reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.085 - Oath of grand jurors.

The following oath must be administered to the grand jury:
You, as grand jurors, will diligently inquire into, and true presentment make, of all offenses against the State of Nevada committed or triable within this county, (or city, in the case of Carson City) of which you shall have or can obtain legal evidence. You will keep your own counsel, and that of your fellows and the Government, and will not, except when required in the due course of judicial proceedings, disclose the testimony of any witness examined before you, nor anything which you or any other grand juror may have said, nor the manner in which you or any other grand juror may have voted on any matter before you. You will present no person through malice, hatred, or ill will, nor leave any unpresented through fear, favor, or affection, or for any reward, or the promise or hope thereof; but in all your presentments you will present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding, so help you God.
(Added to NRS by 1967, 1408; A 1969, 316)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.095 - Charges to be given to grand jury by court; district attorney to inform grand jury of specific elements of public offense considered as basis of indictment.

1. The grand jury being impaneled and sworn, must be charged by the court. In doing so, the court shall:
(a) Give the grand jurors such information as is required by law and any other information it deems proper regarding their duties and any charges for public offenses returned to the court or likely to come before the grand jury.
(b) Inform the grand jurors of the provisions of NRS 172.245 and the penalties for its violation.
(c) Give each regular and alternate grand juror a copy of the charges.
(d) Inform the grand jurors that the failure of a person to exercise the right to testify as provided in NRS 172.241 must not be considered in their decision of whether or not to return an indictment.
2. Before seeking an indictment, or a series of similar indictments, the district attorney shall inform the grand jurors of the specific elements of any public offense which they may consider as the basis of the indictment or indictments.
(Added to NRS by 1967, 1408; A 1985, 554, 1028)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.097 - Supervision of grand jury by impaneling judge; limitations on and review of expenditures; monthly statement by county treasurer.

1. The district judge impaneling a grand jury shall supervise its proceedings.
2. The grand jury shall submit an itemized list of its expenditures no less often than every 3 months or a fraction thereof to the judge who impaneled it.
3. The grand jury shall not spend money or incur a debt exceeding the amount of money budgeted for its use unless it first obtains the approval of the judge who impaneled it. The judge shall inform the board of county commissioners of any expenditure or indebtedness the judge so approves.
4. The county treasurer shall provide to the grand jury a monthly statement of its expenditures for the preceding month and the balance remaining of the money appropriated for its use.
(Added to NRS by 1985, 556)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.107 - Limitations on use of grand jury.

A district attorney shall not use a grand jury to discover tangible, documentary or testimonial evidence to assist in the prosecution of a defendant who has already been charged with the public offense by indictment or information.
(Added to NRS by 1985, 1028)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.135 - Evidence receivable before grand jury.

1. In the investigation of a charge, for the purpose of either presentment or indictment, the grand jury can receive no other evidence than such as is given by witnesses produced and sworn before them or furnished by legal documentary evidence or by the deposition of witnesses taken as provided in this title, except that the grand jury may receive any of the following:
(a) An affidavit or declaration from an expert witness or other person described in NRS 50.315 in lieu of personal testimony or a deposition.
(b) An affidavit of an owner, possessor or occupant of real or personal property or other person described in NRS 172.137 in lieu of personal testimony or a deposition.
2. Except as otherwise provided in this subsection, the grand jury can receive none but legal evidence, and the best evidence in degree, to the exclusion of hearsay or secondary evidence. The grand jury can receive hearsay evidence consisting of a statement made by the alleged victim of an offense if the defendant is alleged to have committed 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.
3. A statement made by a witness at any time that is inconsistent with the testimony of the witness before the grand jury may be presented to the grand jury as evidence.
(Added to NRS by 1967, 1409; A 1975, 649; 1983, 1917; 1993, 86, 549; 1999, 164; 2015, 578)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.137 - Use of affidavit before grand jury: 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 grand jury proceeding, the witness’s affidavit may be used at the proceeding 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 grand jury proceeding, 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 proceeding 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. If the defendant has been subpoenaed to appear before the grand jury or if the defendant has requested to testify pursuant to NRS 172.241, the district attorney shall provide either written or oral notice to the defendant, within a reasonable time before the scheduled proceeding of the grand jury, that an affidavit described in this section will be used at the proceeding.
4. If, at or before the time of the proceeding, 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 examined or cross-examined,
the grand jury may request that the district attorney produce the person who signed the affidavit and may continue the proceeding for any time it deems reasonably necessary in order to receive such testimony.
(Added to NRS by 1993, 548; A 1999, 164)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.138 - Use of audiovisual technology to present live testimony before grand jury: Requirements.

1. If a witness resides more than 100 miles from the place of a grand jury proceeding or is unable to attend the grand jury proceeding because of a medical condition, or if good cause otherwise exists, the district judge supervising the proceedings of the grand jury must allow a witness to testify before the grand jury through the use of audiovisual technology.
2. If a witness testifies at the grand jury proceeding through the use of audiovisual technology:
(a) The testimony of the witness must be transcribed by a certified court reporter appointed pursuant to NRS 172.215 in accordance with the provisions of NRS 172.225; and
(b) Before giving testimony, the witness must be sworn and must sign a written declaration, on a form provided by the district judge, 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.
4. As used in this section, "audiovisual technology" includes, without limitation, closed-circuit video and videoconferencing.
(Added to NRS by 2001, 545; A 2015, 579)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.139 - District attorney and grand jury prohibited from questioning attorney regarding matters learned for client or issuing subpoena for work done by attorney for client.

During a grand jury proceeding, the district attorney and the grand jurors shall not:
1. Question an attorney or an attorney’s employee regarding matters which were learned during a legitimate investigation for a client.
2. Issue a subpoena for the production of the private notes or other matters representing work done by the attorney or the attorney’s employee regarding the legal services which the attorney provided for a client.
(Added to NRS by 1985, 1028)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.145 - Defendant entitled to submit statement regarding preliminary hearing which grand jury must receive; grand jury required to hear and district attorney required to submit known evidence which will explain away charge; invitations and issuance of process for witnesses.

1. The grand jury is not bound to hear evidence for the defendant, except that the defendant is entitled to submit a statement which the grand jury must receive providing whether a preliminary hearing was held concerning the matter and, if so, that the evidence presented at the preliminary hearing was considered insufficient to warrant holding the defendant for trial. It is their duty, however, to weigh all evidence submitted to them, and when they have reason to believe that other evidence within their reach will explain away the charge, they shall order that evidence to be produced, and for that purpose may require the district attorney to issue process for the witnesses.
2. If the district attorney is aware of any evidence which will explain away the charge, the district attorney shall submit it to the grand jury.
3. The grand jury may invite any person, without process, to appear before the grand jury to testify.
(Added to NRS by 1967, 1409; A 1985, 555; 2011, 287)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.155 - Degree of evidence to warrant indictment; objection.

1. The grand jury ought to find an indictment when all the evidence before them, taken together, establishes probable cause to believe that an offense has been committed and that the defendant has committed it.
2. The defendant may object to the sufficiency of the evidence to sustain the indictment only by application for a writ of habeas corpus.
(Added to NRS by 1967, 1409; A 1979, 331)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.165 - Grand juror must declare knowledge as to commission of public offense; investigation.

If a member of the grand jury knows or has reason to believe that a public offense has been committed, which is triable within the jurisdiction of the district court which has impaneled such grand jury, the member must declare such knowledge or belief to the member’s fellow jurors, who shall thereupon investigate the alleged offense.
(Added to NRS by 1967, 1409; A 1969, 6)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.175 - Matters into which grand jury shall and may inquire.

1. Each grand jury that is not impaneled for a specific limited purpose shall inquire into:
(a) The case of every person imprisoned in the jail of the county, on a criminal charge, against whom an indictment has not been found or an information or complaint filed.
(b) The condition and management of any public prison located within the county.
(c) The misconduct in office of public officers of every description within the county which may constitute a violation of a provision of chapter 197 of NRS.
2. A grand jury that is not impaneled for another specific limited purpose may inquire into any and all matters affecting the morals, health and general welfare of the inhabitants of the county, or of any administrative division thereof, or of any township, incorporated city, irrigation district or town therein.
(Added to NRS by 1967, 1409; A 1973, 1274; 1985, 556, 701)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.195 - Issuance of subpoenas by grand jury; subpoenaed witnesses must be informed of general nature of inquiry.

1. Except as otherwise provided in NRS 172.139, the grand jury may issue subpoenas, subscribed by the foreman or by the deputy or temporary foreman when acting for the foreman, for witnesses within the State and for the production of books, papers or documents.
2. The grand jury shall orally inform any witness so subpoenaed of the general nature of the grand jury’s inquiry before the witness testifies. Such a statement must be included in the transcript of the proceedings.
(Added to NRS by 1967, 1409; A 1985, 573, 1029)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.197 - Procedure when person subpoenaed to appear before grand jury intends to assert constitutional privilege against self-incrimination.

1. If a person who has been subpoenaed to appear before a grand jury informs the district attorney that the person intends to refuse to testify and to assert the person’s constitutional privilege against self-incrimination, the district attorney shall:
(a) Move for an order of immunity pursuant to NRS 178.572;
(b) Challenge the existence of a valid privilege by filing in any court of record a motion to compel the testimony of the person; or
(c) Withdraw the subpoena.
2. All proceedings which are held on a motion filed pursuant to subsection 1 must be closed.
3. If the existence of the privilege is challenged, the court shall hear the evidence of both parties and determine whether or not a valid privilege exists and to which matters, if any, it extends.
4. The district attorney shall not call a person to testify before a grand jury regarding matters which have been so determined to be within the person’s constitutional privilege against self-incrimination.
(Added to NRS by 1985, 554)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.205 - Power to engage services of skilled persons.

The grand jury shall have the power, with the consent of the board of county commissioners, to engage the services of an attorney other than and in addition to the district attorney, certified public accountants, and such other skilled persons as may be necessary in the performance of its inquisitorial powers.
(Added to NRS by 1967, 1410; A 2017, 3485)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.215 - Certified court reporter: Appointment; compensation; material required for and prohibited from inclusion in notes.

1. Whenever criminal causes are being investigated by the grand jury, it shall appoint a certified court reporter. If the certified court reporter is not an official reporter of the district court, the certified court reporter shall, before entering upon his or her duties, take and subscribe the constitutional oath of office. The certified court reporter is entitled to receive the same compensation for services as an official reporter of the district court.
2. Except as otherwise provided in subsection 3, the certified court reporter shall include in the notes taken of a grand jury proceeding all criminal matters which come before the grand jury including:
(a) The charge by the impaneling judge;
(b) Any subsequent instructions or statements made by the judge;
(c) Each statement made by the district attorney;
(d) Each question asked of and response given by the witnesses who appear before the grand jury; and
(e) Any statements made by the grand jurors during the proceeding.
3. The certified court reporter shall not include in his or her notes:
(a) Any confidential communication between a witness and the witness’s legal counsel, if the legal counsel is allowed to accompany the witness before the grand jury; or
(b) The deliberations and voting of the grand jury.
(Added to NRS by 1967, 1410; A 1973, 1323; 1985, 1029; 1993, 1411)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.225 - Transcripts: Preparation; public record.

1. If an indictment has been found or accusation presented against a defendant, the stenographic reporter shall certify and file with the county clerk an original transcription of his or her notes and a copy thereof and as many additional copies as there are defendants.
2. The reporter shall complete the certification and filing within 10 days after the indictment has been found or the accusation presented unless the court for good cause makes an order extending the time.
3. The county clerk shall:
(a) Deliver a copy of the transcript so filed with the county clerk to the district attorney immediately upon receipt thereof;
(b) Retain one copy for use only by judges in proceedings relating to the indictment or accusation; and
(c) Deliver a copy of the transcript to each defendant who is in custody or has given bail or to the defendant’s attorney.
4. Any defendant to whom a copy has not been delivered is entitled upon motion to a continuance of the defendant’s arraignment until a date 10 days after the defendant actually receives a copy.
5. If several criminal charges against a defendant are investigated on one investigation and thereafter separate indictments are returned or accusations presented upon the several charges, the delivery to the defendant or his or her attorney of one copy of the transcript of the investigation is a compliance with this section as to all of the indictments or accusations.
6. Upon the filing of such a transcript with the county clerk, the transcript and any related physical evidence exhibited to the grand jury become a matter of public record unless the court:
(a) Orders that the presentment or indictment remain secret until the defendant is in custody or has been given bail; or
(b) Upon motion, orders the transcript and evidence to remain secret until further order of the court.
(Added to NRS by 1967, 1410; A 1975, 910; 1983, 359)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.235 - Who may be present when grand jury is in session.

1. Except as otherwise provided in subsection 2, the following persons may be present while the grand jury is in session:
(a) The district attorney;
(b) A witness who is testifying;
(c) An attorney who is accompanying a witness pursuant to NRS 172.239;
(d) Any interpreter who is needed;
(e) The certified court reporter who is taking stenographic notes of the proceeding;
(f) Any person who is engaged by the grand jury pursuant to NRS 172.205; and
(g) Any other person requested by the grand jury to be present.
2. No person other than the jurors may be present while the grand jury is deliberating or voting.
(Added to NRS by 1967, 1410; A 1985, 555; 1993, 1412)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.239 - Legal counsel for certain persons who appear before grand jury.

1. A person whose indictment the district attorney intends to seek or the grand jury on its own motion intends to return may be accompanied by legal counsel during any appearance before the grand jury.
2. The legal counsel who accompanies a person pursuant to subsection 1 may advise his or her client but shall not:
(a) Address directly the members of the grand jury;
(b) Speak in such a manner as to be heard by the members of the grand jury; or
(c) In any other way participate in the proceedings of the grand jury.
3. The court or the foreman of the grand jury may have the legal counsel removed if the legal counsel violates any of the provisions of subsection 2 or in any other way disrupts the proceedings of the grand jury.
4. The district attorney or the foreman of the grand jury shall give a person entitled to legal counsel notice of the provisions of this section at the time the person is served with a subpoena to appear before the grand jury. If such a person is invited without process to appear, the grand jury shall include with the invitation notice of the provisions of this section.
(Added to NRS by 1985, 554)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.241 - Right of certain persons to appear before grand jury; notice of consideration of indictment; withholding of notice; effect of inadequate notice.

1. A person whose indictment the district attorney intends to seek or the grand jury on its own motion intends to return, but who has not been subpoenaed to appear before the grand jury, may testify before the grand jury if the person requests to do so and executes a valid waiver in writing of the person’s constitutional privilege against self-incrimination.
2. A district attorney or a peace officer shall serve reasonable notice upon a person whose indictment is being considered by a grand jury unless the court determines that adequate cause exists to withhold notice. The notice is adequate if it:
(a) Is given to the person, the person’s attorney of record or an attorney who claims to represent the person and gives the person not less than 5 judicial days to submit a request to testify to the district attorney; and
(b) Advises the person that the person may testify before the grand jury only if the person submits a written request to the district attorney and includes an address where the district attorney may send a notice of the date, time and place of the scheduled proceeding of the grand jury.
3. The district attorney may apply to the court for a determination that adequate cause exists to withhold notice if the district attorney:
(a) Determines that the notice may result in the flight of the person whose indictment is being considered, on the basis of:
(1) A previous failure of the person to appear in matters arising out of the subject matter of the proposed indictment;
(2) The fact that the person is a fugitive from justice arising from charges in another jurisdiction;
(3) Outstanding local warrants pending against the person; or
(4) Any other objective factor;
(b) Determines that the notice may endanger the life or property of other persons; or
(c) Is unable, after reasonable diligence, to notify the person.
4. If a district attorney applies to the court for a determination that adequate cause exists to withhold notice, the court shall hold a closed hearing on the matter. Upon a finding of adequate cause, the court may order that no notice be given.
5. If notice required to be served upon a person pursuant to subsection 2 is not adequate, the person must be given the opportunity to testify before the grand jury. If the person testifies pursuant to this subsection, the grand jury must be instructed to deliberate again on all the charges contained in the indictment following such testimony.
(Added to NRS by 1985, 554; A 1991, 1063; 1997, 188; 2015, 580)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.245 - Secrecy of proceedings of grand jury; permitted disclosures; penalty.

1. The disclosure of:
(a) Evidence presented to the grand jury;
(b) Information obtained by the grand jury;
(c) The results of an investigation made by the grand jury; and
(d) An event occurring or a statement made in the presence of the grand jury other than its deliberations and the vote of a juror,
may be made to the district attorney for use in the performance of the district attorney’s duties.
2. Except as otherwise provided in subsection 3, the Attorney General or a member of the Attorney General’s staff, a grand juror, district attorney or member of the district attorney’s staff, peace officer, clerk, stenographer, interpreter, witness or other person invited or allowed to attend the proceedings of a grand jury shall not disclose:
(a) Evidence presented to the grand jury;
(b) An event occurring or a statement made in the presence of the grand jury;
(c) Information obtained by the grand jury; or
(d) The results of an investigation made by the grand jury.
3. A person may disclose his or her knowledge concerning the proceedings of a grand jury:
(a) When so directed by the court preliminary to or in connection with a judicial proceeding;
(b) When permitted by the court at the request of the defendant upon a showing that grounds may exist for a motion to dismiss the presentment or indictment because of matters occurring before the grand jury;
(c) If the person was a witness before the grand jury and is disclosing his or her knowledge of the proceedings to the person’s own attorney; or
(d) As provided in NRS 172.225.
4. No obligation of secrecy may be imposed upon any person except in accordance with this section. The court may direct that a presentment or indictment be kept secret until the defendant is in custody or has been given bail, and the clerk shall seal the presentment or indictment. It is unlawful for any person to disclose the finding of the secret presentment or indictment except when necessary for the issuance and execution of a warrant or summons.
5. A person who violates any of the provisions of this section is guilty of a gross misdemeanor and contempt of court.
6. The Attorney General or district attorney shall investigate and prosecute a violation of this section.
7. The grand jury shall inform each person who appears before the grand jury of the provisions of this section and the penalties for its violation.
(Added to NRS by 1967, 1410; A 1985, 552)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.255 - Finding and return of presentment or indictment; effect of failure to indict.

1. A presentment or indictment may be found only upon the concurrence of 12 or more jurors.
2. The jurors shall vote separately on each person and each count included in a presentment or indictment.
3. The presentment or indictment must be returned by the grand jury to a judge in open court or, in the absence of the judge, to the clerk of the court in open court, who shall determine that 12 or more jurors concurred in finding a presentment or indictment. If the defendant has been held to answer and 12 jurors do not concur in finding a presentment or indictment, the foreman shall so report to the court in writing forthwith.
4. The failure to indict does not prevent the same charge from being again submitted to a grand jury if resubmission is approved by the court.
(Added to NRS by 1967, 1411; A 1971, 208; 1985, 1030)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.259 - Publication of fact that no indictment was issued by grand jury.

After a grand jury investigation is concluded:
1. A person who was the subject of the investigation but against whom an indictment was not returned; or
2. A district attorney, with the permission of that person,
may make public the fact that no indictment was issued as a result of the grand jury’s investigation.
(Added to NRS by 1985, 1028)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.265 - Names of witnesses inserted or endorsed at foot of indictment.

When an indictment is found, the names of the witnesses examined before the grand jury shall be inserted at the foot of the indictment, or endorsed thereon before it is presented to the court.
(Added to NRS by 1967, 1411)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.267 - Report of grand jury: Scope; purpose; limitations.

1. A grand jury may issue a report concerning a matter into which it may lawfully inquire.
2. The report must be issued for the sole purpose of reporting on the matter. The report must not:
(a) Contain material the sole effect of which is to ridicule or abuse a person or otherwise subject the person to public disgrace or embarrassment;
(b) Contain material which is personal in nature and does not relate to any lawful inquiry; or
(c) Accuse a named or unnamed person directly or by innuendo, imputation or otherwise of an act that, if true, constitutes an indictable offense unless the report is accompanied by a presentment or an indictment of the person for the offense mentioned in the report.
3. The judge impaneling a grand jury shall include the provisions of this section in the judge’s charge to the grand jury.
(Added to NRS by 1985, 700)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.269 - Report of grand jury: Inclusion of recommendations to public officers or agencies; criticism must be constructive; positive statement of no indictable activity required, if applicable.

A grand jury may include in its report recommendations to a public officer or agency for actions which will reduce costs, increase efficiency or result in better service to the public. Any criticism made therein must be constructive and made in support of the recommendations. If such recommendations and criticism are included in a report and the report is not accompanied by a related indictment or presentment, the report must include a positive statement that no indictable criminal activity was found.
(Added to NRS by 1985, 701)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.271 - Report of grand jury: Preliminary review by court; notification of identified persons; procedure to expunge improper material; filing and distribution.

1. The grand jury shall submit a draft of the report that it wishes to make to the court which impaneled it.
2. The court shall review its contents and, if it contains any material which violates paragraph (a) of subsection 2 of NRS 172.267, require the grand jury to expunge that material from the draft.
3. The court shall send to any person identified in the draft in violation of paragraph (b) of subsection 2 of NRS 172.267 the pertinent part of the draft and notify the person that the person has been identified in the draft of the report of the grand jury in connection with possible criminal conduct. The person may, within 5 days after receiving the notice and the portion of the draft, submit a written request to the court for a hearing in chambers to consider a motion to expunge that portion of the draft from the final report.
4. The court shall rule on any such motion to expunge material within 20 days after the completion of the hearing on the motion.
5. If the court determines that the draft:
(a) Violates in its entirety a provision of NRS 172.267; or
(b) After the removal of a portion pursuant to NRS 172.267, is so incomplete that it is meaningless,
it shall not file the report with the clerk of the district court but shall file instead a written statement describing, generally, its action and the basis for it.
6. The court shall file either the draft, the draft as corrected or the statement with the clerk of the district court within 60 days after receiving the draft from the grand jury. Upon filing, the draft becomes the final report of the grand jury.
7. Within 5 days after the report is filed, the clerk shall mail a copy of the pertinent portion of the report to each person or governmental entity mentioned in the report.
(Added to NRS by 1985, 701)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.275 - Discharge of grand jury; discharge or excuse of juror.

1. A grand jury shall serve until discharged by the court and may be so discharged at any time after the expiration of 1 year. At any time for cause shown the court may excuse a juror either temporarily or permanently, and in the latter event the court may impanel an alternate grand juror in place of the juror excused.
2. Where the court is composed of more than one judge, any judge may discharge or excuse a juror; but if any other judge notifies the judge so acting, in writing within 24 hours after the action is taken, that the judge objects, the action stands rescinded and is not effective unless the concurrence of a majority of the judges composing the court is obtained.
(Added to NRS by 1967, 1411; A 1985, 557)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.285 - Warrant on presentment.

1. If the court deems that the facts stated in a presentment constitute a public offense triable:
(a) In the district court of the county, it shall direct the clerk to issue a warrant for the arrest of the defendant.
(b) In another court of the county, it shall forward the presentment to such court.
2. The clerk, or justice of the peace in a case forwarded to the justice of the peace, may accordingly at any time thereafter issue a warrant under the signature and seal of the court, if it has a seal.
3. The magistrate before whom the defendant is brought shall proceed to examine the charge contained in the presentment and hold the defendant to answer such charge, or discharge the defendant, in the same manner as upon a warrant of arrest on complaint.
(Added to NRS by 1967, 1411)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.295 - Review by person of person’s prior testimony before testifying before grand jury again.

A person who:
1. Is called to testify before a grand jury; and
2. Has testified regarding the same matter at another time before the same or another grand jury,
may, upon request, review the transcript or recording of the person’s prior testimony before testifying again.
(Added to NRS by 1985, 1028)
2023 Nevada Revised Statutes › Chapter 172 - Proceedings After Commitment and Before Indictment › NRS 172.305 - Failure to disclose subject of grand jury’s inquiry to defendant not cause for dismissal of subsequent presentment or indictment.

A presentment or indictment may not be dismissed on the ground that the specific subject of the inquiry was not disclosed to the defendant pursuant to NRS 172.195 or subsection 5 of NRS 174.315.
(Added to NRS by 1985, 572; A 1993, 118; 2013, 1202)
2023 Nevada Revised Statutes › Chapter 173 - Indictment and Information › NRS 173.025 - Courts may act upon information for all offenses.

The several courts of this state shall have and may exercise the same power and jurisdiction to try and determine prosecutions upon information for crimes, misdemeanors and offenses, to issue writs and process and do all other acts therein as in cases of like prosecution under indictment.
(Added to NRS by 1967, 1412)
2023 Nevada Revised Statutes › Chapter 173 - Indictment and Information › NRS 173.035 - Information may be filed following preliminary examination when accused is bound over or when preliminary examination is waived; when information is filed on affidavit; limitation of time; amended information may include additional charges if plea agreement is rejected or withdrawn.

1. An information may be filed against any person for any offense when the person:
(a) Has had a preliminary examination as provided by law before a justice of the peace, or other examining officer or magistrate, and has been bound over to appear at the court having jurisdiction; or
(b) Has waived the right to a preliminary examination.
2. If, however, upon the preliminary examination the accused has been discharged, or the affidavit or complaint upon which the examination has been held has not been delivered to the clerk of the proper court, the Attorney General when acting pursuant to a specific statute or the district attorney may, upon affidavit of any person who has knowledge of the commission of an offense, and who is a competent witness to testify in the case, setting forth the offense and the name of the person or persons charged with the commission thereof, upon being furnished with the names of the witnesses for the prosecution, by leave of the court first had, file an information, and process must forthwith be issued thereon. The affidavit need not be filed in cases where the defendant has waived a preliminary examination, or upon a preliminary examination has been bound over to appear at the court having jurisdiction.
3. The information must be filed within 15 days after the holding or waiver of the preliminary examination. Each information must set forth the crime committed according to the facts.
4. If, with the consent of the prosecuting attorney, a defendant waives the right to a preliminary examination in accordance with an agreement by the defendant to plead guilty, guilty but mentally ill or nolo contendere to a lesser charge or to at least one, but not all, of the initial charges, the information filed against the defendant pursuant to this section may contain only the offense or offenses to which the defendant has agreed to enter a plea of guilty, guilty but mentally ill or nolo contendere. If, for any reason, the agreement is rejected by the district court or withdrawn by the defendant, the prosecuting attorney may file an amended information charging all of the offenses which were in the criminal complaint upon which the preliminary examination was waived. The defendant must then be arraigned in accordance with the amended information.
(Added to NRS by 1967, 1412; A 1975, 654; 1979, 1093; 1989, 163; 1993, 82; 1995, 2448; 2003, 1456; 2007, 1404)
2023 Nevada Revised Statutes › Chapter 173 - Indictment and Information › NRS 173.045 - District attorney or Attorney General to be informant; endorsement of names of witnesses; affidavits.

1. All informations must be filed in the court having jurisdiction of the offenses specified therein, by the Attorney General when acting pursuant to a specific statute or by the district attorney of the proper county as informant, and his or her name must be subscribed thereto by him or her or by his or her deputy.
2. The district attorney or the Attorney General shall endorse thereon the names of such witnesses as are known at the time of filing the information. The district attorney or Attorney General shall not endorse the name of any witness whom he or she does not reasonably expect to call.
3. In all cases in which the defendant has not had or waived a preliminary examination there must be filed with the information the affidavit of some credible person verifying the information upon the personal knowledge of affiant that the offense was committed.
(Added to NRS by 1967, 1412; A 1975, 655; 1989, 163; 1997, 2365)
2023 Nevada Revised Statutes › Chapter 173 - Indictment and Information › NRS 173.049 - Court clerk may accept information filed electronically; procedure; service.

1. A court clerk may accept an information filed pursuant to this chapter that is filed electronically. An information that is filed electronically must contain an image of the signature of the prosecuting attorney.
2. If a court clerk accepts an information that is filed electronically pursuant to subsection 1, the court clerk shall acknowledge receipt of the information by an electronic time stamp and shall electronically return the information with the electronic time stamp to the prosecuting attorney. An information that is filed and time-stamped electronically pursuant to this section may be converted into a printed document and served upon a defendant in the same manner as an information that is not filed electronically.
(Added to NRS by 1997, 892)
2023 Nevada Revised Statutes › Chapter 173 - Indictment and Information › NRS 173.055 - Duties of district attorney or Attorney General; written statement containing reasons why information not filed.

1. The Attorney General when acting pursuant to a specific statute or the district attorney of the proper county shall inquire into all cases of preliminary examinations as provided by law, concerning the commission of any offense, whether the offenders are committed to jail, recognized or held to bail.
2. If the district attorney or the Attorney General determines in any such case that an information ought not to be filed, the district attorney or Attorney General shall file with the clerk of the court having jurisdiction of the supposed offense a written statement containing the reasons, in fact and in law, for not filing any information in the case. The statement must be filed within 15 days after the holding of the preliminary examination.
(Added to NRS by 1967, 1412; A 1975, 655; 1979, 1093; 1989, 164)
2023 Nevada Revised Statutes › Chapter 173 - Indictment and Information › NRS 173.065 - Judge may require Attorney General to prosecute if district attorney refuses.

The judge of the court having jurisdiction may in extreme cases, upon affidavit filed with the judge of the commission of a crime, require all available evidence to be delivered to the Attorney General for prosecution, if the district attorney refuses to prosecute any person for such crime.
(Added to NRS by 1967, 1413)
2023 Nevada Revised Statutes › Chapter 173 - Indictment and Information › NRS 173.075 - Nature and contents generally.

1. The indictment or the information must be a plain, concise and definite written statement of the essential facts constituting the offense charged. It must be signed by the Attorney General acting pursuant to a specific statute or the district attorney. It need not contain a formal commencement, a formal conclusion or any other matter not necessary to the statement.
2. Allegations made in one count may be incorporated by reference in another count. It may be alleged in a single count that the means by which the defendant committed the offense are unknown or that the defendant committed it by one or more specified means.
3. The indictment or information must state for each count the official or customary citation of the statute, rule, regulation or other provision of law which the defendant is alleged therein to have violated. Error in the citation or its omission is not a ground for dismissal of the indictment or information or for reversal of a conviction if the error or omission did not mislead the defendant to the defendant’s prejudice.
(Added to NRS by 1967, 1413; A 1975, 655; 1989, 164)
2023 Nevada Revised Statutes › Chapter 173 - Indictment and Information › NRS 173.095 - Amendment; notice of habitual criminality, habitually fraudulent felon or habitual felon.

1. The court may permit an indictment or information to be amended at any time before verdict or finding if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced.
2. If an indictment is found charging a primary offense upon which a charge of habitual criminality may be based, the prosecuting attorney may file a notice of habitual criminality with the court. If an indictment is found charging a primary offense upon which a charge of:
(a) Habitually fraudulent felon may be based, the prosecuting attorney shall file a notice of habitually fraudulent felon with the court.
(b) Habitual felon may be based, the prosecuting attorney shall file a notice of habitual felon with the court.
3. The court shall permit an information to be amended pursuant to subsection 4 of NRS 173.035.
(Added to NRS by 1967, 1413; A 1985, 1026; 1993, 82; 1995, 857, 1245)
2023 Nevada Revised Statutes › Chapter 173 - Indictment and Information › NRS 173.105 - Charging defendant by fictitious or erroneous name: Insertion of true name.

When a defendant is charged by a fictitious or erroneous name, and in any stage of the proceedings the defendant’s true name is discovered, it must be inserted in the subsequent proceedings referring to the fact of the defendant’s being charged by the name mentioned in the indictment or information.
(Added to NRS by 1967, 1413)
2023 Nevada Revised Statutes › Chapter 173 - Indictment and Information › NRS 173.115 - Joinder of offenses.

1. Two or more offenses may be charged in the same indictment or information in a separate count for each offense if the offenses charged, whether felonies or gross misdemeanors or both, are:
(a) Based on the same act or transaction; or
(b) Based on two or more acts or transactions connected together or constituting parts of a common scheme or plan.
2. Except as otherwise provided in subsection 3:
(a) A misdemeanor which was committed within the boundaries of a city and which would otherwise be within the jurisdiction of the municipal court must be charged in the same criminal complaint as a felony or gross misdemeanor or both if the misdemeanor is based on the same act or transaction as the felony or gross misdemeanor. A charge of a misdemeanor which meets the requirements of this subsection and which is erroneously included in a criminal complaint that is filed in the municipal court shall be deemed to be void ab initio and must be stricken.
(b) A battery which constitutes domestic violence that is punishable as a misdemeanor pursuant to NRS 200.485 must be charged in the same indictment or information in district court as a felony or gross misdemeanor or both if the battery is based on the same act or transaction as the felony or gross misdemeanor.
3. The provisions of subsection 2 do not apply:
(a) To a misdemeanor based solely upon an alleged violation of a municipal ordinance.
(b) If an indictment is brought or an information is filed in the district court for a felony or gross misdemeanor or both after the convening of a grand jury.
(Added to NRS by 1967, 1413; A 2017, 1242; 2021, 1311)
2023 Nevada Revised Statutes › Chapter 173 - Indictment and Information › NRS 173.125 - Prosecution not required to elect between different offenses or counts; plea of guilty or guilty but mentally ill to one offense does not preclude prosecution for other offenses.

The prosecution is not required to elect between the different offenses or counts set forth in the indictment or information, and a plea of guilty or guilty but mentally ill to one or more offenses charged in the indictment or information does not preclude prosecution for the other offenses.
(Added to NRS by 1967, 1413; A 1995, 2449; 2003, 1457; 2007, 1404)