reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.590 - Factors for determining whether to permit alternative method.

If the presiding officer determines that a standard pursuant to NRS 50.580 has been met, the presiding officer shall determine whether to allow a child witness to testify by an alternative method. In making this determination, the presiding officer shall consider:
1. Alternative methods reasonably available;
2. Available means for protecting the interests of or reducing emotional trauma to the child without resorting to an alternative method;
3. The nature of the case;
4. The relative rights of the parties;
5. The importance of the proposed testimony of the child;
6. The nature and degree of emotional trauma that the child may suffer if an alternative method is not used; and
7. Any other relevant factor.
(Added to NRS by 2003, 989)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.600 - Order regarding testimony by alternative method.

1. An order allowing or disallowing a child witness to testify by an alternative method must state the findings of fact and conclusions of law that support the presiding officer’s determination.
2. An order allowing a child witness to testify by an alternative method must:
(a) State the method by which the child is to testify;
(b) List any natural person or category of natural person allowed to be in, or required to be excluded from, the presence of the child during the testimony;
(c) State any special conditions necessary to facilitate a party’s right to examine or cross-examine the child;
(d) State any condition or limitation upon the participation of natural persons present during the testimony of the child; and
(e) State any other condition necessary for taking or presenting the testimony.
3. The alternative method ordered by the presiding officer may be no more restrictive of the rights of the parties than is necessary under the circumstances to serve the purposes of the order.
(Added to NRS by 2003, 989)
2023 Nevada Revised Statutes › Chapter 51 - Hearsay › NRS 51.035 - "Hearsay" defined.

"Hearsay" means a statement offered in evidence to prove the truth of the matter asserted unless:
1. The statement is one made by a witness while testifying at the trial or hearing;
2. The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is:
(a) Inconsistent with the declarant’s testimony;
(b) Consistent with the declarant’s testimony and offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive;
(c) One of identification of a person made soon after perceiving the person; or
(d) A transcript of testimony given under oath at a trial or hearing or before a grand jury; or
3. The statement is offered against a party and is:
(a) The party’s own statement, in either the party’s individual or a representative capacity;
(b) A statement of which the party has manifested adoption or belief in its truth;
(c) A statement by a person authorized by the party to make a statement concerning the subject;
(d) A statement by the party’s agent or servant concerning a matter within the scope of the party’s agency or employment, made before the termination of the relationship; or
(e) A statement by a coconspirator of a party during the course and in furtherance of the conspiracy.
(Added to NRS by 1971, 793)
2023 Nevada Revised Statutes › Chapter 51 - Hearsay › NRS 51.055 - "Unavailable as a witness" defined.

1. A declarant is "unavailable as a witness" if the declarant is:
(a) Exempted by ruling of the judge on the ground of privilege from testifying concerning the subject matter of the declarant’s statement;
(b) Persistent in refusing to testify despite an order of the judge to do so;
(c) Unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity; or
(d) Absent from the hearing and beyond the jurisdiction of the court to compel appearance and the proponent of the declarant’s statement has exercised reasonable diligence but has been unable to procure the declarant’s attendance or to take the declarant’s deposition.
2. A declarant is not "unavailable as a witness" if the declarant’s exemption, refusal, inability or absence is due to the procurement or wrongdoing of the proponent of the declarant’s statement for the purpose of preventing the witness from attending or testifying.
(Added to NRS by 1971, 794)
2023 Nevada Revised Statutes › Chapter 51 - Hearsay › NRS 51.069 - Credibility of declarant.

1. When a hearsay statement has been admitted in evidence, the credibility of the declarant may be attacked or supported by any evidence which would be admissible for those purposes if the declarant had testified as a witness.
2. Evidence of a statement or conduct by the declarant at any time, which is inconsistent with the declarant’s hearsay statement, is not subject to any requirement that the declarant must have been afforded an opportunity to deny or explain.
3. If the party against whom a hearsay statement has been admitted calls the declarant as a witness, the party may examine the witness on that statement as if the witness were under cross-examination.
(Added to NRS by 1971, 798; A 1979, 25)
2023 Nevada Revised Statutes › Chapter 51 - Hearsay › NRS 51.075 - General exception; other exceptions illustrative.

1. A statement is not excluded by the hearsay rule if its nature and the special circumstances under which it was made offer assurances of accuracy not likely to be enhanced by calling the declarant as a witness, even though the declarant is available.
2. The provisions of NRS 51.085 to 51.305, inclusive, are illustrative and not restrictive of the exception provided by this section.
(Added to NRS by 1971, 794)
2023 Nevada Revised Statutes › Chapter 51 - Hearsay › NRS 51.105 - Then existing mental, emotional or physical condition.

1. A statement of the declarant’s then existing state of mind, emotion, sensation or physical condition, such as intent, plan, motive, design, mental feeling, pain and bodily health, is not inadmissible under the hearsay rule.
2. A statement of memory or belief to prove the fact remembered or believed is inadmissible under the hearsay rule unless it relates to the execution, revocation, identification or terms of declarant’s will.
(Added to NRS by 1971, 795)
2023 Nevada Revised Statutes › Chapter 51 - Hearsay › NRS 51.115 - Statements for purposes of medical diagnosis or treatment.

Statements made for purposes of medical diagnosis or treatment and describing medical history, or past or present symptoms, pain or sensations, or the inception or general character of the cause or external source thereof are not inadmissible under the hearsay rule insofar as they were reasonably pertinent to diagnosis or treatment.
(Added to NRS by 1971, 795)
2023 Nevada Revised Statutes › Chapter 51 - Hearsay › NRS 51.125 - Recorded recollection.

1. A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable the witness to testify fully and accurately is not inadmissible under the hearsay rule if it is shown to have been made when the matter was fresh in the witness’s memory and to reflect that knowledge correctly.
2. The memorandum or record may be read into evidence but may not itself be received unless offered by an adverse party.
(Added to NRS by 1971, 795)
2023 Nevada Revised Statutes › Chapter 51 - Hearsay › NRS 51.135 - Record of regularly conducted activity.

A memorandum, report, record or compilation of data, in any form, of acts, events, conditions, opinions or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, all in the course of a regularly conducted activity, as shown by the testimony or affidavit of the custodian or other qualified person, is not inadmissible under the hearsay rule unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness.
(Added to NRS by 1971, 795; A 1977, 1533; 1985, 787; 1989, 322; 1995, 1726)
2023 Nevada Revised Statutes › Chapter 51 - Hearsay › NRS 51.145 - Absence of entry in records of regularly conducted activity.

Evidence that a matter is not included in the memoranda, reports, records or data compilations, in any form, of a regularly conducted activity is not inadmissible under the hearsay rule to prove the nonoccurrence or nonexistence of the matter, if the matter was of a kind of which a memorandum, report, record or data compilation was regularly made and preserved.
(Added to NRS by 1971, 795)
2023 Nevada Revised Statutes › Chapter 51 - Hearsay › NRS 51.155 - Public records and reports.

Records, reports, statements or data compilations, in any form, of public officials or agencies are not inadmissible under the hearsay rule if they set forth:
1. The activities of the official or agency;
2. Matters observed pursuant to duty imposed by law; or
3. In civil cases and against the State in criminal cases, factual findings resulting from an investigation made pursuant to authority granted by law,
unless the sources of information or the method or circumstances of the investigation indicate lack of trustworthiness.
(Added to NRS by 1971, 795)
2023 Nevada Revised Statutes › Chapter 51 - Hearsay › NRS 51.175 - Absence of public record or entry.

To prove:
1. The absence of a record, report, statement or data compilation, in any form; or
2. The nonoccurrence or nonexistence of a matter of which a record, report, statement or data compilation, in any form, was regularly made and preserved by a public officer, agency or official,
evidence in the form of a certificate of the custodian or other person authorized to make the certification, or testimony, that diligent search failed to disclose the record, report, statement, data compilation or entry is not inadmissible under the hearsay rule.
(Added to NRS by 1971, 795)
2023 Nevada Revised Statutes › Chapter 51 - Hearsay › NRS 51.185 - Records of religious organizations.

Statements of births, marriages, divorces, deaths, legitimacy, ancestry, relationship by blood or marriage, or other similar facts of personal or family history, contained in a regularly kept record of a religious organization, are not inadmissible under the hearsay rule.
(Added to NRS by 1971, 796)
2023 Nevada Revised Statutes › Chapter 51 - Hearsay › NRS 51.195 - Marriage, baptismal and similar certificates.

Statements of fact contained in a certificate that the maker performed a marriage or other ceremony or administered a sacrament, made by a member of the clergy, public official or other person authorized by the rules or practices of a religious organization or by law to perform the act certified, and purporting to have been issued at the time of the act or within a reasonable time thereafter, are not inadmissible under the hearsay rule.
(Added to NRS by 1971, 796)
2023 Nevada Revised Statutes › Chapter 51 - Hearsay › NRS 51.205 - Family records.

Statements of fact contained in family Bibles, genealogies, charts, engravings on rings, inscriptions on family portraits, engravings on urns, crypts or tombstones, or the like, are not inadmissible under the hearsay rule.
(Added to NRS by 1971, 796)
2023 Nevada Revised Statutes › Chapter 51 - Hearsay › NRS 51.215 - Records of documents affecting interest in property.

The record of a document purporting to establish or affect an interest in property, as proof of the content of the original recorded document and its execution and delivery by each person by whom it purports to have been executed, is not inadmissible under the hearsay rule if the record is a record of a public office and an applicable statute authorized the recording of documents of that kind in that office.
(Added to NRS by 1971, 796)
2023 Nevada Revised Statutes › Chapter 51 - Hearsay › NRS 51.225 - Statement in document affecting interest in property.

A statement contained in a document purporting to establish or affect an interest in property is not inadmissible under the hearsay rule if the matter stated was relevant to the purpose of the document, unless dealings with the property since the document was made have been inconsistent with the truth of the statement or the purport of the document.
(Added to NRS by 1971, 796)
2023 Nevada Revised Statutes › Chapter 51 - Hearsay › NRS 51.255 - Learned treatises.

To the extent called to the attention of an expert witness upon cross-examination or relied upon by the expert witness in direct examination, a statement contained in a published treatise, periodical or pamphlet on a subject of history, medicine or other science or art, is not inadmissible under the hearsay rule if such book is established as a reliable authority by the testimony or admission of the witness or by other expert testimony or by judicial notice.
(Added to NRS by 1971, 796)
2023 Nevada Revised Statutes › Chapter 51 - Hearsay › NRS 51.265 - Reputation concerning personal or family history.

Reputation among members of a person’s family by blood or marriage, or among his or her associates, or in the community, is not inadmissible under the hearsay rule if it concerns his or her birth, marriage, divorce, death, legitimacy, relationship by blood or marriage, ancestry or other similar fact of his or her personal or family history.
(Added to NRS by 1971, 796)
2023 Nevada Revised Statutes › Chapter 51 - Hearsay › NRS 51.275 - Reputation concerning boundaries or general history.

Reputation in a community, arising before the controversy, as to:
1. Boundaries of or customs affecting lands in the community; and
2. Events of general history important to the community or to the State or nation in which the community is located,
are not inadmissible under the hearsay rule.
(Added to NRS by 1971, 797)
2023 Nevada Revised Statutes › Chapter 51 - Hearsay › NRS 51.295 - Judgment of previous conviction.

1. Evidence of a final judgment, entered after trial or upon a plea of guilty or guilty but mentally ill, but not upon a plea of nolo contendere, adjudging a person guilty of a crime punishable by death or imprisonment in excess of 1 year is not inadmissible under the hearsay rule to prove any fact essential to sustain the judgment.
2. This section does not make admissible, when offered by the State in a criminal prosecution for purposes other than impeachment, a judgment against a person other than the accused.
3. The pendency of an appeal may be shown but does not affect admissibility.
(Added to NRS by 1971, 797; A 1995, 2466; 2003, 1480; 2007, 1436)
2023 Nevada Revised Statutes › Chapter 51 - Hearsay › NRS 51.305 - Judgment as to boundaries or personal, family or general history.

A judgment is not inadmissible under the hearsay rule as proof of matters of personal, family or general history, or boundaries, essential to the judgment, if the matters would be provable by evidence of reputation.
(Added to NRS by 1971, 797)
2023 Nevada Revised Statutes › Chapter 51 - Hearsay › NRS 51.315 - General exception; other exceptions illustrative.

1. A statement is not excluded by the hearsay rule if:
(a) Its nature and the special circumstances under which it was made offer strong assurances of accuracy; and
(b) The declarant is unavailable as a witness.
2. The provisions of NRS 51.325 to 51.355, inclusive, are illustrative and not restrictive of the exception provided by this section.
(Added to NRS by 1971, 797)
2023 Nevada Revised Statutes › Chapter 51 - Hearsay › NRS 51.325 - Former testimony.

Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of another proceeding, is not inadmissible under the hearsay rule if:
1. The declarant is unavailable as a witness; and
2. If the proceeding was different, the party against whom the former testimony is offered was a party or is in privity with one of the former parties and the issues are substantially the same.
(Added to NRS by 1971, 797)
2023 Nevada Revised Statutes › Chapter 51 - Hearsay › NRS 51.345 - Statement against interest.

1. A statement which at the time of its making:
(a) Was so far contrary to the pecuniary or proprietary interest of the declarant;
(b) So far tended to subject the declarant to civil or criminal liability;
(c) So far tended to render invalid a claim by the declarant against another; or
(d) So far tended to make the declarant an object of hatred, ridicule or social disapproval,
that a reasonable person in the position of the declarant would not have made the statement unless the declarant believed it to be true is not inadmissible under the hearsay rule if the declarant is unavailable as a witness. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused in a criminal case is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.
2. This section does not make admissible a statement or confession offered against the accused made by a codefendant or other person implicating both himself or herself and the accused.
(Added to NRS by 1971, 797; A 1979, 44; 1997, 1592)
2023 Nevada Revised Statutes › Chapter 51 - Hearsay › NRS 51.355 - Statement of personal or family history.

1. A statement concerning the declarant’s own birth, marriage, divorce, legitimacy, relationship by blood or marriage, ancestry or other similar fact of personal or family history is not inadmissible under the hearsay rule if the declarant is unavailable as a witness, even though declarant had no means of acquiring personal knowledge of the matter stated.
2. A statement concerning the matters enumerated in subsection 1, and death also, of another person is not inadmissible under the hearsay rule if the declarant:
(a) Was related to the other by blood or marriage or was so intimately associated with the other’s family as to be likely to have accurate information concerning the matter declared; and
(b) Is unavailable as a witness.
(Added to NRS by 1971, 798)
2023 Nevada Revised Statutes › Chapter 51 - Hearsay › NRS 51.385 - Admissibility; notice of unavailability or inability of child to testify.

1. In addition to any other provision for admissibility made by statute or rule of court, a statement made by a child under the age of 10 years describing any act of sexual conduct performed with or on the child or any act of physical abuse of the child is admissible in a criminal proceeding regarding that act of sexual conduct or physical abuse if:
(a) The court finds, in a hearing out of the presence of the jury, that the time, content and circumstances of the statement provide sufficient circumstantial guarantees of trustworthiness; and
(b) The child testifies at the proceeding or is unavailable or unable to testify.
2. In determining the trustworthiness of a statement, the court shall consider, without limitation, whether:
(a) The statement was spontaneous;
(b) The child was subjected to repetitive questioning;
(c) The child had a motive to fabricate;
(d) The child used terminology unexpected of a child of similar age; and
(e) The child was in a stable mental state.
3. If the child is unavailable or unable to testify, written notice must be given to the defendant at least 10 days before the trial of the prosecution’s intention to offer the statement in evidence.
(Added to NRS by 1985, 2132; A 2001, 702)
2023 Nevada Revised Statutes › Chapter 52 - Documentary and Other Physical Evidence › NRS 52.015 - Authentication or identification required.

1. The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence or other showing sufficient to support a finding that the matter in question is what its proponent claims.
2. The provisions of NRS 52.025 to 52.105, inclusive, are illustrative and not restrictive examples of authentication or identification which conform to the requirements of this section.
3. Every authentication or identification is rebuttable by evidence or other showing sufficient to support a contrary finding.
(Added to NRS by 1971, 798)
2023 Nevada Revised Statutes › Chapter 52 - Documentary and Other Physical Evidence › NRS 52.075 - Telephone calls.

A telephone conversation is sufficiently authenticated by evidence that a call was made to the number supplied by the telephone company for the person in question if:
1. The call was to a place of business and the conversation related to business reasonably transacted over the telephone; or
2. Circumstances, including self-identification, show the person answering to be the one called.
(Added to NRS by 1971, 799)
2023 Nevada Revised Statutes › Chapter 52 - Documentary and Other Physical Evidence › NRS 52.085 - Public records and reports.

Evidence that:
1. A writing authorized by law to be recorded or filed and in fact recorded or filed in a public office; or
2. A purported public record, report, statement or data compilation, in any form,
is from the public office where items of this nature are kept is sufficient to authenticate the writing, record, report, statement or compilation.
(Added to NRS by 1971, 799)
2023 Nevada Revised Statutes › Chapter 52 - Documentary and Other Physical Evidence › NRS 52.095 - Ancient documents; compilations of data.

Evidence that a document or data compilation, in any form:
1. Is in such condition as to create no suspicion concerning its authenticity;
2. Was in a place where it, if authentic, would likely be; and
3. Is at least 20 years old at the time it is offered, is sufficient to authenticate the document or compilation.
(Added to NRS by 1971, 799)
2023 Nevada Revised Statutes › Chapter 52 - Documentary and Other Physical Evidence › NRS 52.115 - Foreign public documents.

1. A document purporting to be executed or attested in a person’s official capacity by a person authorized by the laws of a foreign country to make the execution or attestation is presumed to be authentic if it is accompanied by a final certification as to the genuineness of the signature and official position:
(a) Of the executing or attesting person; or
(b) Of any foreign official whose certificate of genuineness of signature and official position relates to the execution or attestation or is in a chain of certificates of genuineness of signature and official position relating to the execution or attestation.
2. A final certification may be made by a secretary of embassy or legation, consul general, consul, vice consul or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States.
3. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of an official document the court may, for good cause shown, order that it be treated as presumptively authentic without final certification or permit it to be evidenced by an attested summary with or without final certification.
(Added to NRS by 1971, 799)
2023 Nevada Revised Statutes › Chapter 52 - Documentary and Other Physical Evidence › NRS 52.125 - Certified copies of public records.

1. A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, is presumed to be authentic if it is certified as correct by the custodian or other person authorized to make the certification.
2. As used in subsection 1, the term "official record" shall include but not be limited to fingerprint classification cards kept by law enforcement agencies of the Federal Government, the State of Nevada or any other state.
(Added to NRS by 1971, 799; A 1973, 801)
2023 Nevada Revised Statutes › Chapter 52 - Documentary and Other Physical Evidence › NRS 52.185 - Definitions.

As used in NRS 52.185 to 52.295, inclusive, unless the context otherwise requires, the words defined in NRS 52.195 to 52.225, inclusive, have the meanings ascribed to them in NRS 52.195 to 52.225, inclusive.
(Added to NRS by 1971, 800)
2023 Nevada Revised Statutes › Chapter 52 - Documentary and Other Physical Evidence › NRS 52.195 - "Duplicate" defined.

"Duplicate" means a counterpart produced:
1. By the same impression as the original;
2. From the same matrix;
3. By means of photography, including enlargements and miniatures;
4. By mechanical or electronic rerecording, including a counterpart produced by an optical imaging system;
5. By chemical reproduction; or
6. By other equivalent technique designed to ensure an accurate reproduction of the original.
(Added to NRS by 1971, 800; A 1995, 136)
2023 Nevada Revised Statutes › Chapter 52 - Documentary and Other Physical Evidence › NRS 52.205 - "Original" defined.

1. An "original" of a writing or recording is the writing or recording itself or any counterpart intended to have the same effect by a person executing or issuing it.
2. An "original" of a photograph includes the negative or any print therefrom.
3. If data are stored in a computer or similar device, any printout or other output readable by sight, shown accurately to reflect the data, is an "original."
(Added to NRS by 1971, 800)
2023 Nevada Revised Statutes › Chapter 52 - Documentary and Other Physical Evidence › NRS 52.225 - "Writings" and "recordings" defined.

"Writings" and "recordings" consist of letters, words or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation.
(Added to NRS by 1971, 800)
2023 Nevada Revised Statutes › Chapter 52 - Documentary and Other Physical Evidence › NRS 52.245 - Admissibility of duplicates.

1. In addition to the situations governed by subsection 2, a duplicate is admissible to the same extent as an original unless:
(a) A genuine question is raised as to the authenticity of the original; or
(b) In the circumstances it would be unfair to admit the duplicate in lieu of the original.
2. Except as otherwise provided in NRS 52.247, a duplicate is admissible to the same extent as an original if the person or office having custody of the original was authorized to destroy the original after preparing a duplicate, and in fact did so.
(Added to NRS by 1971, 800; A 1995, 182)
2023 Nevada Revised Statutes › Chapter 52 - Documentary and Other Physical Evidence › NRS 52.247 - Admissibility of rerecorded, copied or reproduced records; certain records of governmental agency deemed public records.

1. Unless held in a fiduciary or custodial capacity or unless specifically prohibited by a federal or state statute or regulation, by a local ordinance or by an order or judgment of a court of competent jurisdiction, if any business or governmental agency has, in the regular course of its business:
(a) Produced, kept or maintained any document, memorandum, writing, entry, print or other record of any act, transaction, occurrence or event relating to the conduct of its business; and
(b) Caused any of those records to be rerecorded, copied or reproduced by any photographic, photostatic or other process which ensures an accurate reproduction or creates a reliable medium for reproducing the original of any of those records,
the business or governmental agency may, in the regular course of its business, destroy any of those records.
2. Any rerecorded, copied or reproduced record specified in subsection 1 is admissible to the same extent as an original, regardless of whether the original is available for inspection or has been lost or destroyed, if the rerecorded, copied or reproduced record is sufficiently authenticated.
3. An enlargement or facsimile of a rerecorded, copied or reproduced record specified in subsection 2 is admissible to the same extent as an original if:
(a) The record has not been lost or destroyed; and
(b) It is available for inspection by the court.
The introduction of an enlargement or facsimile of a record pursuant to the provisions of this subsection does not prohibit the admission of the original of that record.
4. If a governmental agency destroys any of its records and causes those records to be recorded, copied or reproduced pursuant to subsection 1:
(a) The recorded, copied or reproduced record shall be deemed a public record for the purposes of chapter 239 of NRS; and
(b) The governmental agency shall render such assistance as is necessary to allow any member of the public access to the recorded, copied or reproduced record if the record is not otherwise declared by law to be confidential.
5. As used in this section, "business" means any proprietorship, including any member of a profession licensed pursuant to title 54 of NRS, corporation, partnership, association, trust, unincorporated organization or other enterprise doing business in this State.
(Added to NRS by 1995, 181)
2023 Nevada Revised Statutes › Chapter 52 - Documentary and Other Physical Evidence › NRS 52.252 - Admissibility of copy or transcript of recordings of telephone calls made through system providing telephone number to be used in emergency.

The content of recordings of telephone calls made through a system established to provide a telephone number to be used in an emergency, if otherwise admissible, may be proved by a copy or transcript of the recording which is authenticated by a custodian of the records of the system in a signed affidavit. The custodian must verify in the affidavit that the copy or transcript is a true and complete reproduction of the original recording and that the original recording was made at the time of the telephone call and in the course of a regularly conducted activity.
(Added to NRS by 1995, 903)
2023 Nevada Revised Statutes › Chapter 52 - Documentary and Other Physical Evidence › NRS 52.255 - Admissibility of other evidence of contents.

Except as otherwise provided in NRS 52.247, the original is not required, and other evidence of the contents of a writing, recording or photograph is admissible, if:
1. All originals are lost or have been destroyed, unless the loss or destruction resulted from the fraudulent act of the proponent;
2. No original can be obtained by any available judicial process or procedure;
3. At a time when an original was under the control of the party against whom offered, that party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and that party does not produce the original at the hearing; or
4. The writing, recording or photograph is not closely related to a controlling issue.
(Added to NRS by 1971, 801; A 1995, 182; 1997, 1593)
2023 Nevada Revised Statutes › Chapter 52 - Documentary and Other Physical Evidence › NRS 52.265 - Public records.

1. Except as otherwise provided in NRS 52.247, the contents of an official record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy, certified as correct by the custodian or other person authorized to make the certification or testified to be correct by a witness who has compared it with the original.
2. If a copy which complies with the foregoing cannot be obtained by the exercise of reasonable diligence, then other evidence of the contents may be given.
(Added to NRS by 1971, 801; A 1995, 182)
2023 Nevada Revised Statutes › Chapter 52 - Documentary and Other Physical Evidence › NRS 52.275 - Summaries.

1. The contents of voluminous writings, recordings or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary or calculation.
2. The originals shall be made available for examination or copying, or both, by other parties at a reasonable time and place. The judge may order that the originals be produced in court.
(Added to NRS by 1971, 801)
2023 Nevada Revised Statutes › Chapter 52 - Documentary and Other Physical Evidence › NRS 52.295 - Functions of judge and jury.

1. Except as otherwise provided in subsection 2, when the admissibility of other evidence of contents under these rules depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is for the judge to determine.
2. When an issue is raised:
(a) Whether the asserted writing ever existed;
(b) Whether another writing, recording or photograph produced at the trial is the original; or
(c) Whether other evidence of contents correctly reflects the contents,
the issue is for the trier of fact to determine as in the case of other issues of fact.
(Added to NRS by 1971, 801)
2023 Nevada Revised Statutes › Chapter 52 - Documentary and Other Physical Evidence › NRS 52.305 - Marks instead of signatures; witnesses.

1. The signature of a party, when required to a written instrument, is equally valid if the party cannot write, if:
(a) The person makes his or her mark;
(b) The name of the person making the mark is written near it; and
(c) The mark is witnessed by a person who writes his or her own name as a witness.
2. In order that a signature by mark may be acknowledged or may serve as the signature to any sworn statement, it must be witnessed by two persons who must subscribe their own names as witnesses thereto.
(Added to NRS by 1971, 801)
2023 Nevada Revised Statutes › Chapter 52 - Documentary and Other Physical Evidence › NRS 52.315 - Seal unnecessary.

The word "seal," and the initial letters "L.S.," and other words, letters or characters of like import, opposite the name of the signer of any instrument in writing, are unnecessary to give such instrument legal effect, and any omission to use them by the signer of any instrument does not impair the validity of such instrument.
(Added to NRS by 1971, 802)
2023 Nevada Revised Statutes › Chapter 52 - Documentary and Other Physical Evidence › NRS 52.320 - Definitions.

As used in NRS 52.320 to 52.375, inclusive, unless the context otherwise requires:
1. "Custodian of medical records" means a chiropractic physician, naprapath, physician, registered physical therapist or licensed nurse who prepares and maintains medical records, or any employee or agent of such a person or a facility for convalescent care, medical laboratory or hospital who has care, custody and control of medical records for such a person or institution.
2. "Medical records" includes bills, ledgers, statements and other accounts which show the cost of medical services or care provided to a patient.
(Added to NRS by 1983, 535; A 2023, 1686)
2023 Nevada Revised Statutes › Chapter 52 - Documentary and Other Physical Evidence › NRS 52.325 - Subpoenaed records: Delivery of authenticated copy by custodian; order for return of record; form of affidavit of authentication.

1. A custodian of medical records sufficiently complies with a subpoena calling for the production of medical records in the custodian’s custody if the custodian delivers, at or before the time set for the return of the subpoena, either personally or by mail, to the clerk of the court issuing the subpoena a true and exact photographic, electrostatic or other acceptable copy of the original record authenticated as provided in this section. This section does not apply to X-ray films or to any other portion of a medical record which is not susceptible to photostatic reproduction.
2. The copy must be authenticated by an affidavit signed by the custodian of the medical records verifying that it is a true and complete reproduction of the original medical record and that the original record was made at or near the time of the act, event, condition, opinion or diagnosis by or from information transmitted by a person with knowledge in the course of a regularly conducted activity.
3. If the court quashes or suppresses a subpoena for medical records, it may order the subpoenaed record to be returned to the submitting custodian.
4. The affidavit required by subsection 2 must be substantially in the form prescribed in subsection 3 of NRS 52.260.
(Added to NRS by 1973, 359; A 1977, 1534; 1983, 535; 1985, 1208; 1995, 1728)
2023 Nevada Revised Statutes › Chapter 52 - Documentary and Other Physical Evidence › NRS 52.335 - Copies delivered to clerk of court: Custody; maintenance; return.

1. Except as provided in NRS 52.365, the copy of a medical record delivered pursuant to NRS 52.325 shall be kept in the custody of the clerk of the court issuing the subpoena, in a sealed container supplied by the custodian of the medical record. This container shall be clearly marked to identify the contents, the name of the patient, the title and number of the court case, and shall not be opened except pursuant to the direction of the court during the trial of the case, for the purpose of discovery as provided in NRS 52.365, or upon special order of the court.
2. The contents of the record shall be preserved and maintained as a cohesive unit and shall not be separated except upon the order of the court. Forty days after any final order dismissing or otherwise terminating any case in which medical records have been subpoenaed, if no appeal is taken, the records shall be returned intact and in complete form to the submitting custodian. If an appeal is taken, the records shall be returned 40 days after any final order terminating the appeal. This return shall be accomplished through the use of a self-addressed, stamped envelope which shall be contained within the package prepared and sent to the court by the submitting custodian. The envelope or container in which the record is delivered to the court shall be clearly marked to identify its contents and to direct that it shall be returned to the submitting custodian if developments occur which eliminate the necessity of opening the envelope.
(Added to NRS by 1973, 360; A 1977, 1535)
2023 Nevada Revised Statutes › Chapter 52 - Documentary and Other Physical Evidence › NRS 52.345 - Notice of delivery to clerk of court.

The custodian of the medical record which has been subpoenaed shall promptly notify the attorney for the party who caused the subpoena to be issued that the documents involved have been delivered to the court. For purposes of this notice it is sufficient for the custodian to deliver to such attorney a copy of the certificate verifying the contents and authenticity of the medical record so supplied.
(Added to NRS by 1973, 360; A 1977, 1535)
2023 Nevada Revised Statutes › Chapter 52 - Documentary and Other Physical Evidence › NRS 52.355 - Order for production of original documents; appearance by custodian.

1. If during a trial or discovery proceeding the authenticity of the record or a question of interpretation of handwriting is involved, the court may order the original documents produced.
2. If the personal attendance of a custodian of the medical records is required, the subpoena shall clearly state such demand.
3. If a custodian will personally appear, the original medical records shall be produced.
(Added to NRS by 1973, 360; A 1977, 1535)
2023 Nevada Revised Statutes › Chapter 52 - Documentary and Other Physical Evidence › NRS 52.365 - Use of copies in discovery proceedings.

1. If the contents of a medical record which has been delivered pursuant to NRS 52.325 are the object of a discovery proceeding by any party to the action, counsel may stipulate for, or in the absence of stipulation the court may order:
(a) The delivery of the record to the officer before whom a deposition is to be taken; or
(b) The copying of all or part of the record and the delivery of the copies so made to the party or parties requesting them.
2. If the record is delivered for the purpose of a deposition it shall be returned to the clerk immediately upon completion of the deposition, and in either case mentioned in subsection 1 it shall upon completion of the discovery proceeding be resealed by the clerk.
(Added to NRS by 1973, 360)
2023 Nevada Revised Statutes › Chapter 52 - Documentary and Other Physical Evidence › NRS 52.375 - Fees for subpoenas; admissibility of medical records.

NRS 52.320 to 52.365, inclusive, do not affect:
1. Subpoena fee requirements provided by statute or rule of court.
2. The admissibility of the contents of a medical record.
(Added to NRS by 1973, 361)
2023 Nevada Revised Statutes › Chapter 52 - Documentary and Other Physical Evidence › NRS 52.385 - Property evidencing crime: Return to person entitled to possession; admissibility of photographs in lieu of property; disposal of property not returned.

1. At any time after property of any person other than the one accused of the crime of which the property is evidence comes into the custody of a peace officer or law enforcement agency, the rightful owner of the property or a person entitled to possession of the property may request the prosecuting attorney to return the property to him or her. Upon receipt of such a request, the prosecuting attorney may, before the property is released, require the peace officer or law enforcement agency to take photographs of the property. Except as otherwise provided in subsection 3, the peace officer or law enforcement agency shall return the property to the person submitting the request within a reasonable time after the receipt of the request, but in no event later than 180 days after the receipt of the request.
2. In the absence of such a request, the prosecuting attorney may authorize the peace officer or law enforcement agency that has custody of the property to return the property to its owner or a person who is entitled to possession of the property.
3. If the prosecuting attorney to whom a request for the release of property is made determines that the property is required for use as evidence in a criminal proceeding, the prosecuting attorney may deny the request for the release of the property.
4. Photographs of property returned pursuant to the provisions of this section are admissible in evidence in lieu of the property in any criminal or civil proceeding if they are identified and authenticated in the proceeding by:
(a) The rightful owner of the property or person entitled to possession of the property to whom the property was released;
(b) The peace officer or representative of the law enforcement agency who released the property; or
(c) A credible witness who has personal knowledge of the property,
in accordance with the provisions of NRS 52.185 to 52.295, inclusive.
5. Any property subject to the provisions of this section which is not returned under the provisions of this section must be disposed of as provided in NRS 179.125 to 179.165, inclusive.
(Added to NRS by 1975, 1183; A 1979, 694; 1985, 796; 1993, 279; 1999, 754)
2023 Nevada Revised Statutes › Chapter 52 - Documentary and Other Physical Evidence › NRS 52.395 - Controlled substances, dangerous drugs and immediate precursors: Procedure for destruction of unnecessary quantity seized as evidence; disposal of hazardous waste; exception.

1. When any substance alleged to be a controlled substance, dangerous drug or immediate precursor is seized from a defendant by a peace officer, the law enforcement agency of which the officer is a member may, with the prior approval of the prosecuting attorney, petition the district court in the county in which the defendant is charged to secure permission to destroy a part of the substance.
2. Upon receipt of a petition filed pursuant to subsection 1, the district court shall order the substance to be accurately weighed and the weight thereof accurately recorded. The prosecuting attorney or the prosecuting attorney’s representative and the defendant or the defendant’s representative must be allowed to inspect and weigh the substance.
3. If after completion of the weighing process the defendant does not knowingly and voluntarily stipulate to the weight of the substance, the district court shall hold a hearing to make a judicial determination of the weight of the substance. The defendant, the defendant’s attorney and any other witness the defendant may designate may be present and testify at the hearing.
4. After a determination has been made as to the weight of the substance, the district court may order all of the substance destroyed except that amount which is reasonably necessary to enable each interested party to analyze the substance to determine the composition of the substance. The district court shall order the remaining sample to be sealed and maintained for analysis before trial.
5. If the substance is finally determined not to be a controlled substance, dangerous drug or immediate precursor, unless the substance was destroyed pursuant to subsection 7, the owner may file a claim against the county to recover the reasonable value of the property destroyed pursuant to this section.
6. The district court’s finding as to the weight of a substance destroyed pursuant to this section is admissible in any subsequent proceeding arising out of the same transaction.
7. If at the time that a peace officer seizes from a defendant a substance believed to be a controlled substance, dangerous drug or immediate precursor, the peace officer discovers any material or substance that he or she reasonably believes is hazardous waste, the peace officer may appropriately dispose of the material or substance without securing the permission of a court.
8. This section does not apply to any substance that is alleged to be marijuana which is seized from a defendant by a peace officer.
9. As used in this section:
(a) "Dangerous drug" has the meaning ascribed to it in NRS 454.201.
(b) "Hazardous waste" has the meaning ascribed to it in NRS 459.430.
(c) "Immediate precursor" has the meaning ascribed to it in NRS 453.086.
(Added to NRS by 1975, 1183; A 1987, 1547; 1989, 183; 1999, 2641; 2001, 3071; 2015, 865)
2023 Nevada Revised Statutes › Chapter 52 - Documentary and Other Physical Evidence › NRS 52.400 - Marijuana: Procedure for destruction of unnecessary quantity seized as evidence.

Except as otherwise provided in NRS 678C.800:
1. At any time after a substance which is alleged to be marijuana is seized from a defendant by a peace officer, the law enforcement agency of which the officer is a member may, without the prior approval of the district court in the county in which the defendant is charged, destroy any amount of the substance that exceeds 10 pounds.
2. The law enforcement agency must, before destroying the substance pursuant to this section:
(a) Accurately weigh and record the weight of the substance.
(b) Take and retain, for evidentiary purposes, at least five random and representative samples of the substance in addition to the amount which is not authorized to be destroyed pursuant to subsection 1. If the substance is alleged to consist of growing or harvested marijuana plants, the 10 pounds retained pursuant to subsection 1 may include stalks, branches, leaves and buds, but the five representative samples must consist of only leaves or buds.
(c) Take photographs that reasonably demonstrate the total amount of the substance. A sign which clearly and conspicuously shows the title or the case number of the matter, proceeding or action to which the substance relates must appear next to the substance in any photograph taken.
3. A law enforcement agency that destroys a substance pursuant to this section shall, not later than 30 days after the destruction of the substance, file an affidavit in the court which has jurisdiction over the pending criminal proceedings, if any, pertaining to that substance. The affidavit must establish that the law enforcement agency has complied with the requirements of subsection 2, specify the date and time of the destruction of the substance and provide the publicly known address of the agency. If there are no criminal proceedings pending which pertain to the substance, the affidavit may be filed in any court within the county which would have jurisdiction over a person against whom such criminal charges might be filed.
4. If the substance is finally determined not to be marijuana, the owner may file a claim against the county to recover the reasonable value of the property destroyed pursuant to this section.
5. The law enforcement agency’s finding as to the weight of any substance alleged to be marijuana and destroyed pursuant to this section is admissible in any subsequent proceeding arising out of the same transaction.
(Added to NRS by 2015, 864; A 2019, 3840)