof is upon the

defendant to establish by a preponderance of the evidence that:

      (a) Due to a disease or defect of the mind, the

defendant was in a delusional state at the time of the alleged offense; and

      (b) Due to the delusional state, the defendant

either did not:

             (1) Know or understand the nature and

capacity of his or her act; or

             (2) Appreciate that his or her conduct was

wrong, meaning not authorized by law.

      6.  If a defendant refuses to plead or if

the court refuses to accept a plea of guilty or guilty but mentally ill or if a

defendant corporation fails to appear, the court shall enter a plea of not

guilty.

      7.  A defendant may not enter a plea of

guilty or guilty but mentally ill pursuant to a plea bargain for an offense

punishable as a felony for which:

      (a) Probation is not allowed; or

      (b) The maximum prison sentence is more than 10

years,

Ê unless the

plea bargain is set forth in writing and signed by the defendant, the

defendant’s attorney, if the defendant is represented by counsel, and the

prosecuting attorney.

      8.  If the court accepts a plea of guilty

but mentally ill pursuant to this section, the court shall cause, on a form

prescribed by the Department of Public Safety, a record of that plea to be

transmitted to the Central Repository for Nevada Records of Criminal History

along with a statement indicating that the record is being transmitted for

inclusion in each appropriate database of the National Instant Criminal

Background Check System.

      9.  As used in this section:

      (a) “Disease or defect of the mind” does not

include a disease or defect which is caused solely by voluntary intoxication.

      (b) “National Instant Criminal Background Check

System” has the meaning ascribed to it in NRS

179A.062.

      (Added to NRS by 1967, 1415; A 1991, 301, 1062; 1995, 1534, 2450; 1997, 641; 2003, 1457; 2007, 1405; 2009, 2484)

      NRS 174.055  Proceedings on plea of guilty or guilty but mentally ill in

justice court.  In a justice court,

if the defendant pleads guilty or guilty but mentally ill, the court may,

before entering such a plea or pronouncing judgment, examine witnesses to

ascertain the gravity of the offense committed. If it appears to the court that

a higher offense has been committed than the offense charged in the complaint,

the court may order the defendant to be committed or admitted to bail or to

answer any indictment that may be found against the defendant or any

information which may be filed by the district attorney.

      (Added to NRS by 1967, 1415; A 1995, 2450; 2003, 1458; 2007, 1406)

      NRS 174.061  Plea bargaining: General requirements; prohibited agreements.

      1.  If a prosecuting attorney enters into

an agreement with a defendant in which the defendant agrees to testify against

another defendant in exchange for a plea of guilty, guilty but mentally ill or

nolo contendere to a lesser charge or for a recommendation of a reduced

sentence, the agreement:

      (a) Is void if the defendant’s testimony is

false.

      (b) Must be in writing and include a statement

that the agreement is void if the defendant’s testimony is false.

      2.  A prosecuting attorney shall not enter

into an agreement with a defendant which:

      (a) Limits the testimony of the defendant to a

predetermined formula.

      (b) Is contingent on the testimony of the

defendant contributing to a specified conclusion.

      (Added to NRS by 1991, 291; A 1995, 2450; 2003, 1458; 2007, 1406)

      NRS 174.063  Written plea agreement for plea of guilty or guilty but mentally

ill: Form; contents.

      1.  If a plea of guilty or guilty but mentally

ill is made in a written plea agreement, the agreement must be substantially in

the following form:

 

Case No.   ...............................................................

Dept. No.  ...............................................................

 

IN

THE .................. JUDICIAL DISTRICT COURT OF THE

STATE

OF NEVADA IN AND FOR THE COUNTY OF.............,

 

The State of Nevada,

                    PLAINTIFF,

 

                              v.

 

(Name of defendant),

                  DEFENDANT.

 

GUILTY

OR GUILTY BUT MENTALLY ILL PLEA AGREEMENT

       I hereby agree to plead

guilty or guilty but mentally ill to: (List charges to which defendant is

pleading guilty or guilty but mentally ill), as more fully alleged in the

charging document attached hereto as Exhibit 1.

       My decision to plead guilty

or guilty but mentally ill is based upon the plea agreement in this case which

is as follows:

       (State the terms of the

agreement.)

 

CONSEQUENCES

OF THE PLEA

       I understand that by pleading

guilty or guilty but mentally ill I admit the facts which support all the

elements of the offenses to which I now plead as set forth in Exhibit 1.

       I understand that as a

consequence of my plea of guilty or guilty but mentally ill I may be imprisoned

for a period of not more than (maximum term of imprisonment) and that I (may or

will) be fined up to (maximum amount of fine). I understand that the law

requires me to pay an administrative assessment fee.

       I understand that, if

appropriate, I will be ordered to make restitution to the victim of the

offenses to which I am pleading guilty or guilty but mentally ill and to the

victim of any related offense which is being dismissed or not prosecuted

pursuant to this agreement. I will also be ordered to reimburse the State of

Nevada for expenses relating to my extradition, if any.

       I understand that I (am or am

not) eligible for probation for the offense to which I am pleading guilty or

guilty but mentally ill. (I understand that, except as otherwise provided by

statute, the question of whether I receive probation is in the discretion of

the sentencing judge, or I understand that I must serve a mandatory minimum

term of (term of imprisonment) or pay a minimum mandatory fine of (amount of

fine) or serve a mandatory minimum term (term of imprisonment) and pay a

minimum mandatory fine of (amount of fine).)

       I understand that if more

than one sentence of imprisonment is imposed and I am eligible to serve the

sentences concurrently, the sentencing judge has the discretion to order the

sentences served concurrently or consecutively.

       I understand that information

regarding charges not filed, dismissed charges or charges to be dismissed

pursuant to this agreement may be considered by the judge at sentencing.

       I have not been promised or

guaranteed any particular sentence by anyone. I know that my sentence is to be

determined by the court within the limits prescribed by statute. I understand

that if my attorney or the State of Nevada or both recommend any specific

punishment to the court, the court is not obligated to accept the

recommendation.

       I understand that the

Division of Parole and Probation of the Department of Public Safety may or will

prepare a report for the sentencing judge before sentencing. This report will

include matters relevant to the issue of sentencing, including my criminal

history. I understand that this report may contain hearsay information

regarding my background and criminal history. My attorney (if represented by counsel)

and I will each have the opportunity to comment on the information contained in

the report at the time of sentencing.

 

WAIVER

OF RIGHTS

       By entering my plea of guilty

or guilty but mentally ill, I understand that I have waived the following

rights and privileges:

       1.  The

constitutional privilege against self-incrimination, including the right to

refuse to testify at trial, in which event the prosecution would not be allowed

to comment to the jury about my refusal to testify.

       2.  The

constitutional right to a speedy and public trial by an impartial jury, free of

excessive pretrial publicity prejudicial to the defense, at which trial I would

be entitled to the assistance of an attorney, either appointed or retained. At

trial, the State would bear the burden of proving beyond a reasonable doubt

each element of the offense charged.

       3.  The

constitutional right to confront and cross-examine any witnesses who would

testify against me.

       4.  The

constitutional right to subpoena witnesses to testify on my behalf.

       5.  The

constitutional right to testify in my own defense.

       6.  The right to appeal

the conviction, with the assistance of an attorney, either appointed or

retained, unless the appeal is based upon reasonable constitutional,

jurisdictional or other grounds that challenge the legality of the proceedings

and except as otherwise provided in subsection 3 of NRS

174.035.

 

VOLUNTARINESS

OF PLEA

       I have discussed the elements

of all the original charges against me with my attorney (if represented by

counsel) and I understand the nature of these charges against me.

       I understand that the State

would have to prove each element of the charge against me at trial.

       I have discussed with my

attorney (if represented by counsel) any possible defenses and circumstances

which might be in my favor.

       All of the foregoing

elements, consequences, rights and waiver of rights have been thoroughly

explained to me by my attorney (if represented by counsel).

       I believe that pleading

guilty or guilty but mentally ill and accepting this plea bargain is in my best

interest and that a trial would be contrary to my best interest.

       I am signing this agreement

voluntarily, after consultation with my attorney (if represented by counsel)

and I am not acting under duress or coercion or by virtue of any promises of

leniency, except for those set forth in this agreement.

       I am not now under the

influence of intoxicating liquor, a controlled substance or other drug which

would in any manner impair my ability to comprehend or understand this

agreement or the proceedings surrounding my entry of this plea.

       My attorney (if represented

by counsel) has answered all my questions regarding this guilty or guilty but

mentally ill plea agreement and its consequences to my satisfaction and I am

satisfied with the services provided by my attorney.

 

       Dated: This ............. day

of the month of ………. of the year …….

 

                                                           ...............................................................................

                                                                                         Defendant.

 

Agreed to on this ............ day

of the month of ………. of the year …….

 

                                                           ...............................................................................

                                                                             Deputy

District Attorney.

 

      2.  If the defendant is represented by

counsel, the written plea agreement must also include a certificate of counsel

that is substantially in the following form:

 

CERTIFICATE

OF COUNSEL

       I, the undersigned, as the

attorney for the defendant named herein and as an officer of the court hereby

certify that:

       1.  I have fully

explained to the defendant the allegations contained in the charges to which

guilty or guilty but mentally ill pleas are being entered.

       2.  I have

advised the defendant of the penalties for each charge and the restitution that

the defendant may be ordered to pay.

       3.  All pleas of

guilty or guilty but mentally ill offered by the defendant pursuant to this

agreement are consistent with all the facts known to me and are made with my

advice to the defendant and are in the best interest of the defendant.

       4.  To the best

of my knowledge and belief, the defendant:

       (a) Is competent and

understands the charges and the consequences of pleading guilty or guilty but

mentally ill as provided in this agreement.

       (b) Executed this

agreement and will enter all guilty or guilty but mentally ill pleas pursuant

hereto voluntarily.

       (c) Was not under the

influence of intoxicating liquor, a controlled substance or other drug at the

time of the execution of this agreement.

 

       Dated: This ............. day

of the month of ………. of the year …….

 

                                                           ...............................................................................

                                                                              Attorney

for defendant.

 

      (Added to NRS by 1995, 1531; A 2001, 36, 2565; 2007, 1406)

      NRS 174.065  When plea may specify degree of crime or punishment.  Except as otherwise provided in NRS 174.061:

      1.  On a plea of guilty or guilty but

mentally ill to an information or indictment accusing a defendant of a crime

divided into degrees, when consented to by the prosecuting attorney in open

court and approved by the court, the plea may specify the degree, and in such

event the defendant shall not be punished for a higher degree than that

specified in the plea.

      2.  On a plea of guilty or guilty but

mentally ill to an indictment or information for murder of the first degree,

when consented to by the prosecuting attorney in open court and approved by the

court, the plea may specify a punishment less than death. The specified punishment,

or any lesser punishment, may be imposed by a single judge.

      (Added to NRS by 1967, 1416; A 1973, 1801; 1977, 1543; 1991, 291, 651; 1993, 828; 1995, 2451; 2003, 1458; 2007, 1409)

PLEADINGS AND MOTIONS BEFORE TRIAL; DEFENSES AND OBJECTIONS

      NRS 174.075  Pleadings and motions.

      1.  Pleadings in criminal proceedings are

the indictment, the information and, in justice court, the complaint, and the

pleas of guilty, guilty but mentally ill, not guilty, not guilty by reason of

insanity and nolo contendere.

      2.  All other pleas, demurrers and motions

to quash are abolished, and defenses and objections raised before trial which

could have been raised by one or more of them may be raised only by motion to

dismiss or to grant appropriate relief, as provided in this title.

      (Added to NRS by 1967, 1416; A 1995, 2451; 2003, 1459; 2007, 1409)

      NRS 174.085  Proceedings not constituting acquittal; effect of acquittal on

merits; proceedings constituting bar to another prosecution; retrial after

discharge of jury; effect of voluntary dismissal.

      1.  If a defendant was formerly acquitted

on the ground of a variance between the indictment, information or complaint

and proof, or the indictment, information, or complaint was dismissed upon an

objection to its form or substance, or in order to hold a defendant for a

higher offense without a judgment of acquittal, it is not an acquittal of the

same offense.

      2.  If a defendant is acquitted on the

merits, the defendant is acquitted of the same offense, notwithstanding a

defect in the form or substance in the indictment, information, or complaint on

which the trial was had.

      3.  When a defendant is convicted or acquitted,

or has been once placed in jeopardy upon an indictment, information or

complaint, except as otherwise provided in subsections 5 and 6, the conviction,

acquittal or jeopardy is a bar to another indictment, information or complaint

for the offense charged in the former, or for an attempt to commit the same, or

for an offense necessarily included therein, of which the defendant might have

been convicted under that indictment, information or complaint.

      4.  In all cases where a jury is discharged

or prevented from giving a verdict by reason of an accident or other cause,

except where the defendant is discharged during the progress of the trial or

after the cause is submitted to them, the cause may be again tried.

      5.  The prosecuting attorney, in a case

that the prosecuting attorney has initiated, may voluntarily dismiss a

complaint:

      (a) Before a preliminary hearing if the crime

with which the defendant is charged is a felony or gross misdemeanor; or

      (b) Before trial if the crime with which the

defendant is charged is a misdemeanor,

Ê without

prejudice to the right to file another complaint, unless the State of Nevada

has previously filed a complaint against the defendant which was dismissed at

the request of the prosecuting attorney. After the dismissal, the court shall

order the defendant released from custody or, if the defendant is released on

bail, exonerate the obligors and release any bail.

      6.  If a prosecuting attorney files a

subsequent complaint after a complaint concerning the same matter has been

filed and dismissed against the defendant:

      (a) The case must be assigned to the same judge

to whom the initial complaint was assigned; and

      (b) A court shall not issue a warrant for the

arrest of a defendant who was released from custody pursuant to subsection 5 or

require a defendant whose bail has been exonerated pursuant to subsection 5 to

give bail unless the defendant does not appear in court in response to a

properly issued summons in connection with the complaint.

      7.  The prosecuting attorney, in a case

that the prosecuting attorney has initiated, may voluntarily dismiss an

indictment or information before the actual arrest or incarceration of the

defendant without prejudice to the right to bring another indictment or

information. After the arrest or incarceration of the defendant, the

prosecuting attorney may voluntarily dismiss an indictment or information

without prejudice to the right to bring another indictment or information only

upon good cause shown to the court and upon written findings and a court order

to that effect.

      (Added to NRS by 1967, 1416; A 1971, 596; 1997, 2391)

      NRS 174.095  Defenses and objections which may be raised by motion.  Any defense or objection which is capable of

determination without the trial of the general issue may be raised before trial

by motion.

      (Added to NRS by 1967, 1416)

      NRS 174.098  Motion to declare that defendant is intellectually disabled:

When authorized; procedure.

      1.  A defendant who is charged with murder

of the first degree in a case in which the death penalty is sought may, not

less than 10 days before the date set for trial, file a motion to declare that

the defendant is intellectually disabled.

      2.  If a defendant files a motion pursuant

to this section, the court must:

      (a) Stay the proceedings pending a decision on

the issue of intellectual disability; and

      (b) Hold a hearing within a reasonable time

before the trial to determine whether the defendant is intellectually disabled.

      3.  The court shall order the defendant to:

      (a) Provide evidence which demonstrates that the

defendant is intellectually disabled not less than 30 days before the date set

for a hearing conducted pursuant to subsection 2; and

      (b) Undergo an examination by an expert selected

by the prosecution on the issue of whether the defendant is intellectually

disabled at least 15 days before the date set for a hearing pursuant to

subsection 2.

      4.  For the purpose of the hearing

conducted pursuant to subsection 2, there is no privilege for any information

or evidence provided to the prosecution or obtained by the prosecution pursuant

to subsection 3.

      5.  At a hearing conducted pursuant to

subsection 2:

      (a) The court must allow the defendant and the

prosecution to present evidence and conduct a cross-examination of any witness

concerning whether the defendant is intellectually disabled; and

      (b) The defendant has the burden of proving by a

preponderance of the evidence that the defendant is intellectually disabled.

      6.  If the court determines based on the

evidence presented at a hearing conducted pursuant to subsection 2 that the

defendant is intellectually disabled, the court must make such a finding in the

record and strike the notice of intent to seek the death penalty. Such a

finding may be appealed pursuant to NRS

177.015.

      7.  For the purposes of this section,

“intellectually disabled” means significant subaverage general intellectual

functioning which exists concurrently with deficits in adaptive behavior and

manifested during the developmental period.

      (Added to NRS by 2003, 766; A 2013, 684, 1752)

      NRS 174.105  Defenses and objections which must be raised by motion.

      1.  Defenses and objections based on

defects in the institution of the prosecution, other than insufficiency of the

evidence to warrant an indictment, or in the indictment, information or

complaint, other than that it fails to show jurisdiction in the court or to

charge an offense, may be raised only by motion before trial. The motion shall

include all such defenses and objections then available to the defendant.

      2.  Failure to present any such defense or

objection as herein provided constitutes a waiver thereof, but the court for

cause shown may grant relief from the waiver.

      3.  Lack of jurisdiction or the failure of

the indictment, information or complaint to charge an offense shall be noticed

by the court at any time during the pendency of the proceeding.

      (Added to NRS by 1967, 1416)

      NRS 174.115  Time of making motion.  The

motion shall be made before the plea is entered, but the court may permit it to

be made within a reasonable time thereafter.

      (Added to NRS by 1967, 1417)

      NRS 174.125  Certain motions required to be made before trial.

      1.  All motions in a criminal prosecution

to suppress evidence, for a transcript of former proceedings, for a preliminary

hearing, for severance of joint defendants, for withdrawal of counsel, and all

other motions which by their nature, if granted, delay or postpone the time of

trial must be made before trial, unless an opportunity to make such a motion

before trial did not exist or the moving party was not aware of the grounds for

the motion before trial.

      2.  In any judicial district in which a

single judge is provided:

      (a) All motions subject to the provisions of

subsection 1 must be made in writing, with not less than 10 days’ notice to the

opposite party unless good cause is shown to the court at the time of trial why

the motion could not have been made in writing upon the required notice.

      (b) The court may, by written order, shorten the

notice required to be given to the opposite party.

      3.  In any judicial district in which two

or more judges are provided:

      (a) All motions subject to the provisions of

subsection 1 must be made in writing not less than 15 days before the date set

for trial, except that if less than 15 days intervene between entry of a plea

and the date set for trial, such a motion may be made within 5 days after entry

of the plea.

      (b) The court may, if a defendant waives hearing

on the motion or for other good cause shown, permit the motion to be made at a

later date.

      4.  Grounds for making such a motion after

the time provided or at the trial must be shown by affidavit.

      (Added to NRS by 1967, 1417; A 1981, 1955)

      NRS 174.135  Hearing on motion.

      1.  A motion before trial raising defenses

or objections shall be determined before trial unless the court orders that it

be deferred for determination at the trial of the general issue.

      2.  An issue of fact shall be tried by a

jury if a jury trial is required under the Constitution of the United States or

of the State of Nevada or by statute.

      3.  All other issues of fact shall be

determined by the court with or without a jury or on affidavits or in such

other manner as the court may direct.

      (Added to NRS by 1967, 1417)

      NRS 174.145  Effect of determination.

      1.  If a motion is determined adversely to

the defendant, the defendant shall be permitted to plead if the defendant had

not previously pleaded. A plea previously entered shall stand.

      2.  If the court grants a motion based on a

defect in the institution of the prosecution or in the indictment, information

or complaint, it may also order that the defendant be held in custody or that

the defendant’s bail be continued for a specified time pending the filing of a

new indictment, information or complaint.

      3.  Nothing in this section shall affect

the provisions of any statute relating to periods of limitations.

      (Added to NRS by 1967, 1417)

JOINDER AND RELIEF THEREFROM

      NRS 174.155  Trial together of indictments or informations.  The court may order two or more indictments or

informations or both to be tried together if the offenses, and the defendants

if there is more than one, could have been joined in a single indictment or

information. The procedure shall be the same as if the prosecution were under

such single indictment or information.

      (Added to NRS by 1967, 1418)

      NRS 174.165  Relief from prejudicial joinder.

      1.  If it appears that a defendant or the

State of Nevada is prejudiced by a joinder of offenses or of defendants in an

indictment or information, or by such joinder for trial together, the court may

order an election or separate trials of counts, grant a severance of defendants

or provide whatever other relief justice requires.

      2.  In ruling on a motion by a defendant

for severance the court may order the district attorney to deliver to the court

for inspection in chambers any statements or confessions made by the defendants

which the State intends to introduce in evidence at the trial.

      (Added to NRS by 1967, 1418)

DEPOSITIONS

      NRS 174.171  Applicability.  The

provisions of NRS 174.171 to 174.225,

inclusive, do not apply to a deposition taken pursuant to NRS 174.227 or used pursuant to NRS

174.228, or both.

      (Added to NRS by 1985, 1423; A 1993, 252)

      NRS 174.175  When taken.

      1.  If it appears that a prospective

witness is an older person or a vulnerable person or may be unable to attend or

prevented from attending a trial or hearing, that the witness’s testimony is

material and that it is necessary to take the witness’s deposition in order to

prevent a failure of justice, the court at any time after the filing of an

indictment, information or complaint may, upon motion of a defendant or of the

State and notice to the parties, order that the witness’s testimony be taken by

deposition and that any designated books, papers, documents or tangible objects,

not privileged, be produced at the same time and place. If the motion is for

the deposition of an older person or a vulnerable person, the court may enter

an order to take the deposition only upon good cause shown to the court. If the

deposition is taken upon motion of the State, the court shall order that it be

taken under such conditions as will afford to each defendant the opportunity to

confront the witnesses against him or her.

      2.  If a witness is committed for failure

to give bail to appear to testify at a trial or hearing, the court, on written

motion of the witness and upon notice to the parties, may direct that the

witness’s deposition be taken. After the deposition has been subscribed, the

court may discharge the witness.

      3.  This section does not apply to the

prosecutor, or to an accomplice in the commission of the offense charged.

      4.  As used in this section:

      (a) “Older person” means a person who is 70 years

of age or older.

      (b) “Vulnerable person” has the meaning ascribed

to it in subsection 7 of NRS 200.5092.

      (Added to NRS by 1967, 1418; A 2009, 2552)

      NRS 174.185  Notice of taking.  The

party at whose instance a deposition is to be taken shall give to every other

party reasonable written notice of the time and place for taking the

deposition. The notice shall state the name and address of each person to be

examined. On motion of a party upon whom the notice is served, the court for

cause shown may extend or shorten the time.

      (Added to NRS by 1967, 1418)

      NRS 174.195  Defendant’s counsel and payment of expenses.  If a defendant is without counsel the court

shall advise the defendant of his or her right and assign counsel to represent

the defendant unless the defendant elects to proceed without counsel or is able

to obtain counsel. If it appears that a defendant at whose instance a

deposition is to be taken cannot bear the expense thereof, the court may direct

that the expenses of the court reporter and of travel and subsistence of the

defendant’s attorney for attendance at the examination must be paid as provided

in NRS 7.135.

      (Added to NRS by 1967, 1418; A 1987, 1301)

      NRS 174.205  How taken.  A

deposition shall be taken in the manner provided in civil actions. The court at

the request of a defendant may direct that a deposition be taken on written

interrogatories in the manner provided in civil actions.

      (Added to NRS by 1967, 1418)

      NRS 174.215  Use of deposition.

      1.  At the trial or upon any hearing, a

part or all of a deposition, so far as otherwise admissible under the rules of

evidence, may be used if it appears:

      (a) That the witness is dead;

      (b) That the witness is out of the State of

Nevada, unless it appears that the absence of the witness was procured by the

party offering the deposition;

      (c) That the witness cannot attend or testify

because of sickness or infirmity;

      (d) That the witness has become of unsound mind;

or

      (e) That the party offering the deposition could

not procure the attendance of the witness by subpoena.

      2.  Any deposition may also be used by any

party to contradict or impeach the testimony of the deponent as a witness.

      3.  If only a part of a deposition is

offered in evidence by a party, an adverse party may require the party to offer

all of it which is relevant to the part offered and any party may offer other

parts.

      (Added to NRS by 1967, 1418; A 1989, 588)

      NRS 174.225  Objections to admissibility.  Objections

to receiving in evidence a deposition or part thereof may be made as provided

in civil actions.

      (Added to NRS by 1967, 1419)

VIDEOTAPED DEPOSITIONS AND TESTIMONY

      NRS 174.227  Videotaped depositions: Order of court; notice to parties;

cross-examination; use.

      1.  A court on its own motion or on the

motion of the district attorney may, for good cause shown, order the taking of

a videotaped deposition of:

      (a) A victim of sexual abuse as that term is

defined in NRS 432B.100;

      (b) A prospective witness in any criminal

prosecution if the witness is less than 14 years of age; or

      (c) A victim of sex trafficking as that term is

defined in subsection 2 of NRS 201.300.

There is a rebuttable presumption that good cause exists where the district

attorney seeks to take the deposition of a person alleged to be the victim of

sex trafficking.

Ê The court

may specify the time and place for taking the deposition and the persons who

may be present when it is taken.

      2.  The district attorney shall give every

other party reasonable written notice of the time and place for taking the

deposition. The notice must include the name of the person to be examined. On

the motion of a party upon whom the notice is served, the court:

      (a) For good cause shown may release the address

of the person to be examined; and

      (b) For cause shown may extend or shorten the

time.

      3.  If at the time such a deposition is

taken, the district attorney anticipates using the deposition at trial, the

court shall so state in the order for the deposition and the accused must be

given the opportunity to cross-examine the deponent in the same manner as

permitted at trial.

      4.  Except as limited by NRS 174.228, the court may allow the videotaped

deposition to be used at any proceeding in addition to or in lieu of the direct

testimony of the deponent. It may also be used by any party to contradict or

impeach the testimony of the deponent as a witness. If only a part of the

deposition is offered in evidence by a party, an adverse party may require the

party to offer all of it which is relevant to the part offered and any party

may offer other parts.

      (Added to NRS by 1985, 1423; A 1993, 252; 2013, 2419)

      NRS 174.228  Videotaped depositions: Use.  A

court may allow a videotaped deposition to be used instead of the deponent’s

testimony at trial only if:

      1.  In the case of a victim of sexual

abuse, as that term is defined in NRS

432B.100:

      (a) Before the deposition is taken, a hearing is

held by a justice of the peace or district judge who finds that:

             (1) The use of the videotaped deposition

in lieu of testimony at trial is necessary to protect the welfare of the

victim; and

             (2) The presence of the accused at trial

would inflict trauma, more than minimal in degree, upon the victim; and

      (b) At the time a party seeks to use the

deposition, the court determines that the conditions set forth in subparagraphs

(1) and (2) of paragraph (a) continue to exist. The court may hold a hearing

before the use of the deposition to make its determination.

      2.  In the case of a victim of sex

trafficking as that term is defined in subsection 2 of NRS 201.300:

      (a) Before the deposition is taken, a hearing is

held by a justice of the peace or district judge and the justice or judge finds

that cause exists pursuant to paragraph (c) of subsection 1 of NRS 174.227; and

      (b) Before allowing the videotaped deposition to

be used at trial, the court finds that the victim is unavailable as a witness.

      3.  In all cases:

      (a) A justice of the peace or district judge

presides over the taking of the deposition;

      (b) The accused is able to hear and see the

proceedings;

      (c) The accused is represented by counsel who, if

physically separated from the accused, is able to communicate orally with the

accused by electronic means;

      (d) The accused is given an adequate opportunity

to cross-examine the deponent subject to the protection of the deponent deemed

necessary by the court; and

      (e) The deponent testifies under oath.

      (Added to NRS by 1993, 251; A 2013, 2420)

      NRS 174.229  Videotaped testimony.  If

a prospective witness who is scheduled to testify before a grand jury or at a

preliminary hearing is less than 14 years of age, the court shall, upon the

motion of the district attorney, and may, upon its own motion, order the

child’s testimony to be videotaped at the time it is given.

      (Added to NRS by 1985, 1424)

      NRS 174.231  Effect of NRS 174.227, 174.228

and 174.229.  The

provisions of NRS 174.227, 174.228

and 174.229 do not preclude:

      1.  The submission of videotaped

depositions or testimony which are otherwise admissible as evidence in court.

      2.  A victim or prospective witness from

testifying at a proceeding without the use of his or her videotaped deposition

or testimony.

      (Added to NRS by 1985, 1424; A 1993, 252)

DISCOVERY AND INSPECTION

      NRS 174.233  Disclosure by defendant of intent to claim alibi; defendant to

disclose list of alibi witnesses; prosecuting attorney to disclose list of

rebuttal witnesses; continuing duty to disclose; sanctions.

      1.  In addition to the written notice

required by NRS 174.234, a defendant in a criminal

case who intends to offer evidence of an alibi in his or her defense shall, not

less than 10 days before trial or at such other time as the court may direct,

file and serve upon the prosecuting attorney a written notice of the

defendant’s intention to claim the alibi. The notice must contain specific

information as to the place at which the defendant claims to have been at the

time of the alleged offense and, as particularly as are known to defendant or

the defendant’s attorney, the names and last known addresses of the witnesses

by whom the defendant proposes to establish the alibi.

      2.  Not less than 10 days after receipt of

the defendant’s list of witnesses, or at such other time as the court may

direct, the prosecuting attorney shall file and serve upon the defendant the

names and last known addresses, as particularly as are known to the prosecuting

attorney, of the witnesses the State proposes to offer in rebuttal to discredit

the defendant’s alibi at the trial of the cause.

      3.  Both the defendant and the prosecuting

attorney have a continuing duty to disclose promptly the names and last known

addresses of additional witnesses which come to the attention of either party

after filing their respective lists.

      4.  If a defendant fails to file and serve

a copy of the notice required by this section, the court may exclude evidence

offered by the defendant to prove an alibi, except the testimony of the

defendant. If the notice is given by a defendant, the court may exclude the

testimony of any witness offered by the defendant to prove an alibi if the name

and last known address of the witness, as particularly as are known to the

defendant or the defendant’s attorney, are not stated in the notice.

      5.  If the prosecuting attorney fails to

file and serve a copy on the defendant of a list of witnesses as required by

this section, the court may exclude evidence offered by the State in rebuttal

to the defendant’s evidence of alibi. If the list is filed and served by the

prosecuting attorney, the court may exclude the testimony of any witness

offered by the prosecuting attorney for the purpose of rebutting the evidence

of alibi if the name and last known address of the witness, as particularly as

are known to the prosecuting attorney, are not stated in the notice. For good

cause shown the court may waive the requirements of this section.

      (Added to NRS by 1969, 350; A 1971, 283; 1991, 301; 1995, 263; 1997, 2365)

      NRS 174.234  Reciprocal disclosure of lists of witnesses and information

relating to expert testimony; continuing duty to disclose; protective orders;

sanctions.

      1.  Except as otherwise provided in this

section, not less than 5 judicial days before trial or at such other time as

the court directs:

      (a) If the defendant will be tried for one or

more offenses that are punishable as a gross misdemeanor or felony:

             (1) The defendant shall file and serve

upon the prosecuting attorney a written notice containing the names and last

known addresses of all witnesses the defendant intends to call during the case

in chief of the defendant; and

             (2) The prosecuting attorney shall file

and serve upon the defendant a written notice containing the names and last

known addresses of all witnesses the prosecuting attorney intends to call

during the case in chief of the State.

      (b) If the defendant will not be tried for any

offenses that are punishable as a gross misdemeanor or felony:

             (1) The defendant shall file and serve upon

the prosecuting attorney a written notice containing the name and last known

address of any witness the defendant intends to call during the case in chief

of the defendant whose name and last known address have not otherwise been

provided to the prosecuting attorney pursuant to NRS

174.245; and

             (2) The prosecuting attorney shall file

and serve upon the defendant a written notice containing the name and last

known address or place of employment of any witness the prosecuting attorney

intends to call during the case in chief of the State whose name and last known

address or place of employment have not otherwise been provided to the

defendant pursuant to NRS 171.1965 or 174.235.

      2.  If the defendant will be tried for one

or more offenses that are punishable as a gross misdemeanor or felony and a

witness that a party intends to call during the case in chief of the State or

during the case in chief of the defendant is expected to offer testimony as an

expert witness, the party who intends to call that witness shall file and serve

upon the opposing party, not less than 21 days before trial or at such other

time as the court directs, a written notice containing:

      (a) A brief statement regarding the subject

matter on which the expert witness is expected to testify and the substance of

the testimony;

      (b) A copy of the curriculum vitae of the expert

witness; and

      (c) A copy of all reports made by or at the

direction of the expert witness.

      3.  After complying with the provisions of

subsections 1 and 2, each party has a continuing duty to file and serve upon

the opposing party:

      (a) Written notice of the names and last known

addresses of any additional witnesses that the party intends to call during the

case in chief of the State or during the case in chief of the defendant. A

party shall file and serve written notice pursuant to this paragraph as soon as

practicable after the party determines that the party intends to call an additional

witness during the case in chief of the State or during the case in chief of

the defendant. The court shall prohibit an additional witness from testifying

if the court determines that the party acted in bad faith by not including the

witness on the written notice required pursuant to subsection 1.

      (b) Any information relating to an expert witness

that is required to be disclosed pursuant to subsection 2. A party shall

provide information pursuant to this paragraph as soon as practicable after the

party obtains that information. The court shall prohibit the party from

introducing that information in evidence or shall prohibit the expert witness

from testifying if the court determines that the party acted in bad faith by

not timely disclosing that information pursuant to subsection 2.

      4.  Each party has a continuing duty to

file and serve upon the opposing party any change in the last known address,

or, if applicable, last known place of employment, of any witness that the

party intends to call during the case in chief of the State or during the case

in chief of the defendant as soon as practicable after the party obtains that

information.

      5.  Upon a motion by either party or the

witness, the court shall prohibit disclosure to the other party of the address

of the witness if the court determines that disclosure of the address would

create a substantial threat to the witness of bodily harm, intimidation,

coercion or harassment. If the court prohibits disclosure of an address

pursuant to this subsection, the court shall, upon the request of a party,

provide the party or the party’s attorney or agent with an opportunity to

interview the witness in an environment that provides for protection of the

witness.

      6.  In addition to the sanctions and

protective orders otherwise provided in subsections 3 and 5, the court may upon

the request of a party:

      (a) Order that disclosure pursuant to this

section be denied, restricted or deferred pursuant to the provisions of NRS 174.275; or

      (b) Impose sanctions pursuant to subsection 2 of NRS 174.295 for the failure to comply with the

provisions of this section.

      7.  A party is not entitled, pursuant to

the provisions of this section, to the disclosure of the name or address of a

witness or any other type of item or information that is privileged or

protected from disclosure or inspection pursuant to the Constitution or laws of

this state or the Constitution of the United States.

      (Added to NRS by 1995, 263; A 1997, 2366; 1999, 152)

      NRS 174.235  Disclosure by prosecuting attorney of evidence relating to

prosecution; limitations.

      1.  Except as otherwise provided in NRS 174.233 to 174.295,

inclusive, at the request of a defendant, the prosecuting attorney shall permit

the defendant to inspect and to copy or photograph any:

      (a) Written or recorded statements or confessions

made by the defendant, or any written or recorded statements made by a witness

the prosecuting attorney intends to call during the case in chief of the State,

or copies thereof, within the possession, custody or control of the State, the

existence of which is known, or by the exercise of due diligence may become

known, to the prosecuting attorney;

      (b) Results or reports of physical or mental

examinations, scientific tests or scientific experiments made in connection

with the particular case, or copies thereof, within the possession, custody or

control of the State, the existence of which is known, or by the exercise of

due diligence may become known, to the prosecuting attorney; and

      (c) Books, papers, documents, tangible objects,

or copies thereof, which the prosecuting attorney intends to introduce during the

case in chief of the State and which are within the possession, custody or

control of the State, the existence of which is known, or by the exercise of

due diligence may become known, to the prosecuting attorney.

      2.  The defendant is not entitled, pursuant

to the provisions of this section, to the discovery or inspection of:

      (a) An internal report, document or memorandum

that is prepared by or on behalf of the prosecuting attorney in connection with

the investigation or prosecution of the case.

      (b) A statement, report, book, paper, document,

tangible object or any other type of item or information that is privileged or

protected from disclosure or inspection pursuant to the Constitution or laws of

this state or the Constitution of the United States.

      3.  The provisions of this section are not

intended to affect any obligation placed upon the prosecuting attorney by the

Constitution of this state or the Constitution of the United States to disclose

exculpatory evidence to the defendant.

      (Added to NRS by 1967, 1419; A 1995, 264; 1997, 2367)

      NRS 174.245  Disclosure by defendant of evidence relating to defense;

limitations.

      1.  Except as otherwise provided in NRS 174.233 to 174.295,

inclusive, at the request of the prosecuting attorney, the defendant shall

permit the prosecuting attorney to inspect and to copy or photograph any:

      (a) Written or recorded statements made by a

witness the defendant intends to call during the case in chief of the

defendant, or copies thereof, within the possession, custody or control of the

defendant, the existence of which is known, or by the exercise of due diligence

may become known, to the defendant;

      (b) Results or reports of physical or mental

examinations, scientific tests or scientific experiments that the defendant

intends to introduce in evidence during the case in chief of the defendant, or

copies thereof, within the possession, custody or control of the defendant, the

existence of which is known, or by the exercise of due diligence may become

known, to the defendant; and

      (c) Books, papers, documents or tangible objects

that the defendant intends to introduce in evidence during the case in chief of

the defendant, or copies thereof, within the possession, custody or control of

the defendant, the existence of which is known, or by the exercise of due

diligence may become known, to the defendant.

      2.  The prosecuting attorney is not

entitled, pursuant to the provisions of this section, to the discovery or

inspection of:

      (a) An internal report, document or memorandum

that is prepared by or on behalf of the defendant or the defendant’s attorney

in connection with the investigation or defense of the case.

      (b) A statement, report, book, paper, document,

tangible object or any other type of item or information that is privileged or

protected from disclosure or inspection pursuant to the Constitution or laws of

this state or the Constitution of the United States.

      (Added to NRS by 1967, 1419; A 1969, 350; 1995, 265; 1997, 2368)

      NRS 174.275  Protective orders.  Upon

a sufficient showing, the court may at any time order that discovery or

inspection pursuant to NRS 174.234 to 174.295, inclusive, be denied, restricted or deferred,

or make such other order as is appropriate. Upon motion by the defendant or

prosecuting attorney, the court may permit the defendant or prosecuting

attorney to make such showing, in whole or in part, in the form of a written

statement to be inspected by the court in chambers. If the court enters an

order granting relief following a showing in chambers, the entire text of the

written statement must be sealed and preserved in the records of the court to

be made available to the appellate court in the event of an appeal.

      (Added to NRS by 1967, 1420; A 1995, 265; 1997, 2369)

      NRS 174.285  Time limits.

      1.  A request made pursuant to NRS 174.235 or 174.245 may

be made only within 30 days after arraignment or at such reasonable later time

as the court may permit. A subsequent request may be made only upon a showing

of cause why the request would be in the interest of justice.

      2.  A party shall comply with a request

made pursuant to NRS 174.235 or 174.245 not less than 30 days before trial or at such

reasonable later time as the court may permit.

      (Added to NRS by 1967, 1420; A 1995, 265; 1997, 2369)

      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 inspection under those

sections, the party shall promptly notify the other party or the other party’s

attorney or the court of the existence of the additional material.

      2.  If at any time during the course of the

proceedings it is brought to the attention of the court that a party has failed

to comply with the provisions of NRS 174.234 to 174.295, inclusive, the court may order the party to

permit the discovery or inspection of materials not previously disclosed, grant

a continuance, or prohibit the party from introducing in evidence the material

not disclosed, or it may enter such other order as it deems just under the

circumstances.

      (Added to NRS by 1967, 1420; A 1995, 265; 1997, 2370)

SUBPOENA

      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 each person to whom it is directed

to attend and give testimony at the time and place specified therein. The clerk

shall issue a subpoena, signed and sealed but otherwise in blank, to a party

requesting it, who shall fill in the blanks before it is served.

      2.  A subpoena must be issued by a justice

of the peace in a proceeding before the justice of the peace under the seal of

the court.

      (Added to NRS by 1967, 1420; A 1967, 1367; 1987, 124)

      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 attorney for witnesses within the

State, in support of the prosecution or whom a grand jury may direct to appear

before it, upon any investigation pending before the grand jury.

      2.  A prosecuting attorney or an attorney

for a defendant may issue subpoenas subscribed by the issuer for:

      (a) Witnesses within the State to appear before

the court at which a preliminary hearing is to be held or an indictment,

information or criminal complaint is to be tried.

      (b) Witnesses already subpoenaed who are required

to reappear in any Justice Court at any time the court is to reconvene in the

same case within 60 days, and the time may be extended beyond 60 days upon good

cause being shown for its extension.

      3.  Witnesses, whether within or outside of

the State, may accept delivery of a subpoena in lieu of service, by a written

or oral promise to appear given by the witness. Any person who accepts an oral

promise to appear shall:

      (a) Identify himself or herself to the witness by

name and occupation;

      (b) Make a written notation of the date when the

oral promise to appear was given and the information given by the person making

the oral promise to appear identifying the person as the witness subpoenaed;

and

      (c) Execute a certificate of service containing

the information set forth in paragraphs (a) and (b).

      4.  A peace officer may accept delivery of

a subpoena in lieu of service, via electronic means, by providing a written

promise to appear that is transmitted electronically by any appropriate means,

including, without limitation, by electronic mail transmitted through the

official electronic mail system of the law enforcement agency which employs the

peace officer.

      5.  A prosecuting attorney shall orally

inform any witness subpoenaed as provided in subsection 1 of the general nature

of the grand jury’s inquiry before the witness testifies. Such a statement must

be included in the transcript of the proceedings.

      6.  Any subpoena issued by an attorney for

a defendant for a witness to appear before the court at which a preliminary

hearing is to be held must be calendared by filing a motion that includes a

notice of hearing setting the matter for hearing not less than 2 full judicial

days after the date on which the motion is filed. A prosecuting attorney may

oppose the motion orally in open court. A subpoena that is properly calendared

pursuant to this subsection may be served on the witness unless the court

quashes the subpoena.

      (Added to NRS by 1967, 1368; A 1979, 130; 1985, 573; 1989, 685; 1991, 302; 1993, 118; 2013, 1202)

      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 may be made by the district court or

district judge, at chambers, and executed by the sheriff of the county when it

is made. The order can only be made upon motion of a party upon affidavit

showing the nature of the action or proceeding, the testimony expected from the

witness, and its materiality.

      2.  When a person required as a witness

before a district court is imprisoned, the judge thereof may order the sheriff

to bring the prisoner before the court at the expense of the State or, in the

judge’s discretion, at the expense of the defendant.

      (Added to NRS by 1967, 1420)

      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 motion made promptly may

quash or modify the subpoena if compliance would be unreasonable or oppressive.

      3.  The court may direct that books,

papers, documents or objects designated in the subpoena be produced before the

court at a time before the trial or before the time when they are to be offered

in evidence and may, upon their production, permit the books, papers, documents

or objects or portions thereof to be inspected by the parties and their

attorneys.

      (Added to NRS by 1967, 1421; A 1985, 1030)

      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 of a subpoena must be

made by delivering a copy thereof to the person named.

      2.  Except as otherwise provided in NRS 174.315, a subpoena to attend a misdemeanor trial

may be served by mailing the subpoena to the person to be served by registered

or certified mail, return receipt requested from that person, in a sealed

postpaid envelope, addressed to the person’s last known address, not less than

10 days before the trial which the subpoena commands the person to attend.

      3.  If a subpoena is served by mail, a

certificate of the mailing must be filed with the court within 2 days after the

subpoena is mailed.

      (Added to NRS by 1967, 1421; A 1977, 638; 1989, 685; 2007, 2816)

      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 this state may be

required to attend an examination only in the county wherein the resident

resides or is employed or transacts business in person. A nonresident of this

state may be required to attend only in the county where the nonresident is

served with a subpoena or within 40 miles from the place of service or at such

other place as is fixed by the court.

      (Added to NRS by 1967, 1421)

      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, delivered to the person and accepted, shall be deemed a contempt of

the court from which the subpoena issued or, in the case of a subpoena issued

by a prosecuting attorney or an attorney for a defendant, of the court in which

a preliminary hearing is to be held, an investigation is pending or an

indictment, information or complaint is to be tried.

      (Added to NRS by 1967, 1421; A 1979, 130; 1995, 1082; 2013, 1203)

ATTENDANCE OF WITNESSES OUTSIDE STATE (UNIFORM ACT)

      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 include a person whose

testimony is desired in any proceeding or investigation by a grand jury or in a

criminal action, prosecution or proceeding.

      (Added to NRS by 1967, 1421)

      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 there is a criminal prosecution pending in such court, or that a

grand jury investigation has commenced or is about to commence, that a person

being within this State is a material witness in such prosecution, or grand

jury investigation, and that the person’s presence will be required for a

specified number of days, upon presentation of such certificate to any judge of

a court of record in the county in which such person is, such judge shall fix a

time and place for a hearing, and shall make an order directing the witness to

appear at a time and place certain for the hearing.

      2.  If at a hearing the judge determines

that the witness is material and necessary, that it will not cause undue

hardship to the witness to be compelled to attend and testify in the

prosecution or a grand jury investigation in the other state, and that the laws

of the state in which the prosecution is pending, or grand jury investigation

has commenced or is about to commence (and of any other state through which the

witness may be required to pass by ordinary course of travel), will give the

witness protection from arrest and the service of civil and criminal process,

the judge shall issue a summons, with a copy of the certificate attached,

directing the witness to attend and testify in the court where the prosecution

is pending, or where a grand jury investigation has commenced or is about to

commence at a time and place specified in the summons. In any such hearing the

certificate shall be prima facie evidence of all the facts stated therein.

      3.  If the certificate recommends that the

witness be taken into immediate custody and delivered to an officer of the

requesting state to assure the witness’s attendance in the requesting state,

such judge may, in lieu of notification of the hearing, direct that such

witness be forthwith brought before the judge for hearings; and the judge at

the hearing being satisfied of the desirability of such custody and delivery,

for which determination the certificate shall be prima facie proof of such

desirability, may, in lieu of issuing subpoena or summons, order that the

witness be forthwith taken into custody and delivered to an officer of the

requesting state.

      4.  If the witness, who is summoned as

above provided, after being paid or tendered by some properly authorized person

the amount required by NRS 50.225 for

subsistence and travel expenses, fails without good cause to attend and testify

as directed in the summons, the witness shall be punished in the manner

provided for the punishment of any witness who disobeys a summons issued from a

court of record in this State.

      (Added to NRS by 1967, 1421; A 1987, 550)

      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 commence, in this State, is a material witness in a prosecution

pending in a court of record in this State, or in a grand jury investigation

which has commenced or is about to commence, a judge of such a court may issue

a certificate under the seal of the court stating these facts and specifying

the number of days the witness will be required. The certificate may include a

recommendation that the witness be taken into immediate custody and delivered

to an officer of this State to ensure the witness’s attendance in this State.

This certificate must be presented to a judge of a court of record in the

county in which the witness is found.

      2.  If the witness is summoned to attend

and testify in this State the witness is entitled to receive the amount

required by NRS 50.225 for subsistence

and travel expenses. A witness who has appeared in accordance with the

provisions of the summons shall not be required to remain within this State a

longer period of time than the period mentioned in the certificate unless

otherwise ordered by the court. If such witness, after coming into this State,

fails without good cause to attend and testify as directed in the summons, the

witness shall be punished in the manner provided for the punishment of any

witness who disobeys a summons issued from a court of record in this State.

      (Added to NRS by 1967, 1422; A 1987, 551)

      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 of process, civil or criminal, in connection with matters

which arose before the person’s entrance into this state under the summons.

      2.  If a person passes through this state

while going to another state in obedience to a summons to attend and testify in

that state or while returning therefrom, the person shall not while so passing

through this state be subject to arrest or the service of process, civil or

criminal, in connection with matters which arose before the person’s entrance

into this state under the summons.

      (Added to NRS by 1967, 1423)

      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 pending, on application of the defendant or state, on the ground that a fair

and impartial trial cannot be had in the county where the indictment,

information or complaint is pending.

      2.  An application for removal of a

criminal action shall not be granted by the court until after the voir dire

examination has been conducted and it is apparent to the court that the

selection of a fair and impartial jury cannot be had in the county where the

indictment, information or complaint is pending.

      3.  An order in a criminal action changing

or refusing to change the place of trial is appealable only on appeal from the

final judgment.

      (Added to NRS by 1967, 1423; A 1969, 378; 1981, 1707)

      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 be served on the adverse

party, at least 1 day prior to the hearing of the application.

      2.  The application may be supported or

opposed by other affidavits or other evidence, or other witnesses may be

examined in open court.

      3.  Whenever the affidavit of the defendant

shows that the defendant cannot safely appear in person to make such

application, because popular prejudice is so great as to endanger the

defendant’s personal safety, and such statement is sustained by other testimony,

such application may be made by the defendant’s attorney and must be heard and

determined in the absence of the defendant, notwithstanding the charge then

pending against the defendant be a felony, and the defendant has not, at the

time of such application, been arrested or given bail, or been arraigned, or

pleaded to the indictment or information.

      (Added to NRS by 1967, 1423)

      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, 1423)

      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 proceedings in the action, including the undertakings for the appearance

of the defendant and of the witnesses.

      (Added to NRS by 1967, 1423)

      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 of the county to which the action is removed.

      (Added to NRS by 1967, 1423)

      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 pleadings or other papers before such court, the court from which

the action is removed must, at any time, on the application of the district

attorney or the defendant, order such papers or pleadings to be transmitted by

the clerk, a certified copy thereof being retained.

      (Added to NRS by 1967, 1424)

TIME OF TRIAL

      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 prepare a defense; or

      2.  The number of other cases pending in

the court prohibits the acceptance of the case for trial within that time.

      (Added to NRS by 1983, 1670)

      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 sufficient cause shown by

either party by affidavit, direct the trial to be postponed to another day. In

all cases where a continuance is granted upon the application of either party

the court may require, as a condition of granting such continuance, that the

party applying therefor consent to taking, forthwith, or at any time to be

fixed by the court, of the deposition of any witness summoned by the opposite

party whose deposition has not previously been taken.

      2.  The court also may require all

witnesses to enter into undertakings in such sum as the court may order, with

or without sureties, to appear and testify on the day to which the case may be

continued, but any witness who is unable to procure sureties for the witness’s

attendance may be discharged on the witness’s own recognizance, upon giving a

deposition in the manner prescribed in NRS 174.175

and 174.205.

      3.  If the trial involves acts committed

against a child less than 16 years of age or involving acts witnessed by a

child less than 16 years of age, the court may consider any adverse effect a

continuance or other postponement might have upon the mental or emotional

health or well-being of the child. The court may deny a continuance or other

postponement if the delay will adversely affect the mental or emotional health

or well-being of the child.

      (Added to NRS by 1967, 1424; A 1989, 588; 1995, 400)

      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 child less than 16 years of age, the prosecuting attorney shall

request the court, in its discretion, to give preference in setting a date for

the trial of the defendant. In making a ruling, the court may consider the

effect a delay in the commencement of the trial might have on the mental or

emotional health or well-being of the child.

      (Added to NRS by 1995, 400; A 1997, 511)