[Rev. 2/10/2015 4:22:52
PM--2014R2]
TITLE 14 - PROCEDURE IN CRIMINAL CASES
CHAPTER 169 - PRELIMINARY PROVISIONS
NRS 169.015 Short
title.
NRS 169.025 Scope.
NRS 169.035 Purpose;
construction.
NRS 169.045 Definitions.
NRS 169.049 “Case
in chief of the defendant” defined.
NRS 169.055 “Criminal
action” defined.
NRS 169.065 “Defendant”
defined.
NRS 169.075 “District
attorney” defined.
NRS 169.085 “Law”
defined.
NRS 169.095 “Magistrate”
defined.
NRS 169.097 “Master”
defined.
NRS 169.105 “Month”
defined.
NRS 169.115 “Oath”
defined.
NRS 169.125 “Peace
officer” defined.
NRS 169.145 “Personal
property” defined.
NRS 169.155 “Property”
defined.
NRS 169.164 “Public
officer” defined.
NRS 169.175 “Real
property” defined.
NRS 169.185 “State”
defined.
NRS 169.195 “Trial”
defined.
NRS 169.205 “United
States” defined.
NRS 169.215 Interpretation.
NRS 169.225 Signature
by mark.
NRS 169.235 Superseding
of criminal law no bar to punishment unless specifically expressed.
NRS 169.245 Bonds
and undertakings in criminal actions or proceedings: Approval by clerk.
_________
NRS 169.015 Short title. This
title may be known and cited as the Nevada Criminal Procedure Law.
(Added to NRS by 1967, 1398)
NRS 169.025 Scope.
1. This title governs the procedure in the
courts of the State of Nevada and before magistrates in all criminal
proceedings.
2. Except as otherwise provided in NRS 62C.330, this title does not apply
to proceedings against children conducted pursuant to title 5 of NRS.
(Added to NRS by 1967, 1398; A 1981, 1195; 2003, 1118)
NRS 169.035 Purpose; construction. This
title is intended to provide for the just determination of every criminal
proceeding. Its provisions shall be construed to secure simplicity in
procedure, fairness in administration and the elimination of unjustifiable
expense and delay.
(Added to NRS by 1967, 1398)
NRS 169.045 Definitions. As
used in this title, unless the context otherwise requires, the words and terms
defined in NRS 169.049 to 169.205,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1967, 1398; A 1977, 1571; 1997, 2364)
NRS 169.049 “Case in chief of the defendant” defined. “Case in chief of the defendant” means the
first opportunity of the defendant to present evidence after the close of the
case in chief of the State.
(Added to NRS by 1997, 2364)
NRS 169.055 “Criminal action” defined. “Criminal
action” means the proceedings by which a party charged with a public offense is
accused and brought to trial and punishment. A criminal action is prosecuted in
the name of the State of Nevada, as plaintiff.
(Added to NRS by 1967, 1398)
NRS 169.065 “Defendant” defined. “Defendant”
means the party prosecuted in a criminal action.
(Added to NRS by 1967, 1398)
NRS 169.075 “District attorney” defined. “District
attorney” includes any deputy district attorney.
(Added to NRS by 1967, 1398)
NRS 169.085 “Law” defined. “Law”
includes statutes and judicial decisions.
(Added to NRS by 1967, 1398)
NRS 169.095 “Magistrate” defined. “Magistrate”
means an officer having power to issue a warrant for the arrest of a person
charged with a public offense and includes:
1. Justices of the Supreme Court;
2. Judges of the Court of Appeals;
3. Judges of the district courts;
4. Justices of the peace;
5. Municipal judges; and
6. Others upon whom are conferred by law
the powers of a justice of the peace in criminal cases.
(Added to NRS by 1967, 1398; A 1983, 901; 2013, 1752)
NRS 169.097 “Master” defined. “Master”
means a person appointed by the district court to inform defendants of their
rights, assign counsel for indigent defendants and perform other similar
administrative duties assigned by the court.
(Added to NRS by 1977, 1570)
NRS 169.105 “Month” defined. “Month”
means a calendar month unless otherwise expressed.
(Added to NRS by 1967, 1398)
NRS 169.115 “Oath” defined. “Oath”
includes an affirmation.
(Added to NRS by 1967, 1398)
NRS 169.125 “Peace officer” defined. “Peace
officer” includes any person upon whom some or all of the powers of a peace
officer are conferred pursuant to NRS
289.150 to 289.360, inclusive.
(Added to NRS by 1967, 1398; A 1969, 55, 1130, 1423;
1971, 255, 2077; 1973, 89, 922, 1583; 1975, 112, 989, 1344; 1977, 858, 1120, 1441; 1979, 127, 280, 902; 1981, 330, 1104, 2008; 1983, 854, 1242; 1985, 246; 1989, 889, 968; 1993, 2527)
NRS 169.145 “Personal property” defined. “Personal
property” includes money, goods, chattels, things in action and evidences of
debt.
(Added to NRS by 1967, 1399)
NRS 169.155 “Property” defined. “Property”
includes both real and personal property.
(Added to NRS by 1967, 1399)
NRS 169.164 “Public officer” defined. “Public
officer” means a person elected or appointed to a position which:
1. Is established by the constitution or a
statute of this State, or by a charter or ordinance of a political subdivision
of this State; and
2. Involves the continuous exercise, as
part of the regular and permanent administration of the government, of a public
power, trust or duty.
(Added to NRS by 1967, 1399)
NRS 169.175 “Real property” defined. “Real
property” is coextensive with lands, tenements and hereditaments.
(Added to NRS by 1967, 1399)
NRS 169.185 “State” defined. “State,”
when applied to the different parts of the United States, includes the District
of Columbia and the territories.
(Added to NRS by 1967, 1399)
NRS 169.195 “Trial” defined.
1. “Trial” means that portion of a
criminal action which:
(a) If a jury is used, begins with the impaneling
of the jury and ends with the return of the verdict, both inclusive.
(b) If no jury is used, begins with the opening
statement, or if there is no opening statement, when the first witness is
sworn, and ends with the closing argument or upon submission of the cause to
the court without argument, both inclusive.
2. “Trial” does not include any proceeding
had upon a plea of guilty or guilty but mentally ill to determine the degree of
guilt or to fix the punishment.
(Added to NRS by 1967, 1399; A 1995, 2448; 2003, 1456; 2007, 1404)
NRS 169.205 “United States” defined. “United
States” may include the District of Columbia, Puerto Rico, territories or
insular possessions.
(Added to NRS by 1967, 1399)
NRS 169.215 Interpretation.
1. Writing includes printing and
typewriting.
2. Every mode of oral statement, under
oath or affirmation, is embraced by the term “testify,” and every written one
in the term “depose.”
(Added to NRS by 1967, 1399; A 1977, 186)
NRS 169.225 Signature by mark. When
a signature of a person is required by this title, the mark of a person, if the
person cannot write, shall be deemed sufficient, the name of the person making
the mark being written near it, and the mark being witnessed by a person who
writes his or her own name as a witness.
(Added to NRS by 1967, 1399)
NRS 169.235 Superseding of criminal law no bar to punishment unless
specifically expressed. The
superseding of any law creating a criminal offense shall not be held to
constitute a bar to the prosecution and punishment of a crime already
committed, or to bar the trial and punishment of a crime where a prosecution
has been already begun, for a violation of the law so superseded, unless the
intention to bar such prosecution and punishment, or trial and punishment where
a prosecution has been already begun is expressly declared in the superseding
act.
(Added to NRS by 1967, 1399)
NRS 169.245 Bonds and undertakings in criminal actions or proceedings:
Approval by clerk.
1. In all criminal actions or proceedings
where a bond or other undertaking is required by the provisions of this title
or by the Nevada Rules of Civil Procedure or the Nevada Rules of Appellate
Procedure, the bond or undertaking shall be presented to the clerk, of the
court in which the action or proceeding is pending, for the clerk’s approval
before being filed or deposited.
2. The clerk of the court may refuse
approval of a surety for any bond or other undertaking if a power of
attorney-in-fact, which covers the agent whose signature appears on the bond or
other undertaking, is not on file with the clerk of the court.
(Added to NRS by 1975, 1196)
