This title may be known and cited as the
Nevada Criminal Procedure Law.
(Added to NRS by 1967, 1398)
1. This title governs the procedure in the courts of the State of
Nevada and before magistrates in all criminal proceedings.
2. Except as otherwise provided in NRS 62C.330 , this title does not apply to proceedings
against children conducted pursuant to title 5 of NRS.
(Added to NRS by 1967, 1398; A 1981, 1195; 2003, 1118 )
This title is intended to
provide for the just determination of every criminal proceeding. Its
provisions shall be construed to secure simplicity in procedure, fairness
in administration and the elimination of unjustifiable expense and delay.
(Added to NRS by 1967, 1398)
As used in this title, unless the
context otherwise requires, the words and terms defined in NRS 169.049
to 169.205 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1967, 1398; A 1977, 1571; 1997, 2364)
“Case in
chief of the defendant” means the first opportunity of the defendant to
present evidence after the close of the case in chief of the State.
(Added to NRS by 1997, 2364)
“Criminal action” means
the proceedings by which a party charged with a public offense is accused
and brought to trial and punishment. A criminal action is prosecuted in
the name of the State of Nevada, as plaintiff.
(Added to NRS by 1967, 1398)
“Defendant” means the party
prosecuted in a criminal action.
(Added to NRS by 1967, 1398)
“District attorney”
includes any deputy district attorney.
(Added to NRS by 1967, 1398)
“Law” includes statutes and judicial
decisions.
(Added to NRS by 1967, 1398)
“Magistrate” means an officer
having power to issue a warrant for the arrest of a person charged with a
public offense and includes:
1. Justices of the Supreme Court;
2. Judges of the district courts;
3. Justices of the peace;
4. Municipal judges; and
5. Others upon whom are conferred by law the powers of a justice
of the peace in criminal cases.
(Added to NRS by 1967, 1398; A 1983, 901)
“Master” means a person appointed
by the district court to inform defendants of their rights, assign
counsel for indigent defendants and perform other similar administrative
duties assigned by the court.
(Added to NRS by 1977, 1570)
“Month” means a calendar month
unless otherwise expressed.
(Added to NRS by 1967, 1398)
“Oath” includes an affirmation.
(Added to NRS by 1967, 1398)
“Peace officer” includes any
person upon whom some or all of the powers of a peace officer are
conferred pursuant to NRS 289.150 to
289.360 , inclusive.
(Added to NRS by 1967, 1398; A 1969, 55, 1130, 1423; 1971, 255,
2077; 1973, 89, 922, 1583; 1975, 112, 989, 1344; 1977, 858, 1120, 1441;
1979, 127, 280, 902; 1981, 330, 1104, 2008; 1983, 854, 1242; 1985, 246;
1989, 889, 968; 1993, 2527)
“Personal property”
includes money, goods, chattels, things in action and evidences of debt.
(Added to NRS by 1967, 1399)
“Property” includes both real and
personal property.
(Added to NRS by 1967, 1399)
“Public officer” means a
person elected or appointed to a position which:
1. Is established by the constitution or a statute of this State,
or by a charter or ordinance of a political subdivision of this State; and
2. Involves the continuous exercise, as part of the regular and
permanent administration of the government, of a public power, trust or
duty.
(Added to NRS by 1967, 1399)
“Real property” is
coextensive with lands, tenements and hereditaments.
(Added to NRS by 1967, 1399)
“State,” when applied to the
different parts of the United States, includes the District of Columbia
and the territories.
(Added to NRS by 1967, 1399)
1. “Trial” means that portion of a criminal action which:
(a) If a jury is used, begins with the impaneling of the jury and
ends with the return of the verdict, both inclusive.
(b) If no jury is used, begins with the opening statement, or if
there is no opening statement, when the first witness is sworn, and ends
with the closing argument or upon submission of the cause to the court
without argument, both inclusive.
2. “Trial” does not include any proceeding had upon a plea of
guilty to determine the degree of guilt or to fix the punishment.
(Added to NRS by 1967, 1399; A 1995, 2448; 2003, 1456 )
“United States” may include
the District of Columbia, Puerto Rico, territories or insular possessions.
(Added to NRS by 1967, 1399)
1. Writing includes printing and typewriting.
2. Every mode of oral statement, under oath or affirmation, is
embraced by the term “testify,” and every written one in the term
“depose.”
(Added to NRS by 1967, 1399; A 1977, 186)
When a signature of a person is
required by this title, the mark of a person, if he cannot write, shall
be deemed sufficient, the name of the person making the mark being
written near it, and the mark being witnessed by a person who writes his
own name as a witness.
(Added to NRS by 1967, 1399)
The superseding of any law creating a
criminal offense shall not be held to constitute a bar to the prosecution
and punishment of a crime already committed, or to bar the trial and
punishment of a crime where a prosecution has been already begun, for a
violation of the law so superseded, unless the intention to bar such
prosecution and punishment, or trial and punishment where a prosecution
has been already begun is expressly declared in the superseding act.
(Added to NRS by 1967, 1399)
1. In all criminal actions or proceedings where a bond or other
undertaking is required by the provisions of this title or by the Nevada
Rules of Civil Procedure or the Nevada Rules of Appellate Procedure, the
bond or undertaking shall be presented to the clerk, of the court in
which the action or proceeding is pending, for his approval before being
filed or deposited.
2. The clerk of the court may refuse approval of a surety for any
bond or other undertaking if a power of attorney-in-fact, which covers
the agent whose signature appears on the bond or other undertaking, is
not on file with the clerk of the court.
(Added to NRS by 1975, 1196)
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