Nevada Statute | Act | Code |Title 14 - Procedure In Criminal Cases| US Code - US Statute

Except as
otherwise expressly provided in this chapter, criminal proceedings in
Justice Courts are governed by the provisions of this title.

      (Added to NRS by 1967, 1467)—(Substituted in revision for NRS
185.015)
Any complaint,
upon motion of the defendant, may be dismissed by the justice of the
peace upon any of the following grounds:

      1. That the justice of the peace does not have jurisdiction of the
offense.

      2. That more than one offense is charged in any one count of the
complaint.

      3. That the facts stated do not constitute a public offense.

      (Added to NRS by 1979, 36)—(Substituted in revision for NRS 185.025)

APPEALS TO DISTRICT COURT

Appeal by Defendant
Except as
otherwise provided in NRS 177.015 , a
defendant in a criminal action tried before a justice of the peace may
appeal from the final judgment therein to the district court of the
county where the court of the justice of the peace is held, at any time
within 10 days from the time of the rendition of the judgment.

      [1911 Cr. Prac. § 662; RL § 7512; NCL § 11309]—(NRS A 1995, 1536)

      1. The party intending to appeal must file with the justice and
serve upon the district attorney a notice entitled in the action, setting
forth the character of the judgment, and the intention of the party to
appeal therefrom to the district court.

      2. Stay of judgment pending appeal is governed by NRS 177.105
and 177.115 .

      [1911 Cr. Prac. § 663; RL § 7513; NCL § 11310]—(NRS A 1967, 1467)

      1. The justice shall, within 10 days after the notice of appeal is
filed, transmit to the clerk of the district court the transcript of the
case, all other papers relating to the case and a certified copy of his
docket.

      2. The justice shall give notice to the appellant or his attorney
that the transcript and all other papers relating to the case have been
filed with the clerk of the district court.

      3. If the district judge so requests, before or after receiving
the record, the justice of the peace shall transmit to him the sound
recording of the case.

      [1911 Cr. Prac. § 664; RL § 7514; NCL § 11311]—(NRS A 1973, 631;
1979, 1512)

      1. Except as provided in subsection 2, if the district court finds
that the transcript of a case which was recorded by sound recording
equipment is materially or extensively defective, the case must be
returned for retrial in the Justice Court from which it came.

      2. If all parties to the appeal stipulate to being bound by a
particular transcript of the proceedings in the Justice Court, or
stipulate to a particular change in the transcript, an appeal based on
that transcript as accepted or changed may be heard by the district court
without regard to any defects in the transcript.

      (Added to NRS by 1979, 1512)
An appeal duly
perfected transfers the action to the district court to be judged on the
record.

      [Part 1911 Cr. Prac. § 666; RL § 7516; NCL § 11313]—(NRS A 1979,
1512)

      1. The appeal may be dismissed on either of the following grounds:

      (a) For failure to take the same in time.

      (b) For failure to appear in the district court when required.

      2. If the appeal is dismissed, a copy of the order of dismissal
must be remitted to the justice, who may proceed to enforce the judgment.

      [Part 1911 Cr. Prac. § 666; RL § 7516; NCL § 11313]

      1. An appeal must be dismissed by the district court unless
perfected by application of the defendant, within 60 days after the
appeal is filed in the Justice Court, by having it set for hearing.

      2. If an appeal has been set for hearing and the hearing is
vacated at the request of the appellant, the appeal must be dismissed
unless application is made by the appellant to reset the hearing within
60 days after the date on which the hearing was vacated.

      (Added to NRS by 1965, 376; A 1985, 57, 972)
Any
complaint, upon motion of the defendant, may be dismissed upon any of the
following grounds:

      1. That the justice of the peace did not have jurisdiction of the
offense.

      2. That more than one offense is charged in any one count of the
complaint.

      3. That the facts stated do not constitute a public offense.

      [1911 Cr. Prac. § 667; RL § 7517; NCL § 11314]—(NRS A 1979, 36)

Appeal by State

      1. The State may appeal to the district court from an order of a
Justice Court granting the motion of a defendant to suppress evidence.

      2. Such an appeal shall be taken:

      (a) Within 2 days after the rendition of such an order during a
trial or preliminary examination.

      (b) Within 5 days after the rendition of such an order before a
trial or preliminary examination.

      3. Upon perfecting such an appeal:

      (a) After the commencement of a trial or preliminary examination,
further proceedings in the trial shall be stayed pending the final
determination of the appeal.

      (b) Before trial or preliminary examination, the time limitation
within which a defendant shall be brought to trial shall be extended for
the period necessary for the final determination of the appeal.

      (Added to NRS by 1969, 1079)

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