reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 42 - Damages › NRS 42.360 - Surety bond: Liability of surety not affected by certain acts; notice required before cancellation or modification; automatic expiration of registration for cancellation or noncomplying modification; modification or cancellation does not affect liability incurred previously.

1. The liability of the surety which issued a surety bond used by a structured settlement purchase company to satisfy the requirements of NRS 42.340 must not be affected by any:
(a) Breach of contract, breach of warranty, failure to pay a premium or other act or omission of the structured settlement purchase company; or
(b) Insolvency or bankruptcy of the structured settlement purchase company.
2. A surety which issued a surety bond used by a structured settlement purchase company to satisfy the requirements of NRS 42.340 and the structured settlement purchase company which obtained the surety bond shall not cancel or modify the surety bond during the term for which it is issued unless the surety or the structured settlement purchase company provides written notice to the Unit at least 20 days before the effective date of the cancellation or modification.
3. If a surety bond used by a structured settlement purchase company to satisfy the requirements of NRS 42.340 is modified so as to make the surety bond not comply with any provision of NRS 42.200 to 42.400, inclusive, or the surety bond is cancelled, the registration of the structured settlement purchase company automatically expires on the effective date of the modification or cancellation unless a new surety bond or letter of credit which complies with NRS 42.200 to 42.400, inclusive, is filed with the Unit on or before the effective date of the modification or cancellation.
4. A modification or cancellation of a surety bond used by a structured settlement purchase company to satisfy the requirements of NRS 42.340 does not affect any liability of the bonded surety company incurred before the modification or cancellation of the surety bond.
(Added to NRS by 2021, 1724; A 2023, 1958)
2023 Nevada Revised Statutes › Chapter 42 - Damages › NRS 42.365 - Certain persons exempt from registration.

1. An assignee is not required to register as a structured settlement purchase company to acquire structured settlement payment rights or to take a security interest in structured settlement payment rights that were transferred by the payee to a structured settlement purchase company.
2. An employee of a structured settlement purchase company, if acting on behalf of the structured settlement purchase company in connection with a transfer, is not required to be registered.
(Added to NRS by 2021, 1724)
2023 Nevada Revised Statutes › Chapter 42 - Damages › NRS 42.375 - Applicant for approval of transfer of structured settlement payment rights required to provide evidence of registration; transfer order signed by court constitutes qualified order under federal law if transferee is registered.

1. At the time an application is made under NRS 42.200 to 42.400, inclusive, for the approval of a transfer of structured settlement payment rights, the application of the transferee must include evidence that the transferee is registered to do business in this State as a structured settlement purchase company.
2. Except as otherwise provided in this subsection, a transfer order signed by a district court of competent jurisdiction pursuant to NRS 42.200 to 42.400, inclusive, constitutes a qualified order under 26 U.S.C. § 5891. If a transferee to which the transfer order applies is not registered as a structured settlement purchase company pursuant to NRS 42.200 to 42.400, inclusive, at the time the transfer order is signed, the transfer order does not constitute a qualified order under 26 U.S.C. § 5891.
(Added to NRS by 2021, 1726)
2023 Nevada Revised Statutes › Chapter 42 - Damages › NRS 42.380 - Required disclosures to payee.

Not less than 3 days before the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than 14-point font, setting forth the following:
1. The amounts and due dates of the structured settlement payments to be transferred.
2. The aggregate amount of such payments.
3. The discounted present value of the payments to be transferred, which must be identified as the "calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities," and the amount of the Applicable Federal Rate used in calculating such discounted present value.
4. The gross advance amount.
5. An itemized listing of all applicable transfer expenses, other than attorney’s fees and related disbursements, payable in connection with the transferee’s application for approval of the transfer, and the transferee’s best estimate of the amount of any such attorney’s fees and related disbursements.
6. The effective annual interest rate, which must be disclosed in a statement in the following form:
On the basis of the net amount that you will receive from us and the amounts and timing of the structured settlement payments that you are transferring to us, you will, in effect be paying interest to us at a rate of ___ percent per year.
7. The net advance amount.
8. The amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee.
9. That the payee has the right to cancel the transfer agreement, without penalty or further obligation, until the transfer is approved by the court.
10. That the payee has the right to seek and receive independent professional advice regarding the proposed transfer and should consider doing so before agreeing to transfer any structured settlement payment rights.
11. That the payee has the right to seek out and consider additional offers for transferring the structured settlement payment rights and should do so.
(Added to NRS by 2021, 1726)
2023 Nevada Revised Statutes › Chapter 42 - Damages › NRS 42.385 - Approval of transfers of structured settlement payment rights.

A direct or indirect transfer of structured settlement payment rights is not effective, and a structured settlement obligor or annuity issuer is not required to make any payment directly or indirectly to any transferee or assignee of structured settlement payment rights, unless the transfer has been approved in advance in a final court order based on express findings by the court that all of the following apply:
1. The transfer is in the best interest of the payee, taking into account the welfare and support of the payee’s dependents, if any;
2. The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received such advice or knowingly waived in writing the opportunity to seek and receive such advice; and
3. The transfer does not contravene any applicable statute or any applicable order of any court or other governmental authority.
(Added to NRS by 2021, 1727)
2023 Nevada Revised Statutes › Chapter 42 - Damages › NRS 42.390 - Effects of transfer of structured settlement payment rights.

Following a transfer of structured settlement payment rights:
1. The structured settlement obligor and the annuity issuer may rely on the transfer order in redirecting periodic payments to an assignee or transferee in accordance with the transfer order and is, as to all parties except the transferee or an assignee designated by the transferee, discharged and released from any and all liability for the redirected payments. The discharge and release is not affected by the failure of any party to the transfer to comply with NRS 42.200 to 42.400, inclusive, or with the transfer order.
2. The transferee is liable to the structured settlement obligor and the annuity issuer:
(a) If the transfer contravenes the terms of the structured settlement, for any taxes incurred by the structured settlement obligor or annuity issuer as a consequence of the transfer; and
(b) For any other liabilities or costs, including reasonable costs and attorney’s fees, arising from:
(1) Compliance by the structured settlement obligor or annuity issuer with the transfer order; or
(2) The failure of any party to the transfer to comply with NRS 42.200 to 42.400, inclusive.
3. The structured settlement obligor and the annuity issuer are not required to divide any periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees.
4. Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of NRS 42.200 to 42.400, inclusive.
(Added to NRS by 2021, 1727)
2023 Nevada Revised Statutes › Chapter 42 - Damages › NRS 42.400 - General provisions; construction.

1. The provisions of NRS 42.200 to 42.400, inclusive, may not be waived by a payee.
2. Any transfer agreement entered into by a payee who is domiciled in this State must provide that disputes under the transfer agreement, including, without limitation, any claims that the payee has breached the agreement, must be determined in and under the laws of this State. A transfer agreement must not authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee.
3. A transfer of structured settlement payment rights must not extend to any payments that are life-contingent unless, before the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the structured settlement obligor and the annuity issuer for periodically confirming the payee’s survival and giving the structured settlement obligor and the annuity issuer prompt written notice in the event of the payee’s death.
4. If the payee cancels a transfer agreement, or if the transfer agreement otherwise terminates, after an application for approval of a transfer of structured settlement payment rights has been filed and before it has been granted or denied, the transferee must promptly request the dismissal of the application.
5. A payee who proposes to make a transfer of structured settlement payment rights does not incur any penalty, forfeit any application fee or other payment or otherwise incur any liability to the proposed transferee or any assignee based on any failure of the transfer to satisfy the conditions of NRS 42.200 to 42.400, inclusive.
6. Nothing contained in NRS 42.200 to 42.400, inclusive, shall:
(a) Be construed to authorize any transfer of structured settlement payment rights in contravention of any applicable law or to imply that any transfer under a transfer agreement entered into before October 1, 2021, is valid or invalid.
(b) Affect the validity of any transfer of structured settlement payment rights, whether under a transfer agreement entered into before or after October 1, 2021, in which the structured settlement obligor and annuity issuer waived, or have not asserted their rights under, terms of the structured settlement prohibiting or restricting the sale, assignment or encumbrance of the structured settlement payment rights.
7. Compliance with the requirements set forth in NRS 42.200 to 42.400, inclusive, and fulfillment of the conditions set forth in NRS 42.200 to 42.400, inclusive, are solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer, if any, has any responsibility for, or any liability arising from, noncompliance with such requirements or failure to fulfill such conditions.
8. NRS 42.200 to 42.400, inclusive, apply to any transfer of structured settlement payment rights under a transfer agreement entered into on or after October 1, 2021.
(Added to NRS by 2021, 1729)
2023 Nevada Revised Statutes › Chapter 43 - Judicial Confirmation › NRS 43.020 - Legislative declaration.

The Legislature of the State of Nevada determines, finds and declares in connection with this chapter:
1. An early judicial examination into and determination of the validity of any power, instrument, act or project of any municipality promotes the health, comfort, safety, convenience and welfare of the people of this state.
2. The provision in this chapter of the purposes, powers, duties, privileges, immunities, rights, liabilities and disabilities pertaining to municipalities will serve a public function and effect a public purpose.
3. Any notice provided for in this chapter is reasonably calculated to inform each person of interest in any proceedings thereunder which may directly and adversely affect the person’s legally protected interests, if any.
4. The rule of strict construction shall have no application to this chapter, but this chapter shall be liberally construed to effect the purposes and objects for which it is intended.
(Added to NRS by 1969, 134)
2023 Nevada Revised Statutes › Chapter 43 - Judicial Confirmation › NRS 43.050 - "Executive Officer" defined.

"Executive Officer" means the de jure or de facto Governor of this state, mayor, chair, president or other titular head or chief official of the municipality proceeding under this chapter, but "Executive Officer" does not include a city manager, county manager or other chief administrator of a municipality who is not its titular head.
(Added to NRS by 1969, 136)
2023 Nevada Revised Statutes › Chapter 43 - Judicial Confirmation › NRS 43.060 - "Governing body" defined.

1. "Governing body" means:
(a) The state commission or state board responsible for the exercise of a power by the State or responsible for an instrument, act or project of the State to which court proceedings authorized by this chapter and initiated by the State pertain; and
(b) The city council, city commission, board of supervisors, board of commissioners, board of trustees, board of directors, board of regents or other legislative body of a municipality proceeding under this chapter.
2. "Governing body" does not include the Legislature of the State of Nevada if the municipality is the State or any corporation, instrumentality or other agency thereof.
(Added to NRS by 1969, 135)
2023 Nevada Revised Statutes › Chapter 43 - Judicial Confirmation › NRS 43.080 - "Municipality" defined.

"Municipality" means the State of Nevada, or any corporation, instrumentality or other agency thereof, or any incorporated city, any unincorporated town, or any county, school district, conservancy district, drainage district, irrigation district, general improvement district, other corporate district constituting a political subdivision of this State, housing authority, urban renewal authority, other type of authority, the Nevada System of Higher Education, the Board of Regents of the University of Nevada, or any other body corporate and politic of the State of Nevada, but excluding the Federal Government.
(Added to NRS by 1969, 135; A 1983, 111; 1987, 1717; 1993, 362; 2005, 362)
2023 Nevada Revised Statutes › Chapter 43 - Judicial Confirmation › NRS 43.100 - Petition for judicial examination and determination of validity of power, instrument, act or project: Facts; verification.

1. In its discretion the governing body may file or cause to be filed a petition at any time in the district court in and for any county in which the municipality is located or any act or project is undertaken, wholly or in part, praying a judicial examination and determination of the validity of any power conferred or of any instrument, act or project of the municipality, whether or not such power has been exercised, such instrument has been executed or otherwise made or such act or project has been taken.
2. Such petition shall set forth the facts whereon the validity of such power, instrument, act or project is founded and shall be verified by the Executive Officer.
(Added to NRS by 1969, 135)
2023 Nevada Revised Statutes › Chapter 43 - Judicial Confirmation › NRS 43.120 - Notice of filing of petition: Contents; service by publication and posting.

1. Notice of the filing of the petition shall be given by the clerk of the court, under the seal thereof, stating in brief outline the contents of the petition and showing where a full copy of any instrument therein mentioned may be examined.
2. The notice shall be served:
(a) By publication at least once a week for 5 consecutive weeks by five weekly insertions, in at least a newspaper of general circulation in the municipality; and
(b) By posting the same in the office of the municipality at least 30 days prior to the date fixed in the notice for the hearing on the petition.
3. Jurisdiction shall be complete after such publication and posting.
(Added to NRS by 1969, 136)
2023 Nevada Revised Statutes › Chapter 43 - Judicial Confirmation › NRS 43.130 - Owner of property or interested party may move to dismiss or answer; effect of failure to appear.

1. Any owner of property in the municipality or any other person interested in the power, instrument, act or project, or otherwise interested in the premises may appear and move to dismiss or answer the petition at any time prior to the date fixed for the hearing or within such further time as may be allowed by the court.
2. The petition shall be taken as confessed by all persons who fail so to appear.
(Added to NRS by 1969, 136)
2023 Nevada Revised Statutes › Chapter 43 - Judicial Confirmation › NRS 43.140 - Hearing; findings; judgment and decree; costs.

1. The petition and notice shall be sufficient to give the court jurisdiction, and upon hearing the court shall examine into and determine all matters and things affecting the question submitted, shall make such findings with reference thereto and render such judgment and decree thereon as the case warrants.
2. Costs may be divided or apportioned among any contesting parties in the discretion of the district court.
(Added to NRS by 1969, 136)
2023 Nevada Revised Statutes › Chapter 43 - Judicial Confirmation › NRS 43.150 - Review of judgment: Time for application.

Review of the judgment of the court may be had as in other similar cases, except that such review must be applied for within 30 days after the time of the rendition of such judgment or within such additional time as may be allowed by the court within 30 days.
(Added to NRS by 1969, 136)
2023 Nevada Revised Statutes › Chapter 43 - Judicial Confirmation › NRS 43.160 - Applicability of Nevada Rules of Civil Procedure; early hearings.

1. Nevada Rules of Civil Procedure shall govern in matters of pleading and practice where not otherwise specified herein.
2. The court shall disregard any error, irregularity or omission which does not affect the substantial rights of the parties.
3. All cases in which there may arise a question of the validity of any matter under this chapter shall be advanced as a matter of immediate public interest and concern, and be heard at the earliest practicable moment.
(Added to NRS by 1969, 136)
2023 Nevada Revised Statutes › Chapter 43 - Judicial Confirmation › NRS 43.170 - Effect of chapter.

1. This chapter, without reference to other statutes of this state, except as otherwise expressly provided in this chapter, shall constitute full authority for the exercise of the powers therein granted.
2. The powers conferred by this chapter shall be in addition and supplemental to, and not in substitution for, and the limitations imposed thereby shall not affect the powers conferred by, any other law.
3. Nothing contained in this chapter shall be construed as preventing the exercise of any power granted to the municipality, acting by and through the governing body, or any officer, agent or employee of the municipality, or otherwise, by any other law.
4. No part of this chapter shall repeal or affect any other law or part thereof, it being intended that this chapter shall provide a separate method of accomplishing its objectives and not an exclusive one; and this chapter shall not be construed as repealing, amending or changing any such other law.
(Added to NRS by 1969, 136)
2023 Nevada Revised Statutes › Chapter 47 - General Provisions; Judicial Notice; Presumptions › NRS 47.020 - Scope of title 4 of NRS.

1. This title governs proceedings in the courts of this State and before magistrates, except:
(a) To the extent to which its provisions are relaxed by a statute or procedural rule applicable to the specific situation; and
(b) As otherwise provided in subsection 3.
2. Except as otherwise provided in subsection 1, the provisions of chapter 49 of NRS with respect to privileges apply at all stages of all proceedings.
3. The other provisions of this title, except with respect to provisions concerning a person with limited English proficiency, do not apply to:
(a) Issuance of warrants for arrest, criminal summonses and search warrants.
(b) Proceedings with respect to release on bail.
(c) Sentencing, granting or revoking probation.
(d) Proceedings for extradition.
4. As used in this section, "person with limited English proficiency" has the meaning ascribed to it in NRS 1.510.
(Added to NRS by 1971, 775; A 1997, 2286; 2013, 1460; 2017, 1144)
2023 Nevada Revised Statutes › Chapter 47 - General Provisions; Judicial Notice; Presumptions › NRS 47.030 - Purposes of title 4 of NRS.

The purposes of this title are to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.
(Added to NRS by 1971, 775)
2023 Nevada Revised Statutes › Chapter 47 - General Provisions; Judicial Notice; Presumptions › NRS 47.040 - Rulings on evidence: Effect of error.

1. Except as otherwise provided in subsection 2, error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and:
(a) In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection.
(b) In case the ruling is one excluding evidence, the substance of the evidence was made known to the judge by offer or was apparent from the context within which questions were asked.
2. This section does not preclude taking notice of plain errors affecting substantial rights although they were not brought to the attention of the judge.
(Added to NRS by 1971, 775)
2023 Nevada Revised Statutes › Chapter 47 - General Provisions; Judicial Notice; Presumptions › NRS 47.050 - Rulings on evidence: Record of offer and ruling.

The judge may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made and the ruling thereon. The judge may direct the making of an offer in question and answer form, and on request shall do so in actions tried without a jury, unless it clearly appears that the evidence is not admissible on any ground or is privileged.
(Added to NRS by 1971, 776)
2023 Nevada Revised Statutes › Chapter 47 - General Provisions; Judicial Notice; Presumptions › NRS 47.060 - Preliminary questions of admissibility: Determination.

1. Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege or the admissibility of evidence shall be determined by the judge, subject to the provisions of NRS 47.070.
2. In making a determination the judge is not bound by the provisions of this title except the provisions of chapter 49 of NRS with respect to privileges.
(Added to NRS by 1971, 776)
2023 Nevada Revised Statutes › Chapter 47 - General Provisions; Judicial Notice; Presumptions › NRS 47.070 - Preliminary questions of admissibility: Relevancy conditioned on fact.

1. When the relevancy of evidence depends upon the fulfillment of a condition of fact, the judge shall admit it upon the introduction of evidence sufficient to support a finding of the fulfillment of the condition.
2. If under all the evidence upon the issue the jury might reasonably find that the fulfillment of the condition is not established, the judge shall instruct the jury to consider the issue and to disregard the evidence unless they find the condition was fulfilled.
3. If under all the evidence upon the issue the jury could not reasonably find that the condition was fulfilled, the judge shall instruct the jury to disregard the evidence.
(Added to NRS by 1971, 776)
2023 Nevada Revised Statutes › Chapter 47 - General Provisions; Judicial Notice; Presumptions › NRS 47.080 - Determinations of admissibility: Hearing of jury.

In jury cases, hearings on preliminary questions of admissibility, offers of proof in narrative or question and answer form, and statements of the judge showing the character of the evidence shall to the extent practicable, unless further restricted by NRS 47.090, be conducted out of the hearing of the jury, to prevent the suggestion of inadmissible evidence.
(Added to NRS by 1971, 776)
2023 Nevada Revised Statutes › Chapter 47 - General Provisions; Judicial Notice; Presumptions › NRS 47.090 - Preliminary hearings on confessions and evidence.

Preliminary hearings on the admissibility of confessions or statements by the accused or evidence allegedly unlawfully obtained shall be conducted outside the hearing of the jury. The accused does not by testifying at the hearing subject himself or herself to cross-examination as to other issues in the case. Testimony given by the accused at the hearing is not admissible against the accused on the issue of guilt at the trial.
(Added to NRS by 1971, 776)
2023 Nevada Revised Statutes › Chapter 47 - General Provisions; Judicial Notice; Presumptions › NRS 47.110 - Limited admissibility.

When evidence which is admissible as to one party or for one purpose but inadmissible as to another party or for another purpose is admitted, the judge, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.
(Added to NRS by 1971, 776)
2023 Nevada Revised Statutes › Chapter 47 - General Provisions; Judicial Notice; Presumptions › NRS 47.120 - Remainder of writings or recorded statements.

1. When any part of a writing or recorded statement is introduced by a party, the party may be required at that time to introduce any other part of it which is relevant to the part introduced, and any party may introduce any other relevant parts.
2. This section does not limit cross-examination.
(Added to NRS by 1971, 776)
2023 Nevada Revised Statutes › Chapter 47 - General Provisions; Judicial Notice; Presumptions › NRS 47.130 - Matters of fact.

1. The facts subject to judicial notice are facts in issue or facts from which they may be inferred.
2. A judicially noticed fact must be:
(a) Generally known within the territorial jurisdiction of the trial court; or
(b) Capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned,
so that the fact is not subject to reasonable dispute.
(Added to NRS by 1971, 777)
2023 Nevada Revised Statutes › Chapter 47 - General Provisions; Judicial Notice; Presumptions › NRS 47.140 - Matters of law.

The laws subject to judicial notice are:
1. The Constitution and statutes of the United States, and the contents of the Federal Register.
2. The Constitution of this State and Nevada Revised Statutes.
3. Any other statute of this State if brought to the attention of the court by its title and the day of its passage.
4. A county, city or town code which has been filed as required by NRS 244.118, 268.014, 269.168 or the city charter and any city ordinance which has been filed or recorded as required by the applicable law.
5. The Nevada Administrative Code.
6. A regulation not included in the Nevada Administrative Code if adopted in accordance with law and brought to the attention of the court.
7. The population category and organization of a city incorporated pursuant to general law.
8. The constitution, statutes or other written law of any other state or territory of the United States, or of any foreign jurisdiction, as contained in a book or pamphlet published by its authority or proved to be commonly recognized in its courts.
(Added to NRS by 1971, 777; A 1973, 6; 1977, 1388; 1985, 231, 366; 2001, 632)
2023 Nevada Revised Statutes › Chapter 47 - General Provisions; Judicial Notice; Presumptions › NRS 47.180 - Presumptions generally: Effect; direct evidence.

1. A presumption, other than a presumption against the accused in a criminal action, imposes on the party against whom it is directed the burden of proving that the nonexistence of the presumed fact is more probable than its existence.
2. As applied to presumptions, "direct evidence" means evidence which tends to establish the existence or nonexistence of the presumed fact independently of the basic facts.
(Added to NRS by 1971, 777)
2023 Nevada Revised Statutes › Chapter 47 - General Provisions; Judicial Notice; Presumptions › NRS 47.190 - Determination on evidence of basic facts.

When a presumption is made conclusive by statute or no direct evidence is introduced contrary to the existence of the presumed fact, the question of the existence of the presumed fact depends upon the existence of the basic facts and is determined as follows:
1. If reasonable minds would necessarily agree that the evidence renders the existence of the basic facts more probable than not, the judge shall direct the jury to find in favor of the existence of the presumed fact.
2. If reasonable minds would necessarily agree that the evidence does not render the existence of the basic facts more probable than not, the judge shall direct the jury to find against the existence of the presumed fact.
3. If reasonable minds would not necessarily agree as to whether the evidence renders the existence of the basic facts more probable than not, the judge shall submit the matter to the jury with an instruction to find in favor of the existence of the presumed fact if they find from the evidence that the existence of the basic facts is more probable than not, but otherwise to find against the existence of the presumed fact.
(Added to NRS by 1971, 777)
2023 Nevada Revised Statutes › Chapter 47 - General Provisions; Judicial Notice; Presumptions › NRS 47.200 - Determination on evidence of presumed fact: Where basic facts established.

When reasonable minds would necessarily agree that the evidence renders the existence of the basic facts more probable than not, but direct evidence is introduced contrary to the existence of the presumed fact, the question of the existence of the presumed fact is determined as follows:
1. If reasonable minds would necessarily agree that the direct evidence renders the nonexistence of the presumed fact more probable than not, the judge shall direct the jury to find against the existence of the presumed fact.
2. If reasonable minds would necessarily agree that the direct evidence does not render the nonexistence of the presumed fact more probable than not, the judge shall direct the jury to find in favor of the presumed fact.
3. If reasonable minds would not necessarily agree as to whether the direct evidence renders the nonexistence of the presumed fact more probable than not, the judge shall submit the matter to the jury with an instruction to find in favor of the existence of the presumed fact unless they find from the direct evidence that its nonexistence is more probable than its existence, in which event they should find against its existence.
(Added to NRS by 1971, 778)
2023 Nevada Revised Statutes › Chapter 47 - General Provisions; Judicial Notice; Presumptions › NRS 47.210 - Determination on evidence of presumed fact: Where basic facts lacking.

When reasonable minds would necessarily agree that the evidence does not render the existence of the basic facts more probable than not, but direct evidence is introduced concerning the existence of the presumed fact, the judge shall submit the matter to the jury with an instruction to determine the existence of the presumed fact from the direct evidence without reference to the presumption.
(Added to NRS by 1971, 778)
2023 Nevada Revised Statutes › Chapter 47 - General Provisions; Judicial Notice; Presumptions › NRS 47.220 - Determination on evidence of presumed fact: Where basic facts doubtful.

When reasonable minds would not necessarily agree as to whether the evidence renders the existence of the basic facts more probable than not, and direct evidence is introduced concerning the existence of the presumed fact, the question of the existence of the presumed fact is determined as follows:
1. If reasonable minds would necessarily agree that the direct evidence renders the existence of the presumed fact more probable than not, the judge shall direct the jury to find in favor of the existence of the presumed fact.
2. If reasonable minds would necessarily agree that the direct evidence renders the nonexistence of the presumed fact more probable than not, the judge shall direct the jury to find against the existence of the presumed fact.
3. If reasonable minds would not necessarily agree that the direct evidence renders the nonexistence of the presumed fact more probable than not, the judge shall submit the matter to the jury with an instruction to find in favor of the existence of the presumed fact if they find from the evidence that the existence of the basic facts is more probable than not and unless they find the nonexistence of the presumed fact more probable than not, otherwise to find against the existence of the presumed fact.
(Added to NRS by 1971, 778)
2023 Nevada Revised Statutes › Chapter 47 - General Provisions; Judicial Notice; Presumptions › NRS 47.230 - Presumptions against accused in criminal actions.

1. In criminal actions, presumptions against an accused recognized at common law or created by statute, including statutory provisions that certain facts are prima facie evidence of other facts or of guilt, are governed by this section.
2. The judge shall not direct the jury to find a presumed fact against the accused. When the presumed fact establishes guilt or is an element of the offense or negatives a defense, the judge may submit the question of guilt or of the existence of the presumed fact to the jury, if, but only if, a reasonable juror on the evidence as a whole, including the evidence of the basic facts, could find guilt or the presumed fact beyond a reasonable doubt. Under other presumptions, the existence of the presumed fact may be submitted to the jury if the basic facts are supported by substantial evidence, or are otherwise established, unless the evidence as a whole negatives the existence of the presumed fact.
3. Whenever the existence of a presumed fact against the accused is submitted to the jury, the judge shall give an instruction that the law declares that the jury may regard the basic facts as sufficient evidence of the presumed fact but does not require it to do so. In addition, if the presumed fact establishes guilt or is an element of the offense or negatives a defense, the judge shall instruct the jury that its existence must, on all the evidence, be proved beyond a reasonable doubt.
(Added to NRS by 1971, 779)
2023 Nevada Revised Statutes › Chapter 47 - General Provisions; Judicial Notice; Presumptions › NRS 47.240 - Conclusive presumptions.

The following presumptions, and no others, are conclusive:
1. A malicious and guilty intent, from the deliberate commission of an unlawful act, for the purpose of injuring another.
2. The truth of the fact recited, from the recital in a written instrument between the parties thereto, or their successors in interest by a subsequent title, but this rule does not apply to the recital of a consideration.
3. Whenever a party has, by his or her own declaration, act or omission, intentionally and deliberately led another to believe a particular thing true and to act upon such belief, the party cannot, in any litigation arising out of such declaration, act or omission, be permitted to falsify it.
4. A tenant is not permitted to deny the title of his or her landlord at the time of the commencement of the relation.
5. The judgment or order of a court, when declared by titles 2, 3 and 6 of NRS to be conclusive; but such judgment or order must be alleged in the pleadings if there is an opportunity to do so; if there is no such opportunity, the judgment or order may be used as evidence.
6. Any other presumption which, by statute, is expressly made conclusive.
(Added to NRS by 1971, 779)
2023 Nevada Revised Statutes › Chapter 47 - General Provisions; Judicial Notice; Presumptions › NRS 47.250 - Disputable presumptions.

All other presumptions are disputable. The following are of that kind:
1. That an unlawful act was done with an unlawful intent.
2. That a person intends the ordinary consequences of that person’s voluntary act.
3. That evidence willfully suppressed would be adverse if produced.
4. That higher evidence would be adverse from inferior being produced.
5. That money paid by one to another was due to the latter.
6. That a thing delivered by one to another belonged to the latter.
7. That things which a person possesses are owned by that person.
8. That a person is the owner of property from exercising acts of ownership over it, or from common reputation of that ownership.
9. That official duty has been regularly performed.
10. That a court or judge, acting as such, whether in this State or any other state or country, was acting in the lawful exercise of the court’s or judge’s jurisdiction.
11. That a judicial record, when not conclusive, does still correctly determine or set forth the rights of the parties.
12. That a writing is truly dated.
13. That a letter duly directed and mailed was received in the regular course of the mail.
14. That a person not heard from in 3 years is dead.
15. That a child born in lawful wedlock is legitimate.
16. That the law has been obeyed.
17. That a trustee or other person, whose duty it was to convey real property to a particular person, has actually conveyed to that person, when such presumption is necessary to perfect the title of such person or a successor in interest.
18. In situations not governed by the Uniform Commercial Code:
(a) That an obligation delivered up to the debtor has been paid.
(b) That private transactions have been fair and regular.
(c) That the ordinary course of business has been followed.
(d) That there was good and sufficient consideration for a written contract.
(Added to NRS by 1971, 779; A 1993, 2761)
2023 Nevada Revised Statutes › Chapter 48 - Admissibility Generally › NRS 48.025 - Relevant evidence generally admissible; irrelevant evidence inadmissible.

1. All relevant evidence is admissible, except:
(a) As otherwise provided by this title;
(b) As limited by the Constitution of the United States or of the State of Nevada; or
(c) Where a statute limits the review of an administrative determination to the record made or evidence offered before that tribunal.
2. Evidence which is not relevant is not admissible.
(Added to NRS by 1971, 780)
2023 Nevada Revised Statutes › Chapter 48 - Admissibility Generally › NRS 48.035 - Exclusion of relevant evidence on grounds of prejudice, confusion or waste of time.

1. Although relevant, evidence is not admissible if its probative value is substantially outweighed by the danger of unfair prejudice, of confusion of the issues or of misleading the jury.
2. Although relevant, evidence may be excluded if its probative value is substantially outweighed by considerations of undue delay, waste of time or needless presentation of cumulative evidence.
3. Evidence of another act or crime which is so closely related to an act in controversy or a crime charged that an ordinary witness cannot describe the act in controversy or the crime charged without referring to the other act or crime shall not be excluded, but at the request of an interested party, a cautionary instruction shall be given explaining the reason for its admission.
(Added to NRS by 1971, 780; A 1979, 37)
2023 Nevada Revised Statutes › Chapter 48 - Admissibility Generally › NRS 48.039 - Testimony of witness who previously underwent hypnosis to recall subject matter of testimony.

1. The testimony of a witness who previously has undergone hypnosis to recall events that are the subject matter of the testimony is admissible if:
(a) The witness, or the parent or guardian of the witness if the witness is a minor, gave informed consent to the hypnosis;
(b) The person who induced the hypnosis is:
(1) A provider of health care;
(2) A clinical social worker who is licensed pursuant to chapter 641B of NRS; or
(3) An officer or employee or former officer or employee of a law enforcement agency,
who is trained in forensic hypnosis and who is not otherwise currently involved in the investigation of a case or action in which the witness is a victim, witness or defendant;
(c) Before the hypnosis was induced, a written record was made that includes, without limitation:
(1) A description of the subject matter of the hypnosis as provided by the witness; and
(2) The information that was provided to the hypnotist concerning the subject matter of the hypnosis;
(d) The entire session at which the hypnosis was induced was electronically recorded by audio or video recording equipment, including, without limitation, any interview that was conducted before or after the hypnosis was induced;
(e) The recording of the entire session at which the hypnosis was induced was made available by the party who produced the witness to each party involved in the case, pursuant to the discovery procedures as provided in NRS 174.235 to 174.295, inclusive, the Nevada Rules of Civil Procedure or the Justice Court Rules of Civil Procedure, depending upon the nature of the proceedings; and
(f) The hypnotist and the witness were the only persons present during the session of hypnosis unless the hypnotist or a law enforcement officer who is investigating the criminal case, if any, determined that it was necessary for one of the following persons to be present during the session:
(1) A parent or guardian of a witness who is a minor; or
(2) An artist employed by a law enforcement agency.
2. The court, on its own motion or that of a party, may exclude the testimony of a person who previously has undergone hypnosis to recall events which are the subject matter of the testimony if the court determines that such testimony is unreliable or is otherwise inadmissible.
3. The court shall instruct the jury to exercise caution when considering the reliability of the testimony of a person who previously has undergone hypnosis to recall events that are the subject matter of the testimony.
4. The provisions of this section do not limit:
(a) The ability of a party to attack the credibility of a witness who previously has undergone hypnosis to recall events that are the subject matter of the witness’s testimony; or
(b) The legal grounds upon which to admit or exclude the testimony of such a witness.
5. As used in this section, "provider of health care" has the meaning ascribed to it in NRS 629.031.
(Added to NRS by 1997, 828)
2023 Nevada Revised Statutes › Chapter 48 - Admissibility Generally › NRS 48.045 - Evidence of character inadmissible to prove conduct; exceptions; other crimes.

1. Evidence of a person’s character or a trait of his or her character is not admissible for the purpose of proving that the person acted in conformity therewith on a particular occasion, except:
(a) Evidence of a person’s character or a trait of his or her character offered by an accused, and similar evidence offered by the prosecution to rebut such evidence;
(b) Evidence of the character or a trait of character of the victim of the crime offered by an accused, subject to the procedural requirements of NRS 48.069 where applicable, and similar evidence offered by the prosecution to rebut such evidence; and
(c) Unless excluded by NRS 50.090, evidence of the character of a witness, offered to attack or support his or her credibility, within the limits provided by NRS 50.085.
2. Evidence of other crimes, wrongs or acts is not admissible to prove the character of a person in order to show that the person acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
3. Nothing in this section shall be construed to prohibit the admission of evidence in a criminal prosecution for a sexual offense that a person committed another crime, wrong or act that constitutes a separate sexual offense. As used in this subsection, "sexual offense" has the meaning ascribed to it in NRS 179D.097.
(Added to NRS by 1971, 781; A 1975, 1131; 2015, 2243)
2023 Nevada Revised Statutes › Chapter 48 - Admissibility Generally › NRS 48.055 - Methods of proving character.

1. In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or in the form of an opinion. On cross-examination, inquiry may be made into specific instances of conduct.
2. In cases in which character or a trait of character of a person is an essential element of a charge, claim or defense, proof of specific instances of the person’s conduct may be made on direct or cross-examination.
(Added to NRS by 1971, 781; A 1979, 25)
2023 Nevada Revised Statutes › Chapter 48 - Admissibility Generally › NRS 48.059 - Habit; routine practice.

1. Evidence of the habit of a person or the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.
2. Habit or routine practice may be proved by testimony in the form of an opinion or by specific instances of conduct sufficient in number to warrant a finding that the habit existed or that the practice was routine.
(Added to NRS by 1971, 781; A 1973, 25)
2023 Nevada Revised Statutes › Chapter 48 - Admissibility Generally › NRS 48.061 - Effects of domestic violence.

1. Except as otherwise provided in subsection 2, evidence of domestic violence and expert testimony concerning the effect of domestic violence, including, without limitation, the effect of physical, emotional or mental abuse, on the beliefs, behavior and perception of the alleged victim of the domestic violence that is offered by the prosecution or defense is admissible in a criminal proceeding for any relevant purpose, including, without limitation, when determining:
(a) Whether a defendant is excepted from criminal liability pursuant to subsection 8 of NRS 194.010, to show the state of mind of the defendant.
(b) Whether a defendant in accordance with NRS 200.200 has killed another in self-defense, toward the establishment of the legal defense.
2. Expert testimony concerning the effect of domestic violence may not be offered against a defendant pursuant to subsection 1 to prove the occurrence of an act which forms the basis of a criminal charge against the defendant.
3. As used in this section, "domestic violence" means the commission of any act described in NRS 33.018.
(Added to NRS by 1993, 1107; A 1995, 2466; 2001, 1698; 2001 Special Session, 123; 2003, 74, 1479; 2015, 787)
2023 Nevada Revised Statutes › Chapter 48 - Admissibility Generally › NRS 48.069 - Previous sexual conduct of victim of sexual assault: Procedure for admission of evidence to prove victim’s consent.

In any prosecution for sexual assault or for attempt to commit or conspiracy to commit a sexual assault, if the accused desires to present evidence of any previous sexual conduct of the victim of the crime to prove the victim’s consent:
1. The accused must first submit to the court a written offer of proof, accompanied by a sworn statement of the specific facts that the accused expects to prove and pointing out the relevance of the facts to the issue of the victim’s consent.
2. If the court finds that the offer of proof is sufficient, the court shall order a hearing out of the presence of the jury, if any, and at the hearing allow the questioning of the victim regarding the offer of proof.
3. At the conclusion of the hearing, if the court determines that the offered evidence:
(a) Is relevant to the issue of consent; and
(b) Is not required to be excluded under NRS 48.035,
the court shall make an order stating what evidence may be introduced by the accused and the nature of the questions which the accused is permitted to ask. The accused may then present evidence or question the victim pursuant to the order.
(Added to NRS by 1975, 1131; A 1977, 1630; 1991, 125)