Nrs: Chapter 16 - Date Of Trial; Trial By Jury; Masters

Link to law: https://www.leg.state.nv.us/NRS/NRS-016.html
Published: 2015

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[Rev. 2/10/2015 3:57:34

PM--2014R2]

CHAPTER 16 - DATE OF TRIAL; TRIAL BY JURY;

MASTERS

DATE OF TRIAL

NRS 16.010             Motion

to postpone trial on ground of absence of evidence.

NRS 16.020             Depositions

of witnesses in case of postponement; actions involving title to mining claims.

NRS 16.025             Preferences

in setting date for trial: Party 70 years of age or older; party seriously ill;

defendant convicted of crime punishable as felony.

TRIAL BY JURY

NRS 16.030             Drawing

and examination of jurors; administration of oath or affirmation.

NRS 16.040             Challenges

to jurors; peremptory challenges.

NRS 16.050             Grounds

for challenges for cause.

NRS 16.060             Challenges

for cause tried by court.

NRS 16.070             Jury

to be sworn; court may order jury into custody of officer.

NRS 16.080             Discharge

and replacement of jurors who become unable or disqualified to perform duties.

NRS 16.090             Order

of proceedings after jury has been sworn.

NRS 16.100             Jury

may view property or premises.

NRS 16.110             Instructions

to jury.

NRS 16.120             Deliberation

of jury: How and where conducted.

NRS 16.130             Jury

may take papers, materials and notes of testimony when retiring for

deliberation.

NRS 16.140             Jury

may come into court for further instructions.

NRS 16.150             Action

may be tried again when jury discharged or prevented from giving verdict.

NRS 16.160             Court

may adjourn from time to time while jury absent; sealed verdict.

NRS 16.170             Verdict

of jury.

NRS 16.180             Proceedings

when verdict informal.

NRS 16.190             Polling

jury; recording verdict and discharging jury.

MASTERS

NRS 16.200             Two

of three masters may act.

_________

_________

DATE OF TRIAL

      NRS 16.010  Motion to postpone trial on ground of absence of evidence.  A motion to postpone a trial, on the ground of

the absence of evidence, shall only be made upon affidavit showing the

materiality of the evidence expected to be obtained, and that due diligence has

been used to procure it. The court may also require the moving party to state

upon affidavit the evidence which the moving party expects to obtain; and if

the adverse party thereupon admit that such evidence would be given and that it

be considered as actually given on the trial, or offered and overruled as

improper, the trial shall not be postponed.

      [1911 CPA § 260; RL § 5202; NCL § 8758]

      NRS 16.020  Depositions of witnesses in case of postponement; actions

involving title to mining claims.

      1.  The party obtaining the postponement of

a trial shall also, if required by the adverse party, consent that the

testimony of any witness of such adverse party who is in attendance be then

taken by deposition before a judge or clerk of the court in which the case is

pending, or before such notary public as the court may indicate, which shall

accordingly be done, and the testimony so taken may be read on the trial, with

the same effect, and subject to the same objections, as if the witness were

produced.

      2.  In actions involving the title to

mining claims, if it be made to appear to the satisfaction of the court that in

order that justice may be done, and the action fairly tried on its real merits,

it is necessary that further development should be made, and that the party

applying has been guilty of no laches and is acting in good faith, the court

shall grant the postponement of the trial of the action, giving the party a

reasonable time in which to prepare for trial. And in granting such

postponement, the court may, in its discretion, annex as a condition thereto an

order that the party obtaining such postponement shall not, pending the trial

of the action, remove from the premises in controversy any valuable earth or

ore, and for any violation of an order so made, the court or the judge thereof

may punish for contempt, as in the cases of violation of an order of

injunction, and may also vacate the order of postponement.

      [1911 CPA § 261; RL § 5203; NCL § 8759]

      NRS 16.025  Preferences in setting date for trial: Party 70 years of age or

older; party seriously ill; defendant convicted of crime punishable as felony.

      1.  Upon the motion of a party to an action

who is 70 years of age or older, the court may give preference in setting a

date for the trial of the action, unless the court finds that the party does

not have a substantial interest in the case as a whole.

      2.  A court may grant a motion for

preference in setting a date for the trial of an action if the court determines

that based upon clear and convincing medical evidence, a party to the action

suffers from an illness or condition which raises a substantial medical doubt

that the party will survive for more than 6 months, and the court determines

that the interests of justice would be served by granting the motion.

      3.  If a motion for preference is granted

pursuant to subsection 1 or 2:

      (a) The court shall set a date for the trial of

the action that is not more than 120 days after the hearing on the motion; and

      (b) The court shall not continue the date for the

trial of the action beyond 120 days after the hearing on the motion, except for

the physical disability of a party or attorney in the action, or for other good

cause entered on the record.

      4.  If the plaintiff in an action seeks to

recover damages allegedly caused by a defendant during the commission of acts

for which the defendant is convicted of a crime punishable as a felony, the

court may, upon the motion of the plaintiff, give preference in setting a date

for the trial of the action. If the motion is granted, the trial of the action

must, unless the court deems it infeasible, be held not more than 120 days

after the hearing on the motion.

      (Added to NRS by 1987, 784)

TRIAL BY JURY

      NRS 16.030  Drawing and examination of jurors; administration of oath or

affirmation.

      1.  Except when the jurors are drawn by a

jury commissioner, in preparing for the selection of the jury, the clerk, under

the direction of the judge, shall place in a box ballots containing the names

of the persons summoned who have appeared and have not been excused. The clerk

shall mix the ballots and draw from the box the number of names needed to

complete the jury in accordance with the procedure provided either in

subsection 3 or subsection 4, as the judge directs.

      2.  Whenever the jurors are drawn by the

jury commissioner, the judge may also direct the jury commissioner to draw, in

advance, the names of additional jurors in the order they would be used to

replace discharged or excused jurors pursuant to subsections 3 and 4.

      3.  The judge may require that eight names

be drawn, and the persons whose names are called must be examined as to their

qualifications to serve as jurors. If any persons are excused or discharged, or

if the ballots are exhausted before the jury is selected, additional names

shall be drawn from the jury box and those persons summoned and examined as

provided by law until the jury is selected.

      4.  The judge may require that the clerk

draw a number of names to form a panel of prospective jurors equal to the sum

of the number of regular jurors and alternate jurors to be selected and the

number of peremptory challenges to be exercised. The persons whose names are

called must be examined as to their qualifications to serve as jurors. If any

persons on the panel are excused for cause, they must be replaced by additional

persons who must also be examined as to their qualifications. The jury must

consist of eight persons, unless the parties consent to a lesser number. The

parties may consent to any number not less than four. This consent must be

entered by the clerk in the minutes of the trial. When a sufficient number of

prospective jurors has been qualified to complete the panel, each side shall

exercise its peremptory challenges out of the hearing of the panel by

alternately striking names from the list of persons on the panel. After the

peremptory challenges have been exercised, the persons remaining on the panel

who are needed to complete the jury shall, in the order in which their names

were drawn, be regular jurors or alternate jurors.

      5.  Before persons whose names have been

drawn are examined as to their qualifications to serve as jurors, the judge or

the judge’s clerk shall administer an oath or affirmation to them in

substantially the following form:

 

       Do you, and each of you,

(solemnly swear, or affirm under the pains and penalties of perjury) that you

will well and truly answer all questions put to you touching upon your

qualifications to serve as jurors in the case now pending before this court (so

help you God)?

 

      6.  The judge shall conduct the initial

examination of prospective jurors and the parties or their attorneys are

entitled to conduct supplemental examinations which must not be unreasonably

restricted.

      [1911 CPA § 262; RL § 5204; NCL § 8760]—(NRS A 1971,

344; 1977, 417;

1979, 917; 1981, 329, 556)

      NRS 16.040  Challenges to jurors; peremptory challenges.

      1.  Either party may challenge the jurors.

The challenges must be to individual jurors and be peremptory or for cause.

Each side is entitled to four peremptory challenges.

      2.  If there are two or more parties on any

side and their interests are diverse, the court may allow additional peremptory

challenges, but not more than four, to the side with the multiple parties. If

the multiple parties on a side are unable to agree upon the allocation of their

additional peremptory challenges, the court shall make the allocation.

      [1911 CPA § 263; RL § 5205; NCL § 8761]—(NRS A 1977, 295; 1979, 66)

      NRS 16.050  Grounds for challenges for cause.

      1.  Challenges for cause may be taken on

one or more of the following grounds:

      (a) A want of any of the qualifications

prescribed by statute to render a person competent as a juror.

      (b) Consanguinity or affinity within the third

degree to either party.

      (c) Standing in the relation of debtor and

creditor, guardian and ward, master and servant, employer and clerk, or

principal and agent, to either party, being a member of the family of either

party or a partner, or united in business with either party, or being security

on any bond or obligation for either party.

      (d) Having served as a juror or been a witness on

a previous trial between the same parties for the same cause of action or being

then a witness therein.

      (e) Interest on the part of the juror in the

event of the action, or in the main question involved in the action, except the

interest of the juror as a member or citizen of a municipal corporation.

      (f) Having formed or expressed an unqualified

opinion or belief as to the merits of the action, or the main question involved

therein, but the reading of newspaper accounts of the subject matter before the

court shall not disqualify a juror either for bias or opinion.

      (g) The existence of a state of mind in the juror

evincing enmity against or bias to either party.

      2.  A challenge for cause for standing in

the relation of debtor and creditor when the party to an action is a public

utility as defined in NRS 704.020 may

be allowed only where the circumstances as determined by the court so warrant.

      [1911 CPA § 264; RL § 5206; NCL § 8762]—(NRS A 1967,

99)

      NRS 16.060  Challenges for cause tried by court.  Challenges

for cause shall be tried by the court. The juror challenged and any other

person may be examined as a witness on the trial of the challenge.

      [1911 CPA § 265; RL § 5207; NCL § 8763]

      NRS 16.070  Jury to be sworn; court may order jury into custody of officer.

      1.  As soon as the jury is completed, the

judge or the judge’s clerk shall administer an oath or affirmation to the

jurors in substantially the following form:

 

       Do you, and each of you,

(solemnly swear, or affirm under the pains and penalties of perjury) that you

will well and truly try the case now pending before this court and a true

verdict render according to the evidence given (so help you God)?

 

      2.  As soon as the alternate juror or

jurors are selected, the judge or the judge’s clerk shall administer an oath or

affirmation to them in substantially the following form:

 

       Do you, and each of you,

(solemnly swear, or affirm under the pains and penalties of perjury) that, if

required to replace a regular juror or jurors you will well and truly try the

case now pending before this court, and a true verdict render according to the

evidence given (so help you God)?

 

      3.  After the oath or affirmation has been

administered and the jury has been fully impaneled, the court may order the

jury into the custody of the sheriff or other officer selected by the court.

The jurors shall not be allowed to separate or depart from the custody of the

sheriff or other officer except by order of the court. The sheriff shall in

such cases, at the charge of the parties to action, prepare suitable and

comfortable accommodations and provide food for the jury pending the trial.

      [1911 CPA § 266; A 1937, 173; 1931 NCL § 8764]—(NRS A

1977, 300, 881)

      NRS 16.080  Discharge and replacement of jurors who become unable or

disqualified to perform duties.  After

the impaneling of the jury and before verdict, the court may discharge a juror

upon a showing of the juror’s sickness, a serious illness or death of a member

of the juror’s immediate family, an undue hardship, an extreme inconvenience,

any other inability to perform the juror’s duty or a public necessity.

Alternate jurors, in the order in which they were selected, shall replace

jurors who become unable or disqualified to perform their duties. If an

alternate juror is required to replace a regular juror after the jury has

retired to deliberate, the court shall recall the jury, seat the alternate and

resubmit the case to the jury. If no alternate juror has been selected, the

trial may proceed with the remaining jurors, only if the parties so agree. If

the parties do not so agree, the jury shall be discharged, and a new jury then

or afterwards impaneled.

      [1911 CPA § 267; RL § 5209; NCL § 8765]—(NRS A 1977, 300)

      NRS 16.090  Order of proceedings after jury has been sworn.  When the jury has been sworn, the trial must

proceed in the following order, unless the judge for special reasons otherwise

directs:

      1.  The pleadings may be read by counsel

for the respective parties, as they may prefer, or, if not so read, counsel for

the respective parties may state the issue during their opening statements. If

the pleadings are not read before jury voir dire, the court or either counsel,

as the court directs, may state the nature of the case to the jury and advise

the jurors of the witnesses whom each side proposes to call. After the jury has

been selected and sworn, counsel for the plaintiff and defendant, shall make

opening statements if they desire.

      2.  The plaintiff and defendant shall then

each offer the evidence upon his or her part.

      3.  The parties may then respectively offer

rebutting evidence only, unless the court for good reason, in furtherance of

justice, permits them to offer evidence upon their original case.

      4.  When the evidence is concluded, unless

the case is submitted to the jury by either or both sides without argument, the

plaintiff must commence and may conclude the argument.

      5.  If several plaintiffs or defendants,

having separate claims or defenses, appear by different counsel, the court

shall determine their relative order in the evidence and argument.

      6.  The court shall settle and give the

instructions to the jury before the argument begins, but this does not prevent

the giving of further instructions which may become necessary by reason of the

argument.

      [1911 CPA § 268; RL § 5210; NCL § 8766]—(NRS A 1977, 301)

      NRS 16.100  Jury may view property or premises.  When,

in the opinion of the court, it is proper for the jury to have a view of the

property which is the subject of litigation, or of the place in which any

material fact occurred, it may order them to be conducted, in a body, under the

charge of an officer, to the place, which shall be shown to them by some person

appointed by the court for that purpose. While the jury are thus absent, no

person, other than the person so appointed, shall speak to them on any subject

connected with the trial.

      [1911 CPA § 269; RL § 5211; NCL § 8767]

      NRS 16.110  Instructions to jury.

      1.  The court shall reduce to writing the

instructions to be given to the jury, unless the parties agree otherwise, and

shall read such instructions to the jury. The court shall give instructions

only as to the law of the case. An original and one copy of each instruction

requested by any party shall be tendered to the court. The copies shall be

numbered and indicate who tendered them. Copies of instructions given on the

court’s own motion or modified by the court shall be so identified. When

requested instructions are refused, the judge shall write on the margin of the

original the word “refused” and initial or sign the notation. The instructions

given to the jury shall be firmly bound together and the judge shall write the

word “given” at the conclusion thereof and sign the last of the instructions to

signify that all have been given. After the instructions are given, the judge

shall not clarify, modify or in any manner explain them to the jury except in

writing unless the parties agree to oral instructions.

      2.  After the jury has reached a verdict

and been discharged, the originals of all instructions, whether given, modified

or refused, shall be preserved by the clerk as part of the proceedings.

      3.  Conferences with counsel to settle

instructions may be held in chambers at the option of the court. In any event,

conferences on instructions must be out of the presence of the jury.

      [1911 CPA § 270; RL § 5212; NCL § 8768]—(NRS A 1977, 302)

      NRS 16.120  Deliberation of jury: How and where conducted.

      1.  After hearing the charge, the jury

shall retire for deliberation until they agree upon their verdict or are

discharged by the court and must be kept together in a room provided for them,

under charge of one or more officers, unless at the discretion of the court

they are permitted to depart for home overnight. When the jury is kept

together, the officer in charge shall keep the jury separate from other

persons. The officer shall not permit any communication to them, or make any

himself or herself, unless by order of the court, except to ask them if they

have agreed upon their verdict. The officer shall not, before the verdict is

rendered, communicate to any person the state of their deliberations or the

verdict agreed upon.

      2.  Each party to the action may appoint

one or more persons, one of whom on each side is entitled to remain with the

officer in charge of the jury, and to be present at all times when any

communication is had with any member of the jury except when they are permitted

to depart for home overnight, and no communication, either oral or written, may

be made to or received from any of the jurors while they are kept together,

except in the presence of and hearing of persons selected by the parties; and

in case of a written communication, it must not be delivered until read by

them.

      3.  At each adjournment of the court,

whether the jurors are permitted to depart for home overnight or are kept in

charge of officers, they must be admonished by the judge or another officer of

the court that it is their duty not to:

      (a) Communicate among themselves or with any

other person concerning their deliberations or any other subject connected with

the trial; or

      (b) Read, watch or listen to any report of or

commentary on the trial or any person connected with the trial by any medium of

information, including without limitation newspapers, television and radio.

      [1911 CPA § 271; RL § 5213; NCL § 8769]—(NRS A 1977, 302, 882; 1981, 317)

      NRS 16.130  Jury may take papers, materials and notes of testimony when

retiring for deliberation.  Upon

retiring for deliberation the jury may take with them all papers, except

depositions, and all other items and materials which have been received as

evidence in the cause, or copies of any such papers as ought not, in the

opinion of the court, to be taken from the person having them in possession;

and they may also take with them notes of the testimony, or other proceedings

on the trial, taken by themselves or any of them, but none taken by any other

person.

      [1911 CPA § 272; RL § 5214; NCL § 8770]—(NRS A 1963,

60)

      NRS 16.140  Jury may come into court for further instructions.  After the jury has retired for deliberation,

if there is a disagreement among them as to any part of the testimony, or if

they desire to be informed of any point of law arising in the cause, they may

require the officer to conduct them into court. Upon their being brought into

court, the court may order the court reporter to read the portion of the

testimony which they request, or any part thereof, and the court may provide

any information requested on the law. This shall be in the presence of or after

notice to the parties or counsel.

      [1911 CPA § 273; RL § 5215; NCL § 8771]—(NRS A 1977, 303)

      NRS 16.150  Action may be tried again when jury discharged or prevented from

giving verdict.  In all cases where

a jury are discharged, or prevented from giving a verdict by reason of accident

or other cause during the progress of the trial, or after the cause is

submitted to them, the action may be again tried, immediately or at a future

time, as the court shall direct.

      [1911 CPA § 274; RL § 5216; NCL § 8772]

      NRS 16.160  Court may adjourn from time to time while jury absent; sealed

verdict.  While the jury are absent

the court may adjourn from time to time in respect to other business, but it

shall, nevertheless, be deemed open for every purpose connected with the cause

submitted to the jury until a verdict is rendered or the jury discharged. The

court may direct the jury to bring in a sealed verdict at the opening of the

court, in case of an agreement during a recess or adjournment for the day.

      [1911 CPA § 275; RL § 5217; NCL § 8773]

      NRS 16.170  Verdict of jury.  When

a jury has agreed upon its verdict, the jurors shall be conducted into court by

the officer having them in charge; they shall be asked by the court, or clerk,

whether they have agreed upon their verdict; and if the foreman answers in the

affirmative, the verdict shall be delivered to the court who shall examine it.

      [1911 CPA § 276; RL § 5218; NCL § 8774]—(NRS A 1977, 303)

      NRS 16.180  Proceedings when verdict informal.  If

the verdict be informal or insufficient in not covering the whole issue or

issues submitted, the verdict may be corrected by the jury, under the advice of

the court, or the jury may again be sent out.

      [1911 CPA § 277; RL § 5219; NCL § 8775]

      NRS 16.190  Polling jury; recording verdict and discharging jury.  When the verdict is given and is not informal

or insufficient, the jury foreman or the clerk shall read it aloud. If the

verdict is general, any party may request that the jury be polled. If a poll is

requested, the clerk shall call the names of the jurors and ask each “Is this

your verdict as read?” If more than one-fourth of the jurors disagree, the jury

shall be again sent out; but if no disagreement is expressed, the clerk shall

fully record the verdict in the minutes, the verdict is complete and the jury

shall be discharged from the case.

      [1911 CPA § 278; RL § 5220; NCL § 8776]—(NRS A 1977, 303)

MASTERS

      NRS 16.200  Two of three masters may act.  When

there are three masters all shall meet, but two of them may do any act which

might be done by all.

      [Part 1911 CPA § 546; RL § 5488; NCL § 9035]