reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.050 - Interpreters for person with communications disability: Definitions; appointment required in judicial proceedings; compensation; certain persons not required to pay for interpreter.

1. As used in NRS 50.050 to 50.053, inclusive, unless the context requires otherwise:
(a) "Interpreter" means a:
(1) Registered community interpreter; or
(2) Person who is appointed as an interpreter pursuant to subsection 2 of NRS 50.0515.
(b) "Person with a communications disability" means a person who, because the person is deaf or has a physical speaking impairment, cannot readily understand or communicate in the English language or cannot understand the proceedings.
(c) "Registered community interpreter" means a person registered with the Aging and Disability Services Division of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of sign language interpreting in a community setting.
2. In all judicial proceedings in which a person with a communications disability appears as a witness, the court, magistrate or other person presiding over the proceedings shall appoint an interpreter to interpret the proceedings to that person and to interpret the testimony of that person to the court, magistrate or other person presiding.
3. The court, magistrate or other person presiding over the proceedings shall fix a reasonable compensation for the services and expenses of the interpreter appointed pursuant to this section. If the judicial proceeding is civil in nature, the compensation of the interpreter may be taxed as costs, except that the person with a communications disability for whose benefit the interpreter is appointed must not be taxed, charged a fee or otherwise required to pay any portion of the compensation of the interpreter.
4. Claims against a county, municipality, this State or any agency thereof for the compensation of an interpreter in a criminal proceeding or other proceeding for which an interpreter must be provided at public expense must be paid in the same manner as other claims against the respective entities are paid. Payment may be made only upon the certificate of the judge, magistrate or other person presiding over the proceedings that the interpreter has performed the services required and incurred the expenses claimed.
(Added to NRS by 1975, 308; A 1979, 656; 2001, 1774; 2007, 168; 2009, 2368; 2011, 233; 2021, 1538)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.051 - Interpreters for person with communications disability: Appointment required in criminal proceedings.

An interpreter must be appointed at public expense for a person with a communications disability who is a party to or a witness in a criminal proceeding.
(Added to NRS by 1979, 656; A 2001, 1775; 2007, 169)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.0515 - Interpreters for person with communications disability: Appointment of registered community interpreter required; exceptions.

1. Except as otherwise provided in this section, in any judicial or other proceeding in which the court, magistrate or other person presiding over the proceeding is required to appoint an interpreter for a person with a communications disability, the court, magistrate or other person presiding over the proceeding shall appoint a registered community interpreter to interpret the proceeding to that person and to interpret the testimony of that person to the court, magistrate or other person presiding over the proceeding.
2. If a registered community interpreter cannot be found or is otherwise unavailable, or if the appointment of a registered community interpreter will cause a substantial delay in the proceeding, the court, magistrate or other person presiding over the proceeding may, after making a finding to that effect and conducting a voir dire examination of prospective interpreters, appoint any other interpreter that the court, magistrate or other person presiding over the proceeding determines is readily able to communicate with the person with a communications disability, translate the proceeding for him or her, and accurately repeat and translate the statements of the person with a communications disability to the court, magistrate or other person presiding over the proceeding.
(Added to NRS by 2007, 167; A 2021, 1539)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.052 - Interpreters for person with communications disability: Replacement; persons ineligible for appointment; selection and approval by person with communications disability.

1. If an interpreter appointed for a person with a communications disability is not effectively or accurately communicating with or on behalf of the person with a communications disability, and that fact becomes known to the person who appointed the interpreter, another interpreter must be appointed.
2. Unless otherwise agreed upon by the parties, a person may not be appointed as an interpreter of a person with a communications disability in a proceeding if the interpreter is:
(a) The spouse of the person with a communications disability or related to the person; or
(b) Otherwise interested in the outcome of the proceeding or biased for or against one of the parties.
3. Whenever possible, a person with a communications disability must be given an interpreter of his or her choice or one of whom he or she approves.
(Added to NRS by 1979, 656; A 2001, 1775; 2007, 169)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.053 - Interpreters for person with communications disability: Oath; rights and privileges.

1. Before undertaking his or her duties, the interpreter shall swear or affirm that he or she will make a true interpretation in an understandable manner to the person for whom he or she has been appointed, and that he or she will repeat the statements of the person with a communications disability in the English language to the best of his or her ability.
2. While in the proper performance of his or her duties, an interpreter acts in the place of the person with a communications disability and to that extent has all of the rights and privileges of that person for purposes of the proceeding, including access to all relevant material.
(Added to NRS by 1979, 656; A 2001, 1775; 2007, 169)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.054 - Interpreter for person with limited English proficiency: Eligibility; oath; rights and privileges; replacement; payment of claims.

1. Except as otherwise provided by a rule of the Court Administrator adopted pursuant to NRS 1.510 and 1.520, a person shall not act as an interpreter in a proceeding if the interpreter is:
(a) The spouse of a witness;
(b) Otherwise related to a witness;
(c) Biased for or against one of the parties; or
(d) Otherwise interested in the outcome of the proceeding.
2. Before undertaking his or her duties, the interpreter shall swear or affirm that he or she will:
(a) To the best of his or her ability, interpret accurately to the person with limited English proficiency in the language of the person, questions and statements addressed to the person;
(b) Make a true interpretation of the statements of the person with limited English proficiency in an understandable manner; and
(c) Repeat the statements of the person with limited English proficiency to the best of his or her ability.
3. While in the proper performance of his or her duties, an interpreter has the same rights and privileges as the person with limited English proficiency including the right to examine all relevant material, but is not entitled to waive or exercise any of those rights or privileges on behalf of the person with limited English proficiency.
4. If an interpreter appointed for a person with limited English proficiency is not effectively or accurately communicating with or on behalf of the person, and that fact becomes known to the person who appointed the interpreter, another interpreter must be appointed.
5. Claims against a county, municipality, this State or any agency thereof for the compensation of an interpreter in a criminal proceeding or other proceeding for which an interpreter must be provided at public expense must be paid in the same manner as other claims against the respective entities are paid. Payment may be made only upon the certificate of the judge, magistrate or other person presiding over the proceedings that the interpreter has performed the services required and incurred the expense claimed.
6. As used in this section:
(a) "Interpreter" means a person who has a certificate or registration as an interpreter issued by the Court Administrator pursuant to NRS 1.510 and 1.520.
(b) "Person with limited English proficiency" has the meaning ascribed to it in NRS 1.510.
(Added to NRS by 1995, 803; A 2001, 1775; 2007, 169; 2013, 1461; 2017, 1144; 2023, 2609)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.0545 - Interpreter for person with limited English proficiency: Appointment required in criminal proceedings; appointment when certified or registered interpreter not available.

1. An interpreter must be appointed at public expense for a person with limited English proficiency who is a defendant or a witness in a criminal proceeding.
2. If a certified or registered court interpreter is not available, a court shall appoint an interpreter in accordance with the rules adopted pursuant to paragraph (e) of subsection 2 of NRS 1.510.
3. As used in this section:
(a) "Interpreter" means a person who has a certificate or registration as an interpreter issued by the Court Administrator pursuant to NRS 1.510 and 1.520.
(b) "Person with limited English proficiency" has the meaning ascribed to it in NRS 1.510.
(Added to NRS by 2013, 1461; A 2017, 1145; 2023, 2610)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.065 - Competency: Juror as witness.

1. A member of the jury shall not testify as a witness in the trial of the case in which the member of the jury is sitting as a juror. If the member of the jury is called to testify, the opposing party shall be afforded an opportunity to object out of the presence of the jury.
2. Upon an inquiry into the validity of a verdict or indictment:
(a) A juror shall not testify concerning the effect of anything upon the juror’s or any other juror’s mind or emotions as influencing the juror to assent to or dissent from the verdict or indictment or concerning the juror’s mental processes in connection therewith.
(b) The affidavit or evidence of any statement by a juror indicating an effect of this kind is inadmissible for any purpose.
(Added to NRS by 1971, 788)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.067 - Competency: Receipt of certain care or counseling.

1. A person is not incompetent to be a witness solely by reason of the fact that the person or a member of the person’s family has received medical, psychiatric, or psychological care or counseling in connection with the act or event giving rise to the proceeding.
2. Evidence relating to such care or counseling is not inadmissible by reason of this section, if otherwise admissible under the provisions of this title.
(Added to NRS by 1987, 928)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.068 - Competency: Defendant who agrees to testify against another defendant pursuant to plea bargain.

1. A defendant is not incompetent to be a witness solely by reason of the fact that the defendant enters into an agreement with the prosecuting attorney in which the defendant agrees to testify against another defendant in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for a recommendation of a reduced sentence.
2. The testimony of the defendant who is testifying may be admitted whether or not the defendant has entered his or her plea or been sentenced pursuant to the agreement with the prosecuting attorney.
(Added to NRS by 1991, 292; A 1995, 2466; 2003, 1480; 2007, 1436)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.069 - Provision of contract or settlement agreement prohibiting or restricting testimony void and unenforceable under certain circumstances.

1. Except as otherwise provided in NRS 233.190, a provision of a contract or settlement agreement is void and unenforceable if:
(a) The provision prohibits or otherwise restricts a party to the contract or settlement agreement from testifying at a judicial or administrative proceeding when the party has been required or requested to testify at the proceeding pursuant to:
(1) A court order;
(2) A lawful subpoena; or
(3) A written request by an administrative agency; and
(b) The judicial or administrative proceeding described in paragraph (a) concerns another party to the contract or settlement agreement and his or her commission of:
(1) A criminal offense;
(2) An act of sexual harassment, including, without limitation, repeated, unsolicited verbal or physical contact of a sexual nature that is threatening in character;
(3) An act of discrimination on the basis of race, religion, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status, age or sex by an employer or a landlord; or
(4) An act of retaliation by an employer or a landlord against another person for the reporting of discrimination on the basis of race, religion, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status, age or sex.
2. As used in this section:
(a) "Employer" has the meaning ascribed to it in NRS 33.220.
(b) "Landlord" means an owner of real property, or the owner’s representative, who provides a dwelling unit on the real property for occupancy by another for valuable consideration.
(Added to NRS by 2021, 164)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.070 - Termination or threat of termination of employment because of service as witness prohibited; penalty; remedies.

1. Any person, corporation, partnership, association or other entity who is:
(a) An employer; or
(b) The employee, agent or officer of an employer, vested with the power to terminate or recommend termination of employment,
of a person who is a witness or who has received a summons to appear as a witness in a judicial or administrative proceeding, who deprives the witness or person summoned of his or her employment, as a consequence of his or her service as a witness or prospective witness, or who asserts to the witness or person summoned that his or her service as a witness or prospective witness will result in termination of his or her employment, is guilty of a misdemeanor.
2. A person discharged from employment in violation of subsection 1 may commence a civil action against his or her employer and obtain:
(a) Wages and benefits lost as a result of the violation;
(b) An order of reinstatement without loss of position, seniority or benefits;
(c) Damages equal to the amount of the lost wages and benefits; and
(d) Reasonable attorney’s fees fixed by the court.
(Added to NRS by 1981, 366; A 1995, 209)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.085 - Evidence of character and conduct of witness.

1. Opinion evidence as to the character of a witness is admissible to attack or support the witness’s credibility but subject to these limitations:
(a) Opinions are limited to truthfulness or untruthfulness; and
(b) Opinions of truthful character are admissible only after the introduction of opinion evidence of untruthfulness or other evidence impugning the witness’s character for truthfulness.
2. Evidence of the reputation of a witness for truthfulness or untruthfulness is inadmissible.
3. Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness’s credibility, other than conviction of crime, may not be proved by extrinsic evidence. They may, however, if relevant to truthfulness, be inquired into on cross-examination of the witness or on cross-examination of a witness who testifies to an opinion of his or her character for truthfulness or untruthfulness, subject to the general limitations upon relevant evidence and the limitations upon interrogation and subject to the provisions of NRS 50.090.
(Added to NRS by 1971, 789; A 1975, 1132)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.090 - Evidence of previous sexual conduct of victim of sexual assault or statutory sexual seduction inadmissible to challenge victim’s credibility; exceptions.

In any prosecution for sexual assault or statutory sexual seduction or for attempt to commit or conspiracy to commit either crime, the accused may not present evidence of any previous sexual conduct of the victim of the crime to challenge the victim’s credibility as a witness unless the prosecutor has presented evidence or the victim has testified concerning such conduct, or the absence of such conduct, in which case the scope of the accused’s cross-examination of the victim or rebuttal must be limited to the evidence presented by the prosecutor or victim.
(Added to NRS by 1975, 1132; A 1977, 1630; 1991, 126)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.095 - Impeachment by evidence of conviction of crime.

1. For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime is admissible but only if the crime was punishable by death or imprisonment for more than 1 year under the law under which the witness was convicted.
2. Evidence of a conviction is inadmissible under this section if a period of more than 10 years has elapsed since:
(a) The date of the release of the witness from confinement; or
(b) The expiration of the period of the witness’s parole, probation or sentence, whichever is the later date.
3. Evidence of a conviction is inadmissible under this section if the conviction has been the subject of a pardon.
4. Evidence of juvenile adjudications is inadmissible under this section.
5. The pendency of an appeal therefrom does not render evidence of a conviction inadmissible. Evidence of the pendency of an appeal is admissible.
6. A certified copy of a conviction is prima facie evidence of the conviction.
(Added to NRS by 1971, 789; A 1981, 1646)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.115 - Mode and order of interrogation and presentation.

1. The judge shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence:
(a) To make the interrogation and presentation effective for the ascertainment of the truth;
(b) To avoid needless consumption of time; and
(c) To protect witnesses from undue harassment or embarrassment.
2. Cross-examination is limited to the subject matter of the direct examination and matters affecting the credibility of the witness, unless the judge in the exercise of discretion permits inquiry into additional matters as if on direct examination.
3. Except as provided in subsection 4:
(a) Leading questions may not be used on the direct examination of a witness without the permission of the court.
(b) Leading questions are permitted on cross-examination.
4. Except that the prosecution may not call the accused in a criminal case, a party is entitled to call:
(a) An adverse party; or
(b) A witness identified with an adverse party,
and interrogate by leading questions. The attorney for the adverse party may employ leading questions in cross-examining the party or witness so called only to the extent permissible if the attorney had called that person on direct examination.
(Added to NRS by 1971, 789; A 1979, 24)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.125 - Writing used to refresh memory.

1. If a witness uses a writing to refresh his or her memory:
(a) While testifying, an adverse party is entitled:
(1) To have it produced at the hearing;
(2) To inspect it;
(3) To cross-examine the witness thereon; and
(4) To introduce in evidence those portions which relate to the testimony of the witness for the purpose of affecting the witness’s credibility.
(b) Before testifying, if the judge in his or her discretion determines that the interests of justice so require, an adverse party is entitled:
(1) To have it produced at the hearing;
(2) To inspect it;
(3) To cross-examine the witness thereon; and
(4) To introduce in evidence those portions which relate to the testimony of the witness for the purpose of affecting the witness’s credibility.
2. If it is claimed that the writing contains matters not related to the subject matter of the testimony, the judge shall examine the writing in chambers, excise any portions not so related, and order delivery of the remainder to the party entitled thereto. Any portion withheld over objections shall be preserved and made available to the appellate court in the event of an appeal.
3. If a writing is not produced or delivered pursuant to order under this section, the judge shall make any order which justice requires, except that in criminal cases when the State elects not to comply, the order shall be one:
(a) Striking the testimony; or
(b) If the judge in his or her discretion determines that the interests of justice so require, declaring a mistrial.
(Added to NRS by 1971, 790; A 2015, 404)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.135 - Prior statements of witness.

1. In examining a witness concerning a prior statement made by the witness, whether written or not, the statement need not be shown or its contents disclosed to the witness, but on request the statement shall be shown or disclosed to opposing counsel.
2. Extrinsic evidence of a prior contradictory statement by a witness is inadmissible unless:
(a) The statement fulfills all the conditions required by subsection 3 of NRS 51.035; or
(b) The witness is afforded an opportunity to explain or deny the statement and the opposite party is afforded an opportunity to interrogate the witness thereon.
(Added to NRS by 1971, 790)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.145 - Calling and interrogation of witness by judge.

1. The judge may, on his or her own motion or at the suggestion of a party, call witnesses, and all parties are entitled to cross-examine witnesses thus called.
2. The judge may interrogate witnesses, whether called by the judge or by a party. The parties may object to questions so asked and to evidence thus adduced at any time prior to the submission of the cause.
(Added to NRS by 1971, 790)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.155 - Exclusion and sequestration of witnesses.

1. Except as otherwise provided in subsections 2 and 3, at the request of a party the judge shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and the judge may make the order of his or her own motion.
2. This section does not authorize the exclusion of:
(a) A party who is a natural person;
(b) An officer or employee of a party which is not a natural person designated as its representative by its attorney;
(c) A person whose presence is shown by a party to be essential to the presentation of that party’s cause; or
(d) Except as otherwise provided in NRS 171.204, any of the persons listed in subsection 1 of that section.
3. A person who is called as a witness primarily for the purpose of identifying the victim may not be excluded except in the discretion of the judge.
(Added to NRS by 1971, 790; A 1995, 72, 997; 1997, 513)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.165 - Duty to appear and testify.

1. A witness, duly served with a subpoena, shall attend at the time appointed, with any papers under the witness’s control required by the subpoena, to answer all pertinent and legal questions, and, unless sooner discharged, to remain until the testimony is closed.
2. A person present in court or before a judicial officer may be required to testify in the same manner as if the person were in attendance upon a subpoena issued by such court or officer.
(Added to NRS by 1971, 791)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.175 - Witness protected from arrest when attending, going to and returning from court or other place of attendance.

Every person who has been, in good faith, served with a subpoena to attend as a witness before a court, judge, commissioner, master or other person, in a case where the disobedience of the witness may be punished as a contempt, is exonerated from arrest in a civil action while going to the place of attendance, necessarily remaining there, and returning therefrom.
(Added to NRS by 1971, 791)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.185 - Arrest of protected witness void; liability of arresting officer; affidavit of witness.

1. The arrest of a witness contrary to NRS 50.175 is void.
2. An officer is not liable to the party for making the arrest in ignorance of the facts creating the exoneration, but is liable for any subsequent detention of the party, if such party claims the exemption and makes an affidavit, stating:
(a) That he or she has been served with a subpoena to attend as a witness before a court, officer or other person, specifying the same, the place of attendance and the action or proceeding in which the subpoena was issued; and
(b) That he or she has not been thus served by his or her own procurement, with the intention of avoiding an arrest.
(Added to NRS by 1971, 791)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.195 - Penalties for disobedience.

1. Refusal to be sworn or to answer as a witness may be punished as a contempt by the court. In a civil action, if the person so refusing is a party, the court may strike any pleading on the person’s behalf, and may enter judgment against that person.
2. A witness disobeying a subpoena in a civil action shall also forfeit to the party aggrieved the sum of $100 and all damages which the party may sustain by the failure of the witness to attend, which forfeiture and damages may be recovered in a civil action.
3. A witness disobeying a subpoena issued on the part of a defendant in a criminal action shall also forfeit to the defendant the sum of $100, which may be recovered in a civil action, unless good cause can be shown for the witness’s nonattendance.
(Added to NRS by 1971, 791)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.205 - Warrant for arrest of witness failing to attend; appointment of attorney; appearance before court or officer; exceptions for witness who is victim of domestic violence or sexual assault.

1. In case of failure of a witness to attend, the court or officer issuing the subpoena, upon proof of the service thereof and of the failure of the witness, may issue a warrant to the sheriff of the county to arrest the witness and bring the witness before the court or officer where the attendance of the witness was required.
2. Upon the arrest of a witness pursuant to subsection 1, the court or officer issuing the warrant shall appoint an attorney to represent the witness and provide the attorney:
(a) With the last known contact information of the witness; and
(b) Notice of every proceeding.
3. Except as otherwise provided in subsection 4, every witness detained pursuant to a warrant issued pursuant to this section must be brought before the court or officer as soon as practicable but not later than 72 hours after the beginning of the detention. The court or officer shall consider the least restrictive means to secure the presence of the witness and make a determination whether the detention of the witness should continue. If the court determines that the detention of the witness should continue, the court must make written findings stating why detention should continue.
4. A person detained as a witness pursuant to this section who is a victim of domestic violence or sexual assault:
(a) Must be brought before the court or officer as soon as practicable but not later than 24 hours after the beginning of the detention;
(b) May be detained or continue detention pursuant to a determination by telephone; and
(c) To the extent practicable, must have the attorney appointed pursuant to subsection 2 participate in any determination pursuant to this section.
5. The court or officer shall:
(a) Set a schedule for the periodic review of whether detention should continue; and
(b) Schedule the case in which the witness will testify to take place as soon as possible if substantial rights of the defendant are not prejudiced.
6. As used in this section:
(a) "Domestic violence" means the commission of any act described in NRS 33.018.
(b) "Sexual assault" has the meaning ascribed to it in NRS 49.2543.
(Added to NRS by 1971, 791; A 2019, 2270)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.215 - Examination of prisoner as witness; notification of Department of Corrections required.

1. A person imprisoned in the state prison or in a county jail may be examined as a witness in the district court pursuant to this section. The examination may only be made on motion of a party upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality.
2. In a civil action, if the witness is imprisoned in the county where the action or proceeding is pending, production of the witness may be required by the court or judge. In all other cases, examination of the witness, when allowed, must be taken upon deposition.
3. In a criminal action, an order for that purpose may be made by the district court or district judge, at chambers, and executed by the sheriff of the county where the action is pending. Except as otherwise provided by NRS 209.274, the judge may order the sheriff to bring the prisoner before the court at the expense of the State or at the expense of the defendant.
4. If a person imprisoned in the state prison is required or requested to appear as a witness in any action, the Department of Corrections must be notified in writing:
(a) Not less than 7 business days before the date scheduled for the person’s appearance in court if the offender is incarcerated:
(1) In a prison located not more than 65 miles from Carson City;
(2) In a prison located not more than 40 miles from Las Vegas; or
(3) In a prison located not more than 95 miles from Ely.
(b) Not less than 14 business days before the date scheduled for his or her appearance in court if the offender is incarcerated in a prison which is located at a distance which exceeds those specified in paragraph (a).
(Added to NRS by 1971, 791; A 1995, 2596; 2001 Special Session, 214)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.245 - Cases from municipal court brought before district court.

Where criminal or quasi-criminal cases originating in the municipal court of an incorporated city are brought before the district court, the county clerk shall give a statement of the amounts due to witnesses to the district judge, who shall, upon approval thereof, by an order subscribed by the district judge, direct the city treasurer to pay the amounts due. Upon the production of the order, or a certified copy thereof, the city treasurer shall pay the sum specified therein out of any fund in the city treasury not otherwise specially appropriated or set apart. It is not necessary for such an order to be otherwise audited or approved.
(Added to NRS by 1971, 792; A 1987, 550, 1717)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.260 - "Prohibited substance" defined.

As used in NRS 50.260 to 50.350, inclusive, unless the context otherwise requires, "prohibited substance" has the meaning ascribed to it in NRS 484C.080.
(Added to NRS by 1999, 3400; A 2015, 2245)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.265 - Opinions: Lay witnesses.

If the witness is not testifying as an expert, the witness’s testimony in the form of opinions or inferences is limited to those opinions or inferences which are:
1. Rationally based on the perception of the witness; and
2. Helpful to a clear understanding of the testimony of the witness or the determination of a fact in issue.
(Added to NRS by 1971, 793)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.275 - Testimony by experts.

If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by special knowledge, skill, experience, training or education may testify to matters within the scope of such knowledge.
(Added to NRS by 1971, 793)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.285 - Opinions: Experts.

1. The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing.
2. If of a type reasonably relied upon by experts in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence.
(Added to NRS by 1971, 793)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.305 - Disclosure of facts and data underlying expert opinion.

The expert may testify in terms of opinion or inference and give his or her reasons therefor without prior disclosure of the underlying facts or data, unless the judge requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination.
(Added to NRS by 1971, 793)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.310 - Admissibility of affidavit or declaration of laboratory director regarding results of test performed by medical laboratory.

1. The affidavit or declaration of a laboratory director who has qualified in the district court of any county as an expert witness to testify regarding the results of a test of a medical laboratory is admissible in evidence in any civil, criminal or administrative proceeding to prove:
(a) That the affiant or declarant is a laboratory director.
(b) The results of a test that the medical laboratory is licensed to conduct and which is conducted by the medical laboratory of which the affiant or declarant is the laboratory director.
The affidavit or declaration must contain the evidentiary foundation upon which the results of the test are based, including the description of the test, the personnel involved and the controls employed in conducting the test.
2. As used in this section:
(a) "Laboratory director" has the meaning ascribed to it in NRS 652.050.
(b) "Medical laboratory" has the meaning ascribed to it in NRS 652.060.
(Added to NRS by 1993, 248; A 1997, 1418)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.320 - Admissibility of affidavit or declaration of chemist or other expert witness regarding presence in breath, blood or urine of alcohol, controlled substance, chemical, poison, organic solvent or another prohibited substance or regarding identity or quantity of controlled substance possessed.

1. The affidavit or declaration of a chemist and any other person who has qualified in a court of record in this State to testify as an expert witness regarding the presence in the breath, blood or urine of a person of alcohol, a controlled substance, or a chemical, poison, organic solvent or another prohibited substance, or the identity or quantity of a controlled substance alleged to have been in the possession of a person, which is submitted to prove:
(a) The quantity of the purported controlled substance; or
(b) The concentration of alcohol or the presence or absence of a controlled substance, chemical, poison, organic solvent or another prohibited substance, as the case may be,
is admissible in the manner provided in this section.
2. An affidavit or declaration which is submitted to prove any fact set forth in subsection 1 must be admitted into evidence when submitted during any administrative proceeding, preliminary hearing or hearing before a grand jury. The court shall not sustain any objection to the admission of such an affidavit or declaration.
3. The defendant may object in writing to admitting into evidence an affidavit or declaration submitted to prove any fact set forth in subsection 1 during the defendant’s trial. If the defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecuting attorney may cause the person to testify to any information contained in the affidavit or declaration.
4. The Committee on Testing for Intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section.
5. As used in this section, "chemist" means any person employed in a medical laboratory, pathology laboratory, toxicology laboratory or forensic laboratory whose duties include, without limitation:
(a) The analysis of the breath, blood or urine of a person to determine the presence or quantification of alcohol or a controlled substance, chemical, poison, organic solvent or another prohibited substance; or
(b) Determining the identity or quantity of any controlled substance.
(Added to NRS by 1995, 2712; A 1997, 1420; 1999, 443, 2469, 3402; 2001, 172; 2005, 2046; 2007, 397; 2009, 32)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.325 - Procedure for admission of affidavit or declaration of expert or other person to prove existence of alcohol, quantity of controlled substance or existence or identity of controlled substance, chemical, poison, organic solvent or another prohibited substance in prosecution of certain criminal offenses.

1. If a person is charged with an offense listed in subsection 4, and it is necessary to prove:
(a) The existence of any alcohol;
(b) The quantity of a controlled substance; or
(c) The existence or identity of a controlled substance, chemical, poison, organic solvent or another prohibited substance,
the prosecuting attorney may request that the affidavit or declaration of an expert or other person described in NRS 50.315 and 50.320 be admitted into evidence at the preliminary hearing, hearing before a grand jury or trial concerning the offense. Except as otherwise provided in NRS 50.315 and 50.320, the affidavit or declaration must be admitted into evidence at the trial.
2. If the request is to have the affidavit or declaration admitted into evidence at a preliminary hearing or hearing before a grand jury, the affidavit or declaration must be admitted into evidence upon submission. If the request is to have the affidavit or declaration admitted into evidence at trial, the request must be:
(a) Made at least 10 days before the date set for the trial;
(b) Sent to the defendant’s counsel and to the defendant, by registered or certified mail, or personally served on the defendant’s counsel or the defendant; and
(c) Accompanied by a copy of the affidavit or declaration and the name, address and telephone number of the affiant or declarant.
3. The provisions of this section do not prohibit either party from producing any witness to offer testimony at trial.
4. The provisions of this section apply to any of the following offenses:
(a) An offense punishable pursuant to NRS 202.257, 455A.170, 455B.080, 493.130 or 639.283.
(b) An offense punishable pursuant to chapter 453, 484A to 484E, inclusive, or 488 of NRS.
(c) A homicide resulting from driving, operating or being in actual physical control of a vehicle, a power-driven vessel or a sailing vessel under way while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425.
(d) Any other offense for which it is necessary to prove, as an element of the offense:
(1) The existence of any alcohol;
(2) The quantity of a controlled substance; or
(3) The existence or identity of a controlled substance, chemical, poison, organic solvent or another prohibited substance.
(Added to NRS by 1971, 929; A 1973, 891; 1975, 648; 1983, 111, 1084, 1916; 1987, 302, 765, 1546, 1575; 1989, 78, 1908; 1993, 85; 1995, 2714; 1997, 332; 1999, 3402; 2005, 161, 2046; 2007, 398; 2009, 32; 2023, 553)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.330 - Testimony given pursuant to NRS 50.315 or 50.320 may be given by use of simultaneous audiovisual transmission; requirements for use.

Any testimony given pursuant to NRS 50.315 or 50.320 may be given by means of simultaneous audiovisual transmission accomplished through the use of:
1. One or more cameras at a location other than the courtroom that depict the witness in real time so that the defendant, the defendant’s counsel, the prosecutor, the court and the jury, if any, can see the witness in his or her entirety; and
2. One or more cameras in the courtroom that depict the defendant, the defendant’s counsel, the prosecutor, the court and the jury, if any, in real time on a screen visible to the witness who is at another location.
(Added to NRS by 2007, 396)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.345 - Expert testimony to show victim’s behavior or condition is consistent with behavior or condition of victim of sexual assault.

In any prosecution for sexual assault, expert testimony is not inadmissible to show that the victim’s behavior or mental or physical condition is consistent with the behavior or condition of a victim of sexual assault.
(Added to NRS by 1985, 843)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.350 - Expert testimony which concerns behavior of defendant in preparing child or vulnerable person for sexual abuse.

1. In any criminal or juvenile delinquency action, expert testimony offered by the prosecution or defense which concerns the behavior of a defendant in preparing a child under the age of 18 years or a vulnerable person as defined in NRS 200.5092 for sexual abuse by the defendant is admissible for any relevant purpose. Such expert testimony may concern, without limitation:
(a) The effect on the victim from the defendant creating a physical or emotional relationship with the victim before the sexual abuse; and
(b) Any behavior of the defendant that was intended to reduce the resistance of the victim to the sexual abuse or reduce the likelihood that the victim would report the sexual abuse.
2. As used in this section, "sexual abuse" has the meaning ascribed to it in NRS 432B.100.
(Added to NRS by 2015, 2243)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.400 - Applicability to proceedings in civil actions; qualifications, duties and limitations on conduct of attendant; designation of attendant as witness; "victim of an act of domestic violence pursuant to NRS 33.018" defined.

1. In any civil action involving a victim of an act of domestic violence pursuant to NRS 33.018, the victim may designate a person to act as an attendant during any proceeding to provide support to the victim.
2. The victim may designate any person to act as an attendant.
3. An attendant:
(a) Is not required to possess or obtain any special qualifications, such as certification or training, to serve as an attendant pursuant to this section.
(b) Shall be available to provide moral and emotional support to the victim.
(c) Shall be available to assist the victim in feeling more confident that the victim will not be injured or threatened at any time during any proceeding.
(d) Unless otherwise ordered by the court, must be allowed to be present in close proximity to the victim during any proceeding.
4. Unless the attendant is an attorney licensed or otherwise authorized to practice in this State, the attendant shall not provide any legal advice to the victim. Any action taken by the attendant in accordance with this section shall be deemed not to constitute the unauthorized practice of law pursuant to NRS 7.285.
5. The attendant may be designated by a party as a witness and must not be excluded from the proceedings. If a party designates the attendant as a witness, the attendant must be examined and cross-examined before any other witness testifies.
6. For the purposes of this section, "victim of an act of domestic violence pursuant to NRS 33.018" includes any person who alleges that he or she is a victim of an act of domestic violence pursuant to NRS 33.018, regardless of whether or not the alleged perpetrator of the act of domestic violence has been charged with or convicted of any criminal offense related to that act.
(Added to NRS by 2003, 542)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.520 - "Alternative method" defined.

"Alternative method" means a method by which a child witness testifies which does not include all of the following:
1. Having the child testify in person in an open forum;
2. Having the child testify in the presence and full view of the finder of fact and presiding officer; and
3. Allowing all of the parties to be present, to participate and to view and be viewed by the child.
(Added to NRS by 2003, 988)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.540 - "Criminal proceeding" defined.

"Criminal proceeding" means:
1. A trial or hearing before a court in a prosecution of a person charged with violating a criminal law of this State; or
2. A delinquency proceeding which is conducted pursuant to title 5 of NRS.
(Added to NRS by 2003, 988)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.560 - Applicability.

1. The provisions of NRS 50.500 to 50.620, inclusive, apply to the testimony of a child witness in a criminal or noncriminal proceeding.
2. The provisions of NRS 50.500 to 50.620, inclusive, do not preclude:
(a) In a noncriminal proceeding, any other procedure permitted by law for a child witness to testify; or
(b) In a delinquency proceeding which is conducted pursuant to title 5 of NRS, testimony by a child witness in a closed forum as authorized by NRS 62D.010.
(Added to NRS by 2003, 988)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.570 - Hearing to determine whether to allow testimony by alternative method.

1. The presiding officer in a criminal or noncriminal proceeding:
(a) May order a hearing to determine whether to allow a child witness to testify by an alternative method.
(b) For good cause shown, shall order the hearing upon motion of a party, a child witness, or a natural person determined by the presiding officer to have sufficient standing to act on behalf of the child.
2. A hearing to determine whether to allow a child witness to testify by an alternative method must be conducted on the record after reasonable notice to all parties, any nonparty movant, and any other person the presiding officer specifies. The child’s presence is not required at the hearing unless ordered by the presiding officer. In conducting the hearing, the presiding officer is not bound by rules of evidence except the rules of privilege.
(Added to NRS by 2003, 988)
2023 Nevada Revised Statutes › Chapter 50 - Witnesses › NRS 50.580 - Standards for determining whether child witness may testify by alternative method.

1. In a criminal proceeding, the presiding officer may allow a child witness to testify by an alternative method only in the following situations:
(a) The child may testify otherwise than in an open forum in the presence and full view of the finder of fact if the presiding officer finds by clear and convincing evidence that the child would suffer serious emotional trauma that would substantially impair the child’s ability to communicate with the finder of fact if required to testify in the open forum.
(b) The child may testify other than face-to-face with the defendant if the presiding officer finds by clear and convincing evidence that the child would suffer serious emotional trauma that would substantially impair the child’s ability to communicate with the finder of fact if required to be confronted face-to-face by the defendant.
2. In a noncriminal proceeding, the presiding officer may allow a child witness to testify by an alternative method if the presiding officer finds by a preponderance of the evidence that allowing the child to testify by an alternative method is necessary to serve the best interests of the child or enable the child to communicate with the finder of fact. In making this finding, the presiding officer shall consider:
(a) The nature of the proceeding;
(b) The age and maturity of the child;
(c) The relationship of the child to the parties in the proceeding;
(d) The nature and degree of emotional trauma that the child may suffer in testifying; and
(e) Any other relevant factor.
(Added to NRS by 2003, 989)