Nrs: Chapter 169 - Preliminary Provisions

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Published: 2015

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[Rev. 2/10/2015 4:22:52




NRS 169.015           Short


NRS 169.025           Scope.

NRS 169.035           Purpose;


NRS 169.045           Definitions.

NRS 169.049           “Case

in chief of the defendant” defined.

NRS 169.055           “Criminal

action” defined.

NRS 169.065           “Defendant”


NRS 169.075           “District

attorney” defined.

NRS 169.085           “Law”


NRS 169.095           “Magistrate”


NRS 169.097           “Master”


NRS 169.105           “Month”


NRS 169.115           “Oath”


NRS 169.125           “Peace

officer” defined.

NRS 169.145           “Personal

property” defined.

NRS 169.155           “Property”


NRS 169.164           “Public

officer” defined.

NRS 169.175           “Real

property” defined.

NRS 169.185           “State”


NRS 169.195           “Trial”


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


      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


      (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


      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


      (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)