USA Statutes : nevada
Title : Title 01 - STATE JUDICIAL DEPARTMENT
Chapter : CHAPTER 6 - JURIESRS
Except as otherwise
provided in this section, every qualified elector of the State, whether
registered or not, who has sufficient knowledge of the English language,
and who has not been convicted of treason, a felony, or other infamous
crime, and who is not rendered incapable by reason of physical or mental
infirmity, is a qualified juror of the county in which he resides. A
person who has been convicted of a felony is not a qualified juror of the
county in which he resides until his civil right to serve as a juror has
been restored pursuant to NRS 176A.850 , 179.285 ,
213.090 , 213.155 or 213.157 .
[1:65:1873; A 1881, 23; BH § 3788; C § 3867; RL § 4929; NCL §
8476]—(NRS A 2003, 2690 )
1. Except as otherwise provided in subsections 2 and 3 and NRS
67.050 , upon satisfactory proof, made
by affidavit or otherwise, the following-named persons, and no others,
are exempt from service as grand or trial jurors:
(a) While the Legislature is in session, any member of the
Legislature or any employee of the Legislature or the Legislative Counsel
Bureau; and
(b) Any person who has a fictitious address pursuant to NRS 217.462
to 217.471 , inclusive.
2. All persons of the age of 70 years or over are exempt from
serving as grand or trial jurors. Whenever it appears to the satisfaction
of the court, by affidavit or otherwise, that a juror is over the age of
70 years, the court shall order the juror excused from all service as a
grand or trial juror, if the juror so desires.
3. A person who is the age of 65 years or over who lives 65 miles
or more from the court is exempt from serving as a grand or trial juror.
Whenever it appears to the satisfaction of the court, by affidavit or
otherwise, that a juror is the age of 65 years or over and lives 65 miles
or more from the court, the court shall order the juror excused from all
service as a grand or trial juror, if the juror so desires.
[360:63:1947; 1943 NCL § 6084.370] + [9:65:1873; A 1875, 137; 1877,
176; 1881, 155; 1893, 31; 1895, 51; 1915, 84; 1917, 32; 1921, 29; 1925,
101; 1927, 113; 1939, 169; 1931 NCL § 8479] + [1:17:1889; C § 3880; RL §
4941; NCL § 8488]—(NRS A 1965, 347; 1967, 1278; 1969, 208, 1422; 1971,
312; 1977, 856; 1981, 687; 1983, 100, 1360; 1997, 187; 1999, 162 ; 2001, 754 ; 2001 Special Session, 207 , 249 ; 2003, 289 , 1347 )
1. The court may at any time temporarily excuse any juror on
account of:
(a) Sickness or physical disability.
(b) Serious illness or death of a member of his immediate family.
(c) Undue hardship or extreme inconvenience.
(d) Public necessity.
Ê A person temporarily excused shall appear for jury service as the court
may direct.
2. The court shall permanently excuse any person from service as a
juror if he is incapable, by reason of a permanent physical or mental
disability, of rendering satisfactory service as a juror. The court may
require the prospective juror to submit a physician’s certificate
concerning the nature and extent of the disability and the certifying
physician may be required to testify concerning the disability when the
court so directs.
[10:65:1873; B § 1060; BH § 3797; C § 3871; RL § 4933; NCL §
8480]—(NRS A 1977, 294)
Any
person summoned as provided in this chapter to serve as a juror, who
fails to attend and serve as a juror, shall, unless excused by the court,
be ordered by the court to appear and show cause for his failure to
attend and serve as a juror. If he fails to show cause, he is in contempt
and shall be fined not more than $500.
[11:65:1873; B § 1061; BH § 3798; C § 3872; RL § 4934; NCL §
8481]—(NRS A 1967, 528; 1977, 294)
SELECTION OF TRIAL JURORS BY JURY COMMISSIONER
1. The district court may by rule of court designate the clerk of
the court, one of his deputies or another person as a jury commissioner,
and may assign to the jury commissioner such administrative duties in
connection with trial juries and jurors as the court finds desirable for
efficient administration.
2. If a jury commissioner is so selected, he shall from time to
time estimate the number of trial jurors which will be required for
attendance on the district court and shall select that number from the
qualified electors of the county not exempt by law from jury duty,
whether registered as voters or not. The jurors may be selected by
computer whenever procedures to assure random selection from computerized
lists are established by the jury commissioner. The jury commissioner
shall keep a record of the name, occupation and address of each person
selected.
3. The jury commissioner shall not select the name of any person
whose name was selected the previous year, and who actually served on the
jury by attending in court in response to the venire from day to day
until excused from further attendance by order of the court, unless there
are not enough other suitable jurors in the county to do the required
jury duty.
(Added to NRS by 1963, 386; A 1967, 981; 1969, 1530; 1975, 911;
1979, 498; 1981, 555; 1989, 1644; 2003, 1347 )
SELECTION OF TRIAL JURORS BY COUNTY COMMISSIONERS
1. In counties where there is no jury commissioner, the district
court, before the board of county commissioners of the county holds its
first regular meeting in each year, and from time to time thereafter as
may be required, shall estimate as nearly as possible the number of trial
jurors that will be required for attendance on the district court of the
county for a period of not more than 1 year, and shall by an order
entered in its minutes notify the board of that number of jurors and
period. The board at its next regular meeting after receipt of the order
shall select from the qualified electors of the county, whether
registered or unregistered, not exempt by law from jury duty, such number
of qualified electors as the court has estimated to be necessary.
2. The board shall transmit to the county clerk, who shall keep a
record thereof in his office, the name, occupation and address of each
person so selected.
[1:25:1885; A 1895, 51; C § 3875; RL § 4937; NCL § 8484]—(NRS A
1967, 982; 1981, 326)
The
names so selected shall at the same time be written on separate slips of
paper and deposited in a box, to be provided and kept for that purpose
and known as the jury box. The box, when not in use as herein provided,
shall be kept securely locked by the county clerk.
[2:25:1885; BH § 3803; C § 3876; RL § 4938; NCL § 8485]
When a
juror drawn is not summoned or fails to appear, or after appearing is
excused by the judge from serving, his name shall be returned to the box
to be drawn again. The board of county commissioners shall not select the
name of any person whose name was selected the previous year, and who
actually served on the jury by attending in court in response to the
venire from day to day until excused from further attendance by order of
the court, unless there be not enough other suitable jurors in the county
to do the required jury duty.
[3:25:1885; A 1915, 172; 1919 RL § 4939; NCL § 8486]
1. When all the names in the jury box have been exhausted, or
there are not enough therein to complete the next panel that may be
drawn, the district judge shall certify the same to the board of county
commissioners, together with a statement of the number of additional
names that will be required, and the board shall thereupon proceed and
select such required number of jurors in the manner provided in NRS 6.050
and 6.060 , and thereafter trial jurors may be drawn
therefrom as before.
2. It shall at all times be in the discretion of the court, with
the consent of all parties litigant to the action or actions to be tried
thereby, either to draw the names of the jurors from the box or to issue
an open venire directed to the sheriff, requiring him to summon, either
immediately or for a day fixed, from the citizens of the county, but not
from the bystanders, such number of persons having the qualifications of
jurors as may be needed. The persons thus summoned shall be as competent
trial jurors in all respects as if drawn from the jury box.
[4:25:1885; A 1887, 121; C § 3878; RL § 4940; NCL § 8487]
FORMATION OF PANEL OF TRIAL JURORS
1. To constitute a regular panel of trial jurors for the district
court in a county in which the board of county commissioners selects
jurors on an annual basis, such number of names as the district judge may
direct must be drawn from the jury box. The district judge shall make and
file with the county clerk an order that a regular panel of trial jurors
be drawn, and the number of jurors to be drawn must be named in the
order. The drawing must take place in the office of the county clerk,
during regular office hours, in the presence of all persons who may
choose to witness it. The panel must be drawn by the district judge and
clerk, or, if the district judge so directs, by any one of the county
commissioners of the county and the clerk. If the district judge directs
that the panel be drawn by one of the county commissioners of the county
and the clerk, the district judge shall make and file with the clerk an
order designating the name of the county commissioner and fixing the
number of names to be drawn as trial jurors and the time at which the
persons whose names are so drawn are required to attend in court.
2. The drawing, for jurors drawn pursuant to subsection 1, must be
conducted as follows:
(a) The number to be drawn having been previously determined by the
district judge, the box containing the names of the jurors must first be
thoroughly shaken. It must then be opened and the district judge and
clerk, or one of the county commissioners of the county and the clerk, if
the district judge has so ordered, shall alternately draw therefrom one
ballot until of nonexempt jurors the number determined upon is obtained.
(b) If the officers drawing the jury deem that the attendance of
any juror whose name is drawn cannot be obtained conveniently and
inexpensively to the county, by reason of the distance of his residence
from the court or other cause, his name may be returned to the box and in
its place the name of another juror drawn whose attendance the officers
may deem can be obtained conveniently and inexpensively to the county.
(c) A list of the names obtained must be made out and certified by
the officers drawing the jury. The list must remain in the clerk’s office
subject to inspection by any officer or attorney of the court, and the
clerk shall immediately issue a venire.
3. Whenever trial jurors are selected by a jury commissioner, the
district judge may direct him to summon and assign to that court the
number of qualified jurors he determines to be necessary for the
formation of the petit jury. The jurors may be selected by computer
whenever procedures to assure random selection from computerized lists
have been established by the jury commissioner.
4. Every person named in the venire must be served by the sheriff
personally or by the sheriff or the jury commissioner by mailing a
summons to the person, commanding him to attend as a juror at a time and
place designated therein. Mileage is allowed only for personal service.
The postage must be paid by the sheriff or the jury commissioner, as the
case may be, and allowed him as other claims against the county. The
sheriff shall make return of the venire at least the day before the day
named for their appearance, after which the venire is subject to
inspection by any officer or attorney of the court.
[4:65:1873; A 1879, 33; 1881, 26; 1915, 167; 1919 RL § 4930; NCL §
8477]—(NRS A 1959, 763; 1960, 435; 1965, 27; 1979, 462; 1981, 555)
DISCHARGE OF EXCESS TRIAL JURORS
When at any time
there shall be a larger number of trial jurors in attendance upon any
court than are required for the business of the court, or for the time
being, the court may discharge or excuse, temporarily, a sufficient
number of those who have served longest to reduce the panel to the number
required.
[1:82:1875; BH § 3801; C § 3879; RL § 4936; NCL § 8483]
IMPANELING GRAND JURIES
1. In any county having a population of 100,000 or more, the
selection of persons as proposed grand jurors must be made in the manner
prescribed in this section upon notice from any district judge as often
as the public interest may require and at least once in each 4 years. The
clerk of the court under the supervision of the district judge presiding
over the impaneling of the grand jury shall select at random the names of
at least 500 qualified persons to be called as prospective grand jurors.
The clerk shall then prepare and mail to each person whose name was
selected a questionnaire prepared by the district judge stating the
amount of pay, the estimated time required to serve and the duties to be
performed. Each recipient of the questionnaire must be requested to
complete and return the questionnaire, indicating thereon his willingness
and availability to serve on the grand jury. The clerk shall continue the
selection of names and mailing of questionnaires until a panel of 100
persons who are willing to serve is established.
2. A list of the names of persons who indicated their willingness
to serve as grand jurors must be made by the clerk of the court and a
copy furnished to each district judge. The district judges shall meet
within 15 days thereafter and shall, in order of seniority, each select
one name from the list until 50 persons have been selected. A list of the
names of the persons selected as proposed grand jurors must be made by
the clerk, certified by the district judges making the selection and
filed in the clerk’s office. The clerk shall immediately issue a venire,
directed to the sheriff of the county, commanding him to summon the
proposed grand jurors to attend in court at such time as the district
judge directs.
3. The sheriff shall summon the proposed grand jurors, and the
district judge presiding over the impaneling of the grand jury shall
select at random from their number 17 persons to constitute the grand
jury and 12 persons to act as alternate grand jurors. If for any reason
eight or more proposed grand jurors fail to appear, additional proposed
grand jurors sufficient to complete the panel of grand jurors and
alternates must be selected from the list of prospective grand jurors by
the district judge presiding over the impaneling, and the persons so
selected must be summoned to appear in court at such time as he directs.
4. Every person named in the venire as a grand juror must be
served by the sheriff mailing a summons to the person commanding him to
attend as a juror at a time and place designated therein. The summons
must be registered or certified and deposited in the post office
addressed to the person at his usual mailing address. The receipt of the
person so addressed for the registered or certified summons must be
regarded as personal service of the summons upon him and no mileage may
be allowed for service. The postage and fee for registered or certified
mail must be paid by the sheriff and allowed him as other claims against
the county.
5. If for any reason a person selected as a grand juror is unable
to serve on the grand jury until the completion of its business, the
district judge shall select one of the alternate grand jurors to serve in
his place. An alternate must be served by the sheriff in the manner
provided in subsection 4.
[Part 8:65:1873; A 1879, 33; 1881, 26; 1915, 167; 1919, 377; 1927,
220; 1929, 45; 1943, 178; 1949, 513; 1943 NCL § 8478]—(NRS A 1959, 764;
1961, 403; 1965, 248; 1969, 313; 1973, 341, 1271; 1979, 293, 499; 1981,
332; 1983, 382; 1985, 1030)
1. In any county having a population of less than 100,000, the
county clerk under the supervision of the district judge, shall randomly
select the names of 50 qualified persons to serve as prospective grand
jurors. The county clerk shall then prepare and mail to each person whose
name was selected a questionnaire drawn up by the district judge or
presiding district judge, where applicable, stating the amount of pay,
the estimated time required to serve, and the duties to be performed.
Each recipient of the questionnaire shall be requested to return the
questionnaire, indicating on it his willingness to serve on the jury. The
county clerk shall continue the selection of names and mailing of
questionnaires until a panel of 36 persons who are willing to serve is
established. The requirement of subsection 1 of NRS 6.110 that a grand jury must be called at least once
in every 4 years does not apply to the county unless the district judge
otherwise directs. A list of the names of the 36 persons who indicate
their willingness to serve as grand jurors must be made and certified by
the county clerk and filed in the county clerk’s office, and the clerk
shall immediately issue a venire, directed to the sheriff of the county,
commanding him to summon the persons willing to serve as grand jurors to
attend in court at such time as the district judge may have directed.
2. The sheriff shall summon the grand jurors, and out of the
number summoned each district judge in rotation according to seniority,
shall select one name from the venire until 17 persons to constitute the
grand jury and 12 persons to act as alternate grand jurors are chosen.
3. Every person named in the venire as a grand juror shall be
served by the sheriff mailing a summons to that person commanding him to
attend as a juror at a time and place designated therein, which summons
shall be registered or certified and deposited in the post office
addressed to the person at his usual post office address. The receipt of
the person addressed for the registered or certified summons must be
regarded as personal service of the summons upon that person and no
mileage may be allowed for service. The postage and fee for registered or
certified mail must be paid by the sheriff and allowed him as other
claims against the county.
4. If for any reason a person selected as a grand juror is unable
to serve on the grand jury until the completion of its business, the
district judge shall select one of the alternate grand jurors to serve in
his place. The alternate shall be served by the sheriff in the manner
provided in subsection 3.
[Part 8a:65:1873; added 1949, 513; 1943 NCL § 8478.01]—(NRS A 1959,
765; 1961, 404; 1969, 95; 1973, 1272; 1979, 500; 1981, 333; 1985, 1031)
1. In any county, if the statute of limitations has not run
against the person offending, the district judge may summon a grand jury
after an affidavit or verified petition by any taxpayer of the county
accompanied by and with corroborating affidavits of at least two
additional persons has been filed with the clerk of the district court,
setting forth reasonable evidence upon which a belief is based that there
has been a misappropriation of public money or property by a public
officer, past or present, or any fraud committed against the county or
state by any officer, past or present, or any violation of trust by any
officer, past or present. The district judge shall act upon the affidavit
or petition within 5 days. If he fails or refuses to recall or summon a
grand jury, the affiant or petitioner may proceed as provided in NRS
6.140 .
2. If there is a grand jury in recess, the court shall recall that
grand jury. If there is not a grand jury in recess, a new grand jury must
be summoned.
[Part 8:65:1873; A 1879, 33; 1881, 26; 1915, 167; 1919, 377; 1927,
220; 1929, 45; 1943, 178; 1949, 513; 1943 NCL § 8478] + [Part 8a:65:1873;
added 1949, 513; 1943 NCL § 8478.01]—(NRS A 1961, 674; 1967, 863, 1468;
1985, 1032; 2001, 751 )
1. A committee of petitioners consisting of five registered voters
may commence a proceeding to summon a grand jury pursuant to this section
by filing with the clerk of the district court an affidavit that contains
the following information:
(a) The name and address of each registered voter who is a member
of the committee.
(b) The mailing address to which all correspondence concerning the
committee is to be sent.
(c) A statement that the committee will be responsible for the
circulation of the petition and will comply with all applicable
requirements concerning the filing of a petition to summon a grand jury
pursuant to this section.
(d) A statement explaining the necessity for summoning a grand jury
pursuant to this section.
2. A petition to summon a grand jury must be filed with the clerk
by a committee of petitioners not later than 180 days after an affidavit
is filed pursuant to subsection 1. The petition must contain:
(a) The signatures of registered voters equal in number to at least
25 percent of the number of voters voting within the county at the last
preceding general election. Each signature contained in the petition:
(1) May only be obtained after the affidavit required
pursuant to subsection 1 is filed;
(2) Must be executed in ink; and
(3) Must be followed by the address of the person signing
the petition and the date on which the person is signing the petition.
(b) A statement indicating the number of signatures of registered
voters which were obtained by the committee and which are included in the
petition.
(c) An affidavit executed by each person who circulated the
petition which states that:
(1) The person circulated the petition personally;
(2) At all times during the circulation of the petition, the
affidavit filed pursuant to subsection 1 was affixed to the petition;
(3) Each signature obtained by the person is genuine to the
best of his knowledge and belief and was obtained in his presence; and
(4) Each person who signed the petition had an opportunity
before signing the petition to read the entire text of the petition.
3. A petition filed pursuant to this section may consist of more
than one document, but all documents that are included as part of the
petition must be assembled into a single instrument for the purpose of
filing. Each document that is included as part of the petition must be
uniform in size and style and must be numbered.
4. A person shall not misrepresent the intent or content of a
petition circulated or filed pursuant to this section. A person who
violates the provisions of this subsection is guilty of a misdemeanor.
5. The clerk shall issue a receipt following the filing of a
petition pursuant to this section. The receipt must indicate the number
of:
(a) Documents included in the petition;
(b) Pages in each document; and
(c) Signatures which the committee indicates were obtained and
which are included in the petition.
6. Within 20 days after a petition is filed pursuant to this
section, the clerk shall:
(a) Prepare a certificate indicating whether the petition is
sufficient or insufficient, and if the petition is insufficient, include
in the certificate the reasons for the insufficiency of the petition; and
(b) Transmit a copy of the certificate to the committee by
certified mail.
7. A petition must not be certified as insufficient for lack of
the required number of valid signatures if, in the absence of other proof
of disqualification, any signature on the face thereof does not exactly
correspond with the signature appearing on the official register of
voters and the identity of the signer can be ascertained from the face of
the petition.
8. If a petition is certified as:
(a) Sufficient, the clerk shall promptly present a copy of the
certificate to the court, and the court shall summon a grand jury. If
there is a grand jury in recess, the court shall recall that grand jury.
If there is not a grand jury in recess, a new grand jury must be summoned.
(b) Insufficient, the committee may, within 2 days after receipt of
the copy of the certificate, file a request with the court for judicial
review of the determination by the clerk that the petition is
insufficient. In reviewing the determination of the clerk, the court
shall examine the petition and the certificate of the clerk and may, in
its discretion, allow the introduction of oral or written testimony. The
determination of the clerk may be reversed only upon a showing that the
determination is in violation of any constitutional or statutory
provision, is arbitrary or capricious, or involves an abuse of
discretion. If the court finds that the determination of the clerk was
correct, the committee may commence a new proceeding to summon a grand
jury pursuant to this section or may proceed as provided in NRS 6.140
. If the court finds that the
determination of the clerk must be reversed, the court shall summon a
grand jury. If there is a grand jury in recess, the court shall recall
that grand jury. If there is not a grand jury in recess, a new grand jury
must be summoned.
(Added to NRS by 2001, 750 )
1. Upon request of the Governor, or of the Legislature by
concurrent resolution, the district judge of any county shall cause a
grand jury to be impaneled in the same manner as other grand juries are
impaneled, except that the sole duty of a grand jury impaneled under the
provisions of this section shall limit its investigations to state
affairs, and to the conduct of state officers and employees. The report
of such grand jury shall be transmitted to the Governor and the
Legislature.
2. The expenses of a grand jury impaneled under the provisions of
this section shall be a charge against the General Fund of the State, to
be certified by the district judge and paid on claims.
(Added to NRS by 1957, 548)
In any county, if the district
judge for any reason fails or refuses to select a grand jury when
required, any interested person resident of the county may apply to the
Supreme Court for an order directing the selection of a grand jury. The
application must be supported by affidavits setting forth the true facts
as known to the applicant, and the certificate of the county clerk that a
grand jury has not been selected within the time fixed or otherwise as
the facts may be. The Supreme Court shall issue its order, if satisfied
that a grand jury should be called, directing the county clerk to select
and impanel a grand jury, according to the provisions of NRS 6.110 to 6.132 ,
inclusive.
[8b:65:1873; added 1953, 12]—(NRS A 1973, 1273; 2001, 752 )
Upon the completion of its
business for the time being, the court may, at the request of or with the
concurrence of the grand jury, recess the grand jury subject to recall at
such time as new business may require its attention.
(Added to NRS by 1967, 1467; A 1985, 557)
FEES AND EXPENSES OF JURORS
1. Each person summoned to attend as a grand juror or a trial
juror in the district court or Justice Court is entitled to a fee of $40
for each day after the second day of jury selection that he is in
attendance in response to the venire or summons, including Sundays and
holidays.
2. Each grand juror and trial juror in the district court or
Justice Court actually sworn and serving is entitled to a fee of $40 a
day as compensation for each day of service.
3. In addition to the fees specified in subsections 1 and 2, a
board of county commissioners may provide that, for each day of such
attendance or service, each person is entitled to be paid a per diem
allowance in an amount equal to the allowance for meals provided for
state officers and employees generally while away from the office and
within this State pursuant to subsection 1 of NRS 281.160 .
4. Each person summoned to attend as a grand juror or a trial
juror in the district court or Justice Court and each grand juror and
trial juror in the district court or Justice Court is entitled to receive
36.5 cents a mile for each mile necessarily and actually traveled if the
home of the person summoned or serving as a juror is 65 miles or more
from the place of trial.
5. If the home of a person summoned or serving as such a juror is
65 miles or more from the place of trial and the selection, inquiry or
trial lasts more than 1 day, he is entitled to receive an allowance for
lodging at the rate provided by law for state employees, in addition to
his daily compensation for attendance or service, for each day on which
he does not return to his home.
6. In civil cases, any fee, per diem allowance or other
compensation due each juror engaged in the trial of the cause must be
paid each day in advance to the clerk of the court, or the justice of the
peace, by the party who has demanded the jury. If the party paying this
money is the prevailing party, the money is recoverable as costs from the
losing party. If the jury from any cause is discharged in a civil action
without finding a verdict and the party who demands the jury subsequently
obtains judgment, the money so paid is recoverable as costs from the
losing party.
7. The money paid by a county clerk to jurors for their services
in a civil action or proceeding, which he has received from the party
demanding the jury, must be deducted from the total amount due them for
attendance as such jurors, and any balance is a charge against the county.
[Part 2:96:1919; A 1933, 68; 1933, 152; 1937, 210; 1949, 10; 1951,
107; 1953, 134]—(NRS A 1965, 311; 1967, 277; 1975, 911; 1977, 926; 1979,
330; 1981, 326; 1993, 919; 2001, 752 ; 2003, 1348 )
1. Each board of county commissioners may establish and maintain a
program whereby a person may forfeit any money that he is entitled to
receive pursuant to NRS 6.150 for his
services and expenses and have that money donated to an agency which
provides child welfare services and that is located in the county in
which the person is serving as a juror. Any money donated through a
program established pursuant to this section must be used only for a
program or activity which is designed to prevent the abuse or neglect of
a child or to benefit an abused or neglected child.
2. As used in this section:
(a) “Abuse or neglect of a child” has the meaning ascribed to it in
NRS 432B.020 .
(b) “Agency which provides child welfare services” has the meaning
ascribed to it in NRS 432B.030 .
(Added to NRS by 1993, 1330; A 1997, 5; 2001 Special Session, 15
)
The county clerk in cases in the
district court and the deputy clerk of the Justice Court in cases in the
Justice Court shall keep a payroll, enrolling thereon the names of all
jurors, the number of days in attendance and the actual number of miles
traveled by the shortest and most practical route in going to and
returning from the place where the court is held, and at the conclusion
of a trial may:
1. Give a statement of the amounts due to the jurors to the county
auditor, who shall draw warrants upon the county treasurer for the
payment thereof; or
2. Make an immediate payment in cash of the amount owing to each
juror.
Ê These payments must be made from and to the extent allowed by the fees
collected from the demanding party, pursuant to the provisions of NRS
6.150 , and from and to the extent
allowed by any other fees which have been collected pursuant to law. The
clerk shall obtain from each juror so paid a receipt signed by him and
indicating the date of payment, the date of service and the amount paid.
A duplicate of this receipt must be immediately delivered to the
appropriate county auditor, county recorder or county comptroller.
[Part 3:96:1919; A 1923, 63; 1933, 152; 1937, 172; 1931 NCL §
8492]—(NRS A 1973, 295, 1083; 1985, 51)
In all cases when a
jury is kept together by order of the court during a trial, or by failure
to agree upon a verdict, after the cause has been submitted to them by
the court, the expenses of their board and lodging shall be taxed as
other disbursements and expenses in favor of the prevailing party; no
verdict shall be entered or judgment rendered thereon until the same is
paid or tendered. The clerk shall receive and properly disburse all money
paid for the expenses of jurors, as in this section provided to be paid.
[33:49:1883; BH § 2374; C § 2498; RL § 2035; NCL § 2966]
UNLAWFUL ACTS; PENALTIES
1. Any person, corporation, partnership, association or other
entity who is:
(a) An employer; or
(b) The employee, agent or officer of an employer, vested with the
power to terminate or recommend termination of employment,
Ê of a person who is a juror or who has received a summons to appear for
jury duty, and who deprives the juror or person summoned of his
employment, as a consequence of his service as a juror or prospective
juror, or who asserts to the juror or person summoned that his service as
a juror or prospective juror will result in termination of his
employment, is guilty of a gross misdemeanor.
2. A person discharged from employment in violation of subsection
1 may commence a civil action against his employer and obtain:
(a) Wages and benefits lost as a result of the violation;
(b) An order of reinstatement without loss of position, seniority
or benefits;
(c) Damages equal to the amount of the lost wages and benefits;
(d) Reasonable attorney’s fees fixed by the court; and
(e) Punitive or exemplary damages in an amount not to exceed
$50,000.
3. Each summons to appear for jury duty must be accompanied by a
notice to the employer of the person summoned. The notice must inform the
employer that the person has been summoned for jury duty and must include
a copy of the provisions of subsections 1 and 2. The person summoned, if
he is employed, shall give the notice to his employer at least 1 day
before he is to appear for jury duty.
4. Except as otherwise provided in this section, any person who in
any manner dissuades or attempts to dissuade a person who has received a
summons to appear for jury duty from serving as a juror is guilty of a
misdemeanor.
(Added to NRS by 1977, 293; A 1987, 810)
