reglab/housing_qa huggingface dataset:
NV Rev Stat § 412.336 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.336 - Trial counsel and defense counsel.

  1. For each general and special court-martial the authority convening the court shall request the State Judge Advocate to detail trial and defense counsel and such assistants as he or she considers appropriate.  2. No person who has acted as investigating officer, military judge or court member may thereafter act as trial counsel or assistant trial counsel in the same case.  3. Unless requested by the accused, no person who has acted as investigating officer, military judge or court member may thereafter act as defense counsel or assistant defense counsel in the same case.  4. No person who has acted for the prosecution may thereafter act for the defense in the same case; nor may any person who has acted for the defense act for the prosecution in the same case.  5. Counsel for general and special courts-martial shall be a member of the bar of the highest court of a state or of a federal court.  6. Except as otherwise provided in subsection 7, trial counsel or defense counsel detailed for a general or special court-martial must be a judge advocate, and trial counsel must be a member in good standing of the State Bar of Nevada.  7. In the instance when defense counsel is not a member of the State Bar of Nevada, the defense counsel must be deemed admitted pro hac vice, subject to filing a certificate with the military judge setting forth the qualifications that counsel is:  (a) A commissioned officer of the Armed Forces of the United States or a component thereof;  (b) A member in good standing of the bar of the highest court of his or her state; and  (c) Certified as a judge advocate in the Judge Advocate General’s Corps of the Army, Air Force, Navy or the Marine Corps; or  (d) A judge advocate as defined in this Code.  (Added to NRS by 1967, 1318; A 1973, 142; 1975, 78; 2013, 1122)
NV Rev Stat § 412.338 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.338 - Court reporter and interpreter.

Under Office regulations, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court. Under like regulations the convening authority of a military court may detail or employ interpreters who shall interpret for the court.  (Added to NRS by 1967, 1318; A 1993, 1610)
NV Rev Stat § 412.342 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.342 - Absence or excusal of member of court-martial; detailing of additional members or judge; effect of new members or judge on trial.

  1. No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused unless:  (a) Excused as a result of a challenge;  (b) Excused by the military judge for physical disability; or   (c) By order of the convening authority for good cause.  2. Whenever a general court-martial, other than a general court-martial composed of a military judge only, is reduced below five members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than five members. When the new members have been sworn, the trial may proceed after the recorded testimony of each witness previously examined has been read to the court in the presence of the military judge, the accused and counsel.  3. Whenever a special court-martial is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. When the new members have been sworn, the trial shall proceed as if no evidence has previously been introduced, unless a verbatim record of the testimony of previously examined witnesses or a stipulation thereof is read to the court in the presence of the accused and counsel.  4. If the military judge of a court-martial composed of a military judge only is unable to proceed with trial because of physical disability, as a result of a challenge or for other good cause, the trial will proceed, subject to any applicable conditions of NRS 412.334, after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused and counsel for both sides.  (Added to NRS by 1967, 1319; A 1973, 134; 2013, 1122)
NV Rev Stat § 412.344 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.344 - Charges and specifications.

  1. Charges and specifications shall be signed by a person subject to this Code under oath before a person authorized by this Code to administer oaths and shall state:  (a) That the signer has personal knowledge of, or has investigated, the matters set forth therein; and  (b) That they are true in fact to the best of his or her knowledge and belief.  2. Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against him or her as soon as practicable.  (Added to NRS by 1967, 1319)
NV Rev Stat § 412.346 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.346 - Compulsory self-incrimination and immaterial, degrading, coerced or unlawfully obtained evidence prohibited; accused must be informed of his or her rights.

  1. No person subject to this Code may compel any person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate him or her.  2. No person subject to this Code may interrogate, or request any statement from, an accused or a person suspected of an offense without first:  (a) Informing him or her of the nature of the accusation;  (b) Advising him or her that he or she does not have to make any statement regarding the offense of which he or she is accused or suspected and that any statement made by him or her may be used as evidence against him or her in a trial by court-martial; and  (c) Advising him or her that he or she has a right to consult with a lawyer, that he or she has a right to have a lawyer present during questioning, that he or she has a right to be represented by a lawyer and that upon his or her request, one will be provided him or her without cost, or, if he or she prefers, he or she may retain counsel of his or her choice, at his or her own expense.  3. No person subject to this Code may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him or her.  4. No statement obtained from any person in violation of this section, or through the use of coercion, unlawful influence or unlawful inducement may be received in evidence against him or her in a trial by court-martial.  (Added to NRS by 1967, 1319; A 1973, 295)
NV Rev Stat § 412.348 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.348 - Investigation: Procedure; rights of accused; uncharged offenses.

  1. No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline.  2. The accused shall be advised of the charges against him or her and of his or her right to be represented at that investigation by counsel. Upon his or her own request he or she shall be represented by civilian counsel if provided by him or her, or military counsel of his or her own selection if such counsel is reasonably available, or by counsel detailed by the officer exercising general court-martial jurisdiction over the command. At that investigation full opportunity shall be given to the accused to cross-examine witnesses against him or her if they are available and to present anything he or she may desire in his or her own behalf, either in defense or mitigation, and the investigating officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.  3. If an investigation of the subject matter of an offense has been conducted before the accused is charged with an offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination and presentation prescribed in subsection 2, no further investigation of that charge is necessary under this section unless it is demanded by the accused after he or she is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his or her own behalf.  4. If evidence adduced in an investigation under this section indicates that the accused committed an uncharged offense, the investigating officer may investigate the subject matter of that offense without the accused having first been charged with the offense if the accused is:  (a) Present at the investigation;  (b) Informed of the nature of each uncharged offense investigated; and  (c) Afforded the opportunities for representation, cross-examination and presentation prescribed in subsection 2.  5. The requirements of this section are binding on all persons administering this Code but failure to follow them does not divest a military court of jurisdiction.  (Added to NRS by 1967, 1319; A 2013, 1123)
NV Rev Stat § 412.352 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.352 - Forwarding of charges to Governor.

When a person is held for trial by general court-martial the commanding officer shall, within 8 days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the Governor. If that is not practicable, the commanding officer shall report in writing to the Governor the reasons for delay.  (Added to NRS by 1967, 1320)
NV Rev Stat § 412.354 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.354 - Advice of State Judge Advocate; reference for trial; formal correction of charges.

  1. Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the State Judge Advocate for consideration and advice. The convening authority may not refer a specification under a charge to a general court-martial for trial unless the convening authority has been advised in writing by a judge advocate that:  (a) The specification alleges an offense under this Code;  (b) The specification is warranted by evidence indicated in the report of the investigation, if there is such a report; and  (c) A court-martial would have jurisdiction over the accused and the offense.  2. If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence, may be made.  3. The advice of the State Judge Advocate pursuant to subsection 1, with respect to a specification under a charge, must include a written and signed statement by the judge advocate:  (a) Expressing conclusions with respect to each matter set forth in subsection 1; and  (b) Recommending action that the convening authority take regarding the specification. If the specification is referred for trial, the recommendation of the judge advocate must accompany the specification.  (Added to NRS by 1967, 1320; A 2013, 1124)
NV Rev Stat § 412.356 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.356 - Service of charges.

The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. In time of peace no person may, against his or her objection, be brought to trial before a general court-martial within a period of 5 days after the service of the charges upon the person, or before a special court-martial within a period of 3 days after the service of the charges upon the person.  (Added to NRS by 1967, 1320)
NV Rev Stat § 412.358 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.358 - Procedural regulations.

Pretrial, trial and posttrial procedures, including modes of proof, for cases before courts-martial arising under this Code and for courts of inquiry, may be prescribed by the Governor or the Adjutant General by regulations, or as otherwise provided by law. The regulations prescribed under this section must apply the principles of law and the rules of evidence generally recognized in military criminal cases in the courts of the Armed Forces of the United States and must not be contrary to or inconsistent with this Code.  (Added to NRS by 1967, 1321; A 1993, 1610; 2013, 1124)
NV Rev Stat § 412.362 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.362 - Unlawfully influencing action of court.

  1. Except as otherwise provided in subsection 2, no authority convening a general, special or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand or admonish the court or any member, law officer or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its, his or her functions in the conduct of the proceeding. No person subject to this Code may attempt to coerce or, by any unauthorized means, influence the action of the court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving or reviewing authority with respect to his or her judicial acts.  2. Subsection 1 does not apply with respect to:  (a) General instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial; or  (b) To statements and instructions given in open court by the military judge, summary court-martial officer or counsel.  3. In the preparation of an effectiveness, fitness or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the state military forces is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the state military forces or in determining whether a member of the state military forces should be retained on active status, no person subject to this Code may, in preparing any such report:  (a) Consider or evaluate the performance of duty of any such member as a member of a court-martial or witness therein; or  (b) Give a less favorable rating or evaluation of any counsel of the accused because of zealous representation before a court-martial.  (Added to NRS by 1967, 1321; A 2013, 1125)
NV Rev Stat § 412.366 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.366 - Presence of members and parties at proceedings.

  1. At any time after the service of charges, which have been referred for trial to a court-martial composed of a military judge and members, the military judge may call the court into session without the presence of the members for:  (a) Hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;  (b) Hearing and ruling upon any matter which may be ruled upon by the military judge whether or not the matter is appropriate for later consideration or decision by the members of the court;  (c) Holding the arraignment and receiving the pleas of the accused; or  (d) Performing any other procedural function which may be performed by the military judge which does not require the presence of the members of the court. These proceedings shall be conducted in the presence of the accused, defense counsel and trial counsel and shall be made a part of the record.  2. The proceedings described in subsection 1 must be conducted in the presence of the accused, defense counsel and trial counsel and must be made a part of the record. Such proceedings are not required to adhere to the provisions of NRS 412.342.  3. Whenever a general or special court-martial deliberates or votes, only the members of the court may be present. All other proceedings, including any other consultation of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and the military judge.  (Added to NRS by 1967, 1321; A 1973, 134; 2013, 1126)
NV Rev Stat § 412.368 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.368 - Continuance.

The military judge may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.  (Added to NRS by 1967, 1322; A 1973, 135)
NV Rev Stat § 412.372 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.372 - Challenges of military judge and members.

  1. The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall be presented and decided before those by the accused are offered, unless justice dictates otherwise.  2. If exercise of a challenge for cause reduces the court below the minimum number of members required by NRS 412.304, all parties shall, notwithstanding NRS 412.342, either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court. However, peremptory challenges must not be exercised at that time.  3. Each accused and the trial counsel is entitled to one peremptory challenge, but the military judge may not be challenged except for cause.  4. If exercise of a peremptory challenge reduces the court below the minimum number of members required by NRS 412.304, the parties shall, notwithstanding NRS 412.342, either exercise or waive any remaining peremptory challenge not previously waived against the remaining members of the court before additional members are detailed to the court.  5. Whenever additional members are detailed to the court and after any challenges for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.  (Added to NRS by 1967, 1322; A 1973, 135; 2013, 1127)
NV Rev Stat § 412.374 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.374 - Oaths and affirmations.

  1. The military judge, interpreters, and in general and special courts-martial, members, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel and reporters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully.  2. The form of the oath or affirmation, the time and place of the taking thereof, the manner of recording the same and whether the oath or affirmation must be taken for all cases in which these duties are to be performed or for a particular case must be as prescribed in regulation or as provided by law. The regulations may provide that:  (a) An oath or affirmation to perform faithfully the duties of a military judge, trial counsel or defense counsel may be taken at any time by any judge advocate or other person certified or designated to be qualified or competent for the duty; and  (b) If such an oath or affirmation is taken, it need not again be taken at the time the judge advocate or other person is detailed to that duty.  3. Each witness before a military court shall be examined on oath or affirmation.  (Added to NRS by 1967, 1322; A 1973, 135; 2013, 1127)
NV Rev Stat § 412.378 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.378 - Double jeopardy.

  1. No person may, without his or her consent, be tried a second time in any military court of the State for the same offense.  2. No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.  3. A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this section.  (Added to NRS by 1967, 1322)
NV Rev Stat § 412.382 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.382 - Pleas of accused; effect of plea of guilty.

  1. If an accused arraigned before a court-martial makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty.  2. With respect to any charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may be entered immediately without vote. This finding constitutes the finding of the court unless the plea of guilty is withdrawn before the announcement of the sentence, in which event the proceedings must continue as though the accused had pleaded not guilty.  (Added to NRS by 1967, 1323; A 2013, 1129)
NV Rev Stat § 412.384 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.384 - Obtaining witnesses and evidence: Procedure; service of process.

  1. The trial counsel, the defense counsel and the court-martial must have equal opportunity to obtain witnesses, both civilian and military and other evidence in accordance with Office regulations.  2. The military judge or a summary court officer may:  (a) Issue a warrant for the arrest of any accused person who, having been served with a warrant and a copy of the charges, disobeys a written order by the convening authority to appear before the court;  (b) Issue subpoenas duces tecum and other subpoenas;  (c) Enforce by attachment the attendance of witnesses and the production of books and papers; and  (d) Sentence for refusal to be sworn or to answer, as provided in actions before civil courts of the State.  3. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence may run to any part of the State and may be executed by military personnel designated by the court-martial, or by civil officers as prescribed by the laws of the State of Nevada.  (Added to NRS by 1967, 1323; A 1973, 135; 1993, 1610)