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2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.168 - Definitions.

"Fresh pursuit" as used in NRS 171.166 to 171.176, inclusive, shall include fresh pursuit as defined by the common law and also the pursuit of a person who has committed a felony or is reasonably suspected of having committed a felony in this state, or who has committed or attempted to commit any criminal offense in this state in the presence of the arresting officer referred to in NRS 171.172 or for whom such officer holds a warrant of arrest for a criminal offense. It shall also include the pursuit of a person suspected of having committed a supposed felony in this state, though no felony has actually been committed, if there is reasonable ground for so believing. Fresh pursuit as used in NRS 171.166 to 171.176, inclusive, shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.
(Added to NRS by 1967, 1404)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.172 - When officer may arrest.

Any peace officer of this state in fresh pursuit of a person who is reasonably believed by the peace officer to have committed a felony in this state or has committed, or attempted to commit, any criminal offense in this state in the presence of such officer, or for whom such officer holds a warrant of arrest, may hold in custody such person anywhere in this state.
(Added to NRS by 1967, 1404)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.174 - Procedure after arrest.

If such an arrest is made in obedience to a warrant, the disposition of the prisoner shall be as in other cases of arrest under a warrant. If the arrest is without a warrant, the prisoner shall without unnecessary delay be taken before a municipal court or a justice of the peace or other magistrate of the county wherein such an arrest was made, and such court shall admit such person to bail, if the offense is bailable, by taking security by way of recognizance for the appearance of such prisoner before the court having jurisdiction of such criminal offense.
(Added to NRS by 1967, 1404)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.177 - When person detained must be taken before magistrate.

Except as otherwise provided in NRS 171.122 and 171.178, whenever any person is detained by a peace officer for any violation of a county, city or town ordinance or a state law which is punishable as a misdemeanor, the person must be taken without unnecessary delay before the proper magistrate, as specified in NRS 171.178 and 171.184, in the following cases:
1. When the person demands an immediate appearance before a magistrate;
2. When the person is detained pursuant to a warrant for the person’s arrest;
3. When the person is arrested by a peace officer; or
4. In any other event when the person is issued a misdemeanor citation by an authorized person and refuses to give a written promise to appear in court as provided in NRS 171.1773.
(Added to NRS by 1973, 156; A 1975, 1200; 1993, 144)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.1771 - Issuance of citation when person detained by peace officer.

1. Except as otherwise provided in subsection 2, whenever any person is detained by a peace officer for any violation of a county, city or town ordinance or a state law which is punishable as a misdemeanor and the person is not required to be taken before a magistrate, the person must be given a misdemeanor citation unless the violation constitutes a repeat offense or a prohibited offense, in which case the person may, in the discretion of the peace officer, either be given a misdemeanor citation or be taken without unnecessary delay before the proper magistrate.
2. A person described in subsection 1 must be taken before the proper magistrate when:
(a) The person does not furnish satisfactory evidence of identity; or
(b) The peace officer has reasonable grounds to believe that:
(1) The person will disregard a written promise to appear in court;
(2) The violation will continue; or
(3) Another person or property is in imminent danger.
(Added to NRS by 1973, 156; A 2021, 3454)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.1772 - Issuance of citation after arrest by private person.

1. Whenever any person is arrested by a private person, as provided in NRS 171.126, for any violation of a county, city or town ordinance or state law which is punishable as a misdemeanor, such person arrested must be issued a misdemeanor citation by a peace officer in lieu of being immediately taken before a magistrate by the peace officer unless the violation constitutes a repeat offense or a prohibited offense, in which case the person arrested may be issued the misdemeanor citation or be immediately taken before a magistrate by the peace officer.
2. The citation described in subsection 1 must not be issued unless:
(a) The person arrested furnishes satisfactory evidence of identity; and
(b) The peace officer has reasonable grounds to believe that:
(1) The person arrested will keep a written promise to appear in court;
(2) The violation will cease; and
(3) Another person or property is not in imminent danger.
(Added to NRS by 1973, 1157; A 1975, 1201; 2001, 2023; 2021, 3454)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.1773 - Form and contents of citation: When person detained by peace officer.

1. Whenever a person is detained by a peace officer for any violation of a county, city or town ordinance or a state law which is punishable as a misdemeanor and the person is not taken before a magistrate as required or permitted by NRS 171.177, 171.1771 or 171.1772, the peace officer must prepare a misdemeanor citation manually or electronically in the form of a complaint issuing in the name of "The State of Nevada" or in the name of the respective county, city or town, containing a notice to appear in court, the name and address of the person, the state registration number of the person’s vehicle, if any, the offense charged, including a brief description of the offense and the NRS or ordinance citation, the time when and place where the person is required to appear in court, and such other pertinent information as may be necessary. The citation must be signed by the peace officer. If the citation is prepared electronically, the officer shall sign the copy of the citation that is delivered to the person charged with the violation.
2. The time specified in the notice to appear must be at least 5 days after the alleged violation unless the person charged with the violation demands an earlier hearing.
3. The place specified in the notice must be before a magistrate, as designated in NRS 171.178 and 171.184.
4. The person charged with the violation may give a written promise to appear in court by signing at least one copy of the misdemeanor citation prepared by the peace officer, in which event the peace officer shall deliver a copy of the citation to the person, and thereupon the peace officer shall not take the person into physical custody for the violation. If the citation is prepared electronically, the officer shall deliver the signed copy of the citation to the person and shall indicate on the electronic record of the citation whether the person charged gave a written promise to appear. A copy of the citation that is signed by the person charged or the electronic record of the citation which indicates that the person charged gave a written promise to appear suffices as proof of service.
(Added to NRS by 1973, 156; A 1991, 16; 1999, 1141; 2021, 3455)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.1774 - Form and contents of citation: When issued after arrest by private person.

1. In those instances described in NRS 171.1772, the peace officer summoned after the arrest shall prepare a misdemeanor citation manually or electronically in the form of a complaint issuing in the name of "The State of Nevada" or in the name of the respective county, city or town, and containing:
(a) A notice to appear in court;
(b) The name and address of the person;
(c) The state registration number of the person’s vehicle, if any;
(d) The offense charged, including a brief description of the offense and the NRS or ordinance citation;
(e) The time when and place where the person is required to appear in court;
(f) Such other pertinent information as may be necessary; and
(g) The signatures of the private person making the arrest and the peace officer preparing the citation.
2. The time specified in the notice to appear must be at least 5 days after the alleged violation unless the person charged with the violation demands an earlier hearing.
3. The place specified in the notice must be before a magistrate, as designated in NRS 171.178 and 171.184.
4. The person charged with the violation may give a written promise to appear in court by signing at least one copy of the misdemeanor citation prepared by the peace officer, in which event the peace officer shall deliver a copy of the citation to the person, and thereupon the peace officer shall not take the person into physical custody for the violation. If the citation is prepared electronically, the officer shall deliver the signed copy of the citation to the person and shall indicate on the electronic record of the citation whether the person charged gave a written promise to appear. A copy of the citation that is signed by the person charged or the electronic record of the citation which indicates that the person charged gave a written promise to appear suffices as proof of service.
(Added to NRS by 1973, 1157; A 1991, 16; 1999, 1142)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.1775 - Preparation of citations: Use of citation book or electronic device; maintenance of records relating to citation book or electronic device.

1. Every county, city or town law enforcement agency in this state shall provide in appropriate form misdemeanor citations containing notices to appear which must meet the requirements of NRS 171.177 to 171.1779, inclusive, and be:
(a) Issued in books; or
(b) Available through an electronic device used to prepare the citations.
2. The chief administrative officer of each law enforcement agency is responsible for the issuance of such books and electronic devices and shall maintain a record of each book, each electronic device and each citation contained therein issued to individual members of the law enforcement agency. The chief administrative officer shall require and retain a receipt for every book and electronic device that is issued.
(Added to NRS by 1973, 157, 1158; A 1991, 17; 1999, 1143)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.17751 - Designation of certain state, county and city officers to prepare, sign and serve citations.

1. Any board of county commissioners or governing body of a city may designate the chief officer of the organized fire department or any employees designated by the chief officer, and certain of its inspectors of solid waste management, building, housing and licensing inspectors, zoning enforcement officers, parking enforcement officers, animal control officers, traffic engineers, marshals and park rangers of units of specialized law enforcement established pursuant to NRS 280.125, and other persons charged with the enforcement of county or city ordinances, to prepare, sign and serve written citations on persons accused of violating a county or city ordinance.
2. The Chief Medical Officer and the health officer of each county, district and city may designate certain employees to prepare, sign and serve written citations on persons accused of violating any law, ordinance or regulation of a board of health that relates to public health.
3. The Administrator of the Housing Division of the Department of Business and Industry may designate certain employees to prepare, sign and serve written citations on persons accused of violating any law or regulation of the Division relating to the provisions of chapters 118B, 461, 461A and 489 of NRS.
4. The State Contractors’ Board may designate certain of its employees to prepare, sign and serve written citations on persons pursuant to subsection 2 of NRS 624.115.
5. An employee designated pursuant to this section:
(a) May exercise the authority to prepare, sign and serve citations only within the field of enforcement in which the employee works;
(b) May, if employed by a city or county, prepare, sign and serve a citation only to enforce an ordinance of the city or county by which the employee is employed; and
(c) Shall comply with the provisions of NRS 171.1773.
(Added to NRS by 1979, 871; A 1981, 564, 858; 1987, 377; 1989, 279; 1993, 81, 1330, 1511, 2515; 1995, 583; 1999, 2966; 2005, 1382; 2017, 3613)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.1776 - Issued citations: Filing with court; disposition of charges by court; unlawful acts; maintenance of records.

1. Every peace officer upon issuing a misdemeanor citation, pursuant to NRS 171.177 to 171.1779, inclusive, to an alleged violator of any provision of a county, city or town ordinance or of a state law which is punishable as a misdemeanor shall file manually or, if the provisions of subsection 2 are satisfied, file electronically the original or a copy of such misdemeanor citation with a court having jurisdiction over the alleged offense.
2. A copy of a misdemeanor citation that is prepared electronically may be filed electronically with a court having jurisdiction over the alleged offense if the court:
(a) Authorizes such electronic filing;
(b) Has the ability to receive and store the citation electronically; and
(c) Has the ability to physically reproduce the citation upon request.
3. Upon the filing of the original or a copy of such misdemeanor citation with a court having jurisdiction over the alleged offense, such original or copy of such misdemeanor citation may be disposed of only by trial in such court or other official action by a judge of such court.
4. It is unlawful and official misconduct for any peace officer or other officer or public employee to dispose of a misdemeanor citation or copies thereof or of the record of the issuance of a misdemeanor citation in a manner other than as required in this section.
5. The chief administrative officer of every county, city or town law enforcement agency shall require the return of a physical copy or electronic record of every misdemeanor citation issued by an officer under the chief administrative officer’s supervision to an alleged misdemeanant and of all physical copies or electronic records of every misdemeanor citation which has been spoiled or upon which any entry has been made and not issued to an alleged misdemeanant.
6. Such chief administrative officer shall also maintain or cause to be maintained in connection with every misdemeanor citation issued by an officer under the chief administrative officer’s supervision a record of the disposition of the charge by the court in which the original or copy of the misdemeanor citation was filed.
(Added to NRS by 1973, 157, 1158; A 1999, 1143)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.1777 - Issued citations: Audit of records.

Every record of misdemeanor citations required by NRS 171.177 to 171.1779, inclusive, shall be audited at least semiannually by the appropriate fiscal officer of the governmental agency to which the law enforcement agency is responsible.
(Added to NRS by 1973, 158, 1159)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.1778 - Citation filed with court deemed complaint for purpose of prosecution.

If the form of citation:
1. Includes information whose truthfulness is attested as required for a complaint charging commission of the offense alleged in the citation to have been committed; or
2. Is prepared electronically,
then the citation when filed with a court of competent jurisdiction shall be deemed to be a lawful complaint for the purpose of prosecution.
(Added to NRS by 1973, 158, 1159; A 1983, 446; 1999, 1144)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.17785 - Effect of violation of written promise to appear; appearance by counsel in lieu of personal appearance authorized.

1. It is unlawful for a person to violate a written promise to appear given to a peace officer upon the issuance of a misdemeanor citation prepared manually or electronically, regardless of the disposition of the charge for which the citation was originally issued.
2. A person may comply with a written promise to appear in court by an appearance by counsel.
3. A warrant may issue upon a violation of a written promise to appear.
(Added to NRS by 1999, 1141)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.1779 - NRS 171.177 to 171.1779, inclusive, not applicable to violations of traffic laws.

The provisions of NRS 171.177 to 171.1779, inclusive, do not apply to those situations in which a person is detained by a peace officer for any violation of chapters 484A to 484E, inclusive, of NRS.
(Added to NRS by 1973, 158, 1159)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.178 - Appearance before magistrate; release from custody by arresting officer.

1. Except as otherwise provided in subsections 5 and 6, a peace officer making an arrest under a warrant issued upon a complaint or without a warrant shall take the arrested person without unnecessary delay before the magistrate who issued the warrant or the nearest available magistrate empowered to commit persons charged with offenses against the laws of the State of Nevada.
2. A private person making an arrest without a warrant shall deliver the arrested person without unnecessary delay to a peace officer. Except as otherwise provided in subsections 5 and 6 and NRS 171.1772, the peace officer shall take the arrested person without unnecessary delay before the nearest available magistrate empowered to commit persons charged with offenses against the laws of the State of Nevada.
3. If an arrested person is not brought before a magistrate within 72 hours after arrest, excluding nonjudicial days, the magistrate:
(a) Shall give the prosecuting attorney an opportunity to explain the circumstances leading to the delay; and
(b) May release the arrested person if the magistrate determines that the person was not brought before a magistrate without unnecessary delay.
4. When a person arrested without a warrant is brought before a magistrate, a complaint must be filed forthwith.
5. Except as otherwise provided in NRS 178.484 and 178.487, where the defendant can be admitted to bail without appearing personally before a magistrate, the defendant must be so admitted with the least possible delay, and required to appear before a magistrate at the earliest convenient time thereafter.
6. A peace officer may immediately release from custody without any further proceedings any person the peace officer arrests without a warrant if the peace officer is satisfied that there are insufficient grounds for issuing a criminal complaint against the person arrested. Any record of the arrest of a person released pursuant to this subsection must also include a record of the release. A person so released shall be deemed not to have been arrested but only detained.
(Added to NRS by 1967, 1404; A 1971, 574; 1975, 1201; 1979, 323, 1190; 1997, 3356; 2001, 2023)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.182 - Proceedings before another magistrate.

If the defendant is brought before a magistrate in the same county, other than the one who issued the warrant, the affidavits and depositions on which the warrant was granted, if the defendant insists upon an examination, must be sent to that magistrate, or, if they cannot be procured, the prosecutor and the prosecutor’s witnesses must be summoned to give their testimony anew.
(Added to NRS by 1967, 1405)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.184 - Proceedings upon complaint for offenses triable in another county.

1. When a complaint is laid before a magistrate of the commission of a public offense triable in another county of the State, but showing that the defendant is in the county where the complaint is laid, the same proceedings must be had as prescribed in this chapter except that the warrant must require the defendant to be taken before the nearest or most accessible magistrate of the county in which the offense is triable, and the depositions of the complainant or prosecutor, and of the witnesses who may have been produced, must be delivered by the magistrate to the officer to whom the warrant is delivered.
2. The officer who executed the warrant must take the defendant before the nearest or most accessible magistrate of the county in which the offense is triable, and must deliver the depositions and the warrant, with the officer’s return endorsed thereon, and the magistrate must then proceed in the same manner as upon a warrant issued by the magistrate.
3. If the offense charged in the warrant issued pursuant to subsection 1 is a misdemeanor, the officer must, upon being required by the defendant, take the defendant before a magistrate of the county in which the warrant was issued, who must admit the defendant to bail, and immediately transmit the warrant, depositions and undertaking to the justice of the peace or clerk of the court in which the defendant is required to appear.
(Added to NRS by 1967, 1405)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.1845 - Proceedings upon discovery of another arrest warrant outstanding in another county.

1. If a person is brought before a magistrate under the provisions of NRS 171.178 or 171.184, and it is discovered that there is a warrant for the person’s arrest outstanding in another county of this State, the magistrate may release the person in accordance with the provisions of NRS 178.4851 if:
(a) The warrant arises out of a public offense which constitutes a misdemeanor; and
(b) The person provides a suitable address where the magistrate who issued the warrant in the other county can notify the person of a time and place to appear.
2. If a person is released under the provisions of this section, the magistrate who releases the person shall transmit the cash, bond, notes or agreement submitted under the provisions of NRS 178.502 or 178.4851, together with the person’s address, to the magistrate who issued the warrant. Upon receipt of the cash, bonds, notes or agreement and address, the magistrate who issued the warrant shall notify the person of a time and place to appear.
3. Any bail set under the provisions of this section must be in addition to and apart from any bail set for any public offense with which a person is charged in the county in which a magistrate is setting bail. In setting bail under the provisions of this section, a magistrate shall set the bail in an amount which is sufficient to induce a reasonable person to travel to the county in which the warrant for the arrest is outstanding.
4. A person who fails to appear in the other county as ordered is guilty of failing to appear and shall be punished as provided in NRS 199.335. A sentence of imprisonment imposed for failing to appear in violation of this section must be imposed consecutively to a sentence of imprisonment for the offense out of which the warrant arises.
(Added to NRS by 1973, 612; A 1981, 1583; 1999, 1844; 2021, 3575)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.186 - Rights of defendant before preliminary examination.

The magistrate or master shall inform the defendant of the complaint and of any affidavit filed therewith, of the right to retain counsel, of the right to request the assignment of counsel if the defendant is unable to obtain counsel, and of the right to have a preliminary examination. The magistrate or master shall also inform the defendant that the defendant is not required to make a statement and that any statement made may be used against him or her. The magistrate shall allow the defendant reasonable time and opportunity to consult counsel, and shall admit the defendant to bail as provided in this title.
(Added to NRS by 1967, 1405; A 1977, 1571)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.188 - Procedure for appointment of attorney for indigent defendant.

1. Any defendant charged with a public offense who is an indigent may, by oral statement to the district judge, justice of the peace, municipal judge or master, request the appointment of an attorney to represent the defendant. The record in each such case must indicate that the defendant was provided an opportunity to make an oral statement and whether the defendant made such a statement or declined to request the appointment of an attorney. If the defendant declined to request the appointment of an attorney, the record must also indicate that the decision to decline was made knowingly and voluntarily and with an understanding of the consequences.
2. The request must be accompanied by the defendant’s affidavit, which must state:
(a) That the defendant is without means of employing an attorney; and
(b) Facts with some particularity, definiteness and certainty concerning the defendant’s financial disability.
3. The district judge, justice of the peace, municipal judge or master shall forthwith consider the application and shall make such further inquiry as he or she considers necessary. If the district judge, justice of the peace, municipal judge or master:
(a) Finds that the defendant is without means of employing an attorney; and
(b) Otherwise determines that representation is required,
the judge, justice or master shall designate the public defender of the county or the State Public Defender, as appropriate, to represent the defendant.
4. If the appropriate public defender is unable to represent the defendant, or other good cause appears, the judge, justice or master shall order the appointment of another attorney and refer the selection of the attorney:
(a) In a county whose population is less than 100,000, to the Department of Indigent Defense Services or its designee in compliance with the plan of the county for the provision of indigent defense services; or
(b) In a county whose population is 100,000 or more, in compliance with the plan of the county for the provision of indigent defense services.
5. The county or State Public Defender must be reimbursed by the city for costs incurred in appearing in municipal court. The county shall reimburse the State Public Defender for costs incurred in appearing in Justice Court, unless the county has transferred the responsibility to provide all indigent defense services for the county to the State Public Defender pursuant to NRS 180.450. If a private attorney is appointed as provided in this section, the private attorney must be reimbursed by the county for appearance in Justice Court or the city for appearance in municipal court.
(Added to NRS by 1967, 1405; A 1969, 478; 1971, 1412; 1973, 357; 1977, 1571; 1983, 901; 2019, 2879; 2021, 2266)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.192 - Certification of bail; discharge of defendant.

On admitting the defendant to bail, the magistrate shall certify on the warrant the fact of having done so, and deliver the warrant and recognizance to the officer having charge of the defendant. The officer shall forthwith discharge the defendant from arrest, and shall, without delay, deliver the warrant and recognizance to the justice of the peace, magistrate or clerk of the court at which the defendant is required to appear.
(Added to NRS by 1967, 1406)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.194 - Procedure when arrest for capital offense.

The defendant, when arrested under a warrant for a capital offense, must be held in custody by the sheriff of the county in which the complaint is filed, unless admitted to bail after an examination or upon a writ of habeas corpus.
(Added to NRS by 1967, 1406)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.196 - Preliminary examination: Waiver; time for conducting; postponement; introduction of evidence and cross-examination of witnesses by defendant; admissibility of hearsay evidence.

1. If an offense is not triable in the Justice Court, the defendant must not be called upon to plead. If the defendant waives preliminary examination, the magistrate shall immediately hold the defendant to answer in the district court.
2. If the defendant does not waive examination, the magistrate shall hear the evidence within 15 days, unless for good cause shown the magistrate extends such time. Unless the defendant waives counsel, reasonable time must be allowed for counsel to appear.
3. Except as otherwise provided in this subsection, if the magistrate postpones the examination at the request of a party, the magistrate may order that party to pay all or part of the costs and fees expended to have a witness attend the examination. The magistrate shall not require a party who requested the postponement of the examination to pay for the costs and fees of a witness if:
(a) It was not reasonably necessary for the witness to attend the examination; or
(b) The magistrate ordered the extension pursuant to subsection 4.
4. If application is made for the appointment of counsel for an indigent defendant, the magistrate shall postpone the examination until:
(a) The application has been granted or denied; and
(b) If the application is granted, the attorney appointed or the public defender has had reasonable time to appear.
5. The defendant may cross-examine witnesses against him or her and may introduce evidence in his or her own behalf.
6. Hearsay evidence consisting of a statement made by the alleged victim of the offense is admissible at a preliminary examination conducted pursuant to this section only if the defendant is charged with one or more of the following offenses:
(a) A sexual offense committed against a child who is under the age of 16 years if the offense is punishable as a felony. As used in this paragraph, "sexual offense" has the meaning ascribed to it in NRS 179D.097.
(b) Abuse of a child pursuant to NRS 200.508 if the offense is committed against a child who is under the age of 16 years and the offense is punishable as a felony.
(c) An act which constitutes domestic violence pursuant to NRS 33.018, which is punishable as a felony and which resulted in substantial bodily harm to the alleged victim.
(Added to NRS by 1967, 1406; A 1971, 159; 1997, 116; 2015, 576)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.1965 - Discovery by defendant before preliminary examination; material subject to discovery; effect of failure to permit discovery.

1. At the time a person is brought before a magistrate pursuant to NRS 171.178, or as soon as practicable thereafter, but not less than 5 judicial days before a preliminary examination, the prosecuting attorney shall provide a defendant charged with a felony or a gross misdemeanor with copies of any:
(a) Written or recorded statements or confessions made by the defendant, or any written or recorded statements made by a witness or witnesses, or any reports of statements or confessions, or copies thereof, within the possession or custody of the prosecuting attorney;
(b) Results or reports of physical or mental examinations, scientific tests or scientific experiments made in connection with the particular case, or copies thereof, within the possession or custody of the prosecuting attorney; and
(c) Books, papers, documents or tangible objects that the prosecuting attorney intends to introduce in evidence during the case in chief of the State, or copies thereof, within the possession or custody of the prosecuting attorney.
2. The defendant is not entitled, pursuant to the provisions of this section, to the discovery or inspection of:
(a) An internal report, document or memorandum that is prepared by or on behalf of the prosecuting attorney in connection with the investigation or prosecution of the case.
(b) A statement, report, book, paper, document, tangible object or any other type of item or information that is privileged or protected from disclosure or inspection pursuant to the Constitution or laws of this State or the Constitution of the United States.
3. The provisions of this section are not intended to affect any obligation placed upon the prosecuting attorney by the Constitution of this State or the Constitution of the United States to disclose exculpatory evidence to the defendant.
4. The magistrate shall not postpone a preliminary examination at the request of a party based solely on the failure of the prosecuting attorney to permit the defendant to inspect, copy or photograph material as required in this section, unless the court finds that the defendant has been prejudiced by such failure.
(Added to NRS by 1997, 2364; A 2009, 486)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.197 - Use of affidavit at preliminary examination: When permitted; notice by district attorney; circumstances under which district attorney must produce person who signed affidavit; continuances.

1. If a witness resides outside this State or more than 100 miles from the place of a preliminary examination, the witness’s affidavit may be used at the preliminary examination if it is necessary for the district attorney to establish as an element of any offense that:
(a) The witness was the owner, possessor or occupant of real or personal property; and
(b) The defendant did not have the permission of the witness to enter, occupy, possess or control the real or personal property of the witness.
2. If a financial institution does not maintain any principal or branch office within this State or if a financial institution that maintains a principal or branch office within this State does not maintain any such office within 100 miles of the place of a preliminary examination, the affidavit of a custodian of the records of the financial institution or the affidavit of any other qualified person of the financial institution may be used at the preliminary examination if it is necessary for the district attorney to establish as an element of any offense that:
(a) When a check or draft naming the financial institution as drawee was drawn or passed, the account or purported account upon which the check or draft was drawn did not exist, was closed or held insufficient money, property or credit to pay the check or draft in full upon its presentation; or
(b) When a check or draft naming the financial institution as drawee was presented for payment to the financial institution, the account or purported account upon which the check or draft was drawn did not exist, was closed or held insufficient money, property or credit to pay the check or draft in full.
3. The district attorney shall provide either written or oral notice to the defendant, not less than 10 days before the scheduled preliminary examination, that the district attorney intends to use an affidavit described in this section at the preliminary examination.
4. If, at or before the time of the preliminary examination, the defendant establishes that:
(a) There is a substantial and bona fide dispute as to the facts in an affidavit described in this section; and
(b) It is in the best interests of justice that the person who signed the affidavit be cross-examined,
the magistrate may order the district attorney to produce the person who signed the affidavit and may continue the examination for any time it deems reasonably necessary in order to receive such testimony.
(Added to NRS by 1993, 548; A 1999, 163)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.1975 - Use of audiovisual technology to present live testimony at preliminary examination: Requirements.

1. If a witness resides more than 100 miles from the place of a preliminary examination or is unable to attend the preliminary examination because of a medical condition, or if good cause otherwise exists, the magistrate must allow the witness to testify at the preliminary examination through the use of audiovisual technology.
2. If a witness testifies at the preliminary examination through the use of audiovisual technology:
(a) The testimony of the witness must be transcribed by a certified court reporter; and
(b) Before giving testimony, the witness must be sworn and must sign a written declaration, on a form provided by the magistrate, which acknowledges that the witness understands that he or she is subject to the jurisdiction of the courts of this state and may be subject to criminal prosecution for the commission of any crime in connection with his or her testimony, including, without limitation, perjury, and that the witness consents to such jurisdiction.
3. Audiovisual technology used pursuant to this section must ensure that the witness may be:
(a) Clearly heard and seen; and
(b) Examined and cross-examined.
4. As used in this section, "audiovisual technology" includes, without limitation, closed-circuit video and videoconferencing.
(Added to NRS by 2001, 543; A 2015, 577)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.198 - Reporting testimony of witnesses.

1. Except as otherwise provided in subsection 2, a magistrate shall employ a certified court reporter to take down all the testimony and the proceedings on the hearing or examination and, within such time as the court may designate, have such testimony and proceedings transcribed into typewritten transcript.
2. A magistrate who presides over a preliminary hearing in a justice court, in any case other than in a case in which the death penalty is sought, may employ a certified court reporter to take down all the testimony and the proceedings on the hearing or appoint a person to use sound recording equipment to record all the testimony and the proceedings on the hearing. If the magistrate appoints a person to use sound recording equipment to record the testimony and proceedings on the hearing, the testimony and proceedings must be recorded and transcribed in the same manner as set forth in NRS 4.390 to 4.420, inclusive. Any transcript of the testimony and proceedings produced from a recording conducted pursuant to this subsection is subject to the provisions of this section in the same manner as a transcript produced by a certified court reporter.
3. When the testimony of each witness is all taken and transcribed by the reporter, the reporter shall certify to the transcript in the same manner as for a transcript of testimony in the district court, which certificate authenticates the transcript for all purposes of this title.
4. Before the date set for trial, either party may move the court before which the case is pending to add to, delete from or otherwise correct the transcript to conform with the testimony as given and to settle the transcript so altered.
5. The compensation for the services of a reporter employed as provided in this section are the same as provided in NRS 3.370, to be paid out of the county treasury as other claims against the county are allowed and paid.
6. Testimony reduced to writing and authenticated according to the provisions of this section must be filed by the examining magistrate with the clerk of the district court of the magistrate’s county, and if the prisoner is subsequently examined upon a writ of habeas corpus, such testimony must be considered as given before such judge or court. A copy of the transcript must be furnished to the defendant and to the district attorney.
7. The testimony so taken may be used:
(a) By the defendant; or
(b) By the State if the defendant was represented by counsel or affirmatively waived his or her right to counsel,
upon the trial of the cause, and in all proceedings therein, when the witness is sick, out of the State, dead, or persistent in refusing to testify despite an order of the judge to do so, or when the witness’s personal attendance cannot be had in court.
(Added to NRS by 1967, 1406; A 1973, 1322; 1987, 911; 1989, 1272; 1993, 75, 1411, 2024; 1995, 570; 2009, 633)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.204 - Exclusion of persons; exceptions.

1. Except as otherwise provided in subsection 2, the magistrate may, if good cause is shown and upon the request of any party or on the magistrate’s own motion, exclude from the examination every person except:
(a) The magistrate’s clerk;
(b) The Attorney General;
(c) The prosecuting attorney;
(d) An investigating officer, after the investigating officer has testified as a prosecuting witness and the investigating officer’s cross-examination has been completed;
(e) Any counsel for the victim;
(f) The victim, after the victim has testified as a prosecuting witness and the victim’s cross-examination has been completed;
(g) The defendant and the defendant’s counsel;
(h) The witness who is testifying;
(i) The officer having the defendant or a witness in the officer’s custody;
(j) An attendant to a witness designated pursuant to NRS 178.571; and
(k) Any other person whose presence is found by the magistrate to be necessary for the proper conduct of the examination.
2. A person who is called as a witness primarily for the purpose of identifying the victim may not be excluded from the examination except in the discretion of the magistrate.
3. As used in this section, "victim" includes any person described in NRS 178.569.
(Added to NRS by 1967, 1407; A 1969, 628; 1983, 891; 1995, 72, 996; 1997, 72, 513)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.206 - Procedure following preliminary examination.

If from the evidence it appears to the magistrate that there is probable cause to believe that an offense has been committed and that the defendant has committed it, the magistrate shall forthwith hold the defendant to answer in the district court; otherwise the magistrate shall discharge the defendant. The magistrate shall admit the defendant to bail as provided in this title. After concluding the proceeding the magistrate shall transmit forthwith to the clerk of the district court all papers in the proceeding and any bail.
(Added to NRS by 1967, 1407)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.208 - Remand for preliminary examination.

If a preliminary examination has not been had and the defendant has not unconditionally waived the examination, the district court may for good cause shown at any time before a plea has been entered or an indictment found remand the defendant for preliminary examination to the appropriate justice of the peace or other magistrate, and the justice or other magistrate shall then proceed with the preliminary examination as provided in this chapter.
(Added to NRS by 1967, 1407; A 1987, 1188)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.005 - Definitions.

As used in this chapter, unless the context otherwise requires:
1. An indictment is an accusation in writing, presented by a grand jury to a competent court, charging a person with a public offense.
2. A presentment is an informal statement in writing, by the grand jury, representing to the court that a public offense has been committed, which is triable within the district, and that there is reasonable ground for believing that a particular person, named or described, has committed it.
(Added to NRS by 1967, 1409)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.015 - Prosecution of public offenses.

Every public offense must be prosecuted by indictment or information, except:
1. Where proceedings are had for the removal of a civil officer.
2. Offenses arising in the militia when in actual service in time of war, or which this State may keep, with the consent of Congress, in time of peace.
3. Offenses tried in municipal or Justice Courts, which shall be prosecuted by complaint.
(Added to NRS by 1967, 1407; A 1969, 20)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.047 - Grand jury impaneled for specific limited purpose.

A district judge may impanel a grand jury to inquire into a specific limited matter among those set forth in NRS 172.175. In that case, the judge shall charge the grand jury as to its limited duties and give it such information as the judge deems necessary. A grand jury that is impaneled for a specific limited purpose shall not inquire into matters not related to that purpose. A grand jury impaneled for a specific limited purpose may be discharged after the grand jury completes its investigation and submits its report. If the grand jury has not completed its investigation and submitted its report within 1 year after it was impaneled, it shall, in a closed hearing, show cause to the judge why it should not be discharged. If the judge determines that it is in the public interest for the grand jury to continue its investigation, the grand jury may continue for a period which does not exceed 1 year.
(Added to NRS by 1985, 556)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.055 - Challenges to grand jury and to grand jurors: How made and tried.

The district attorney or a defendant who has been held to answer in the district court may challenge the array of jurors on the ground that the grand jury was not selected, drawn or summoned in accordance with law, and may challenge an individual juror on the ground that the juror is not legally qualified. Challenges may be oral or in writing and shall be tried by the court.
(Added to NRS by 1967, 1408)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.065 - Motion to dismiss presentment or indictment based on objections to grand jurors.

A motion to dismiss the presentment or indictment may be based on objections to the array or on the lack of legal qualification of an individual juror, if not previously determined upon challenge. A presentment or indictment shall not be dismissed on the ground that one or more members of the grand jury were not legally qualified if it appears from the record kept pursuant to NRS 172.075 that 12 or more jurors, after deducting the number not legally qualified, concurred in finding the presentment or indictment.
(Added to NRS by 1967, 1408)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.075 - Officers of grand jury.

The jury shall elect one of its members to be foreman, another to be deputy foreman and a third to be secretary. The foreman shall have power to administer oaths and affirmations and shall sign all presentments and indictments. The secretary shall keep a record of the number of jurors concurring in the finding of every presentment or indictment and shall file the record with the clerk of the court, but the record shall not be made public except on order of the court. During the absence of the foreman, the deputy foreman shall act as foreman, and if both are absent, the jury shall elect a temporary foreman.
(Added to NRS by 1967, 1408)