USA Statutes : nevada
Title : Title 04 - WITNESSES AND EVIDENCE
Chapter : CHAPTER 49 - PRIVILEGES
1. Except as otherwise required by the Constitution of the United
States or of the State of Nevada, and except as provided in this title or
title 14 of NRS, no person has a privilege to:
(a) Refuse to be a witness;
(b) Refuse to disclose any matter;
(c) Refuse to produce any object or writing; or
(d) Prevent another from being a witness or disclosing any matter
or producing any object or writing.
2. This section does not:
(a) Impair any privilege created by title 14 of NRS or by the
Nevada Rules of Civil Procedure which is limited to a particular stage of
the proceeding; or
(b) Extend any such privilege to any other stage of a proceeding.
(Added to NRS by 1971, 782)
1. A person making a return or report required by law to be made
has a privilege to refuse to disclose and to prevent any other person
from disclosing the return or report, if the law requiring it to be made
so provides.
2. A public officer or agency to whom a return or report is
required by law to be made has a privilege to refuse to disclose the
return or report if the law requiring it to be made so provides.
3. No privilege exists under this section in actions involving
false statements or fraud in the return or report or when the report is
contained in health care records furnished in accordance with the
provisions of NRS 629.061 .
(Added to NRS by 1971, 782; A 1977, 1314)
A person who has a privilege against the disclosure of a
matter may prevent the disclosure of that matter by an interpreter to
whom the matter was disclosed merely to facilitate a privileged
communication of the matter.
(Added to NRS by 1995, 803)
LAWYER AND CLIENT
As used in NRS 49.035 to 49.115 ,
inclusive, the words and phrases defined in NRS 49.045 to 49.085 ,
inclusive, have the meanings ascribed to them in NRS 49.045 to 49.085 ,
inclusive.
(Added to NRS by 1971, 782)
“Client” means a person, including a
public officer, corporation, association or other organization or entity,
either public or private, who is rendered professional legal services by
a lawyer, or who consults a lawyer with a view to obtaining professional
legal services from him.
(Added to NRS by 1971, 782)
A communication is
“confidential” if it is not intended to be disclosed to third persons
other than those to whom disclosure is in furtherance of the rendition of
professional legal services to the client or those reasonably necessary
for the transmission of the communication.
(Added to NRS by 1971, 782)
“Lawyer” means a person authorized,
or reasonably believed by the client to be authorized, to practice law in
any state or nation.
(Added to NRS by 1971, 783)
“Representative of the client” means a person having authority to obtain
professional legal services, or to act on advice rendered pursuant
thereto, on behalf of the client.
(Added to NRS by 1971, 783)
“Representative of the lawyer” means a person employed by the lawyer to
assist in the rendition of professional legal services.
(Added to NRS by 1971, 783)
A client has a privilege to
refuse to disclose, and to prevent any other person from disclosing,
confidential communications:
1. Between himself or his representative and his lawyer or his
lawyer’s representative.
2. Between his lawyer and the lawyer’s representative.
3. Made for the purpose of facilitating the rendition of
professional legal services to the client, by him or his lawyer to a
lawyer representing another in a matter of common interest.
(Added to NRS by 1971, 783)
1. The privilege may be claimed by the client, his guardian or
conservator, the personal representative of a deceased client, or the
successor, trustee or similar representative of a corporation,
association or other organization, whether or not in existence.
2. The person who was the lawyer at the time of the communication
may claim the privilege but only on behalf of the client. His authority
to do so is presumed in the absence of evidence to the contrary.
(Added to NRS by 1971, 783)
There is no privilege under NRS 49.095
or 49.105 :
1. If the services of the lawyer were sought or obtained to enable
or aid anyone to commit or plan to commit what the client knew or
reasonably should have known to be a crime or fraud.
2. As to a communication relevant to an issue between parties who
claim through the same deceased client, regardless of whether the claims
are by testate or intestate succession or by inter vivos transaction.
3. As to a communication relevant to an issue of breach of duty by
the lawyer to his client or by the client to his lawyer.
4. As to a communication relevant to an issue concerning an
attested document to which the lawyer is an attesting witness.
5. As to a communication relevant to a matter of common interest
between two or more clients if the communication was made by any of them
to a lawyer retained or consulted in common, when offered in an action
between any of the clients.
(Added to NRS by 1971, 783)
PROCEEDINGS OF REVIEW COMMITTEE
As used in NRS 49.117
to 49.123 , inclusive, unless the context otherwise
requires, “review committee” means:
1. An organized committee of:
(a) A hospital;
(b) An ambulatory surgical center;
(c) A health maintenance organization;
(d) An organization that provides emergency medical services
pursuant to the provisions of chapter 450B of NRS; or
(e) A medical facility as defined in NRS 449.0151 ,
Ê which has the responsibility of evaluating and improving the quality of
care rendered by the parent organization;
2. A peer review committee of a medical or dental society; or
3. A medical review committee of a county or district board of
health that certifies, licenses or regulates providers of emergency
medical services pursuant to the provisions of chapter 450B of NRS, but only when functioning as a peer review committee.
(Added to NRS by 1995, 1692; A 2005, 2518 )
A review committee has a
privilege to refuse to disclose and to prevent any other person from
disclosing its proceedings and records and testimony given before it.
(Added to NRS by 1995, 1693)
1. The privilege may be claimed by any member of the review
committee, any person whose work has been reviewed by the committee or
any person who has offered testimony, an opinion or documentary evidence
before the committee.
2. The privilege is presumed to be claimed as to a particular
matter unless a written waiver is signed by all persons entitled to claim
the privilege as to that matter.
3. The privilege is not waived or lost if a person discloses
information which is otherwise privileged to a governmental or regulatory
agency of this State or the United States.
(Added to NRS by 1995, 1693)
There is no privilege under NRS 49.119
or 49.121 as to:
1. A statement made by an applicant for staff privileges at a
hospital; or
2. Any information available from a record required to be made
available pursuant to the provisions of NRS 629.061 .
(Added to NRS by 1995, 1693)
ACCOUNTANT AND CLIENT
As used in NRS 49.125 to 49.205 ,
inclusive, the words and phrases defined in NRS 49.135 to 49.175 ,
inclusive, have the meanings ascribed to them in NRS 49.135 to 49.175 ,
inclusive.
(Added to NRS by 1971, 783)
“Accountant” means a person
certified or registered as a public accountant under chapter 628 of NRS who holds a live permit.
(Added to NRS by 1971, 783)
“Client” means a person, including a
public officer, corporation, association or other organization or entity,
either public or private, who is rendered professional accounting
services by an accountant, or who consults an accountant with a view to
obtaining professional accounting services from him.
(Added to NRS by 1971, 783)
A communication is
“confidential” if it is not intended to be disclosed to third persons
other than those to whom disclosure is in furtherance of the rendition of
professional accounting services to the client or those reasonably
necessary for the transmission of the communication.
(Added to NRS by 1971, 784)
“Representative of the accountant” means a person employed by the
accountant to assist in the rendition of professional accounting services.
(Added to NRS by 1971, 784)
“Representative of the client” means a person having authority to obtain
professional accounting services, or to act on advice rendered pursuant
thereto, on behalf of the client.
(Added to NRS by 1971, 784)
A client has a privilege to
refuse to disclose, and to prevent any other person from disclosing,
confidential communications:
1. Between himself or his representative and his accountant or his
accountant’s representative.
2. Between his accountant and the accountant’s representative.
3. Made for the purpose of facilitating the rendition of
professional accounting services to the client, by him or his accountant
to an accountant representing another in a matter of common interest.
(Added to NRS by 1971, 784)
1. The privilege may be claimed by the client, his guardian or
conservator, the personal representative of a deceased client, or the
successor, trustee or similar representative of a corporation,
association or other organization, whether or not in existence.
2. The person who was the accountant may claim the privilege but
only on behalf of the client. His authority to do so is presumed in the
absence of evidence to the contrary.
(Added to NRS by 1971, 784)
There is no privilege under NRS 49.185
or 49.195 :
1. If the services of the accountant were sought or obtained to
enable or aid anyone to commit or plan to commit what the client knew or
reasonably should have known to be a crime or fraud.
2. As to a communication relevant to an issue between parties who
claim through the same deceased client, regardless of whether the claims
are by testate or intestate succession or by inter vivos transaction.
3. As to a communication relevant to an issue of breach of duty by
the accountant to his client or by the client to his accountant.
4. As to a communication relevant to an issue concerning the
examination, audit or report of any financial statements, books, records
or accounts which the accountant may be engaged to make or requested by a
prospective client to discuss for the purpose of making a public report.
5. As to a communication relevant to a matter of common interest
between two or more clients if the communication was made by any of them
to an accountant retained or consulted in common, when offered in an
action between any of the clients.
6. As to a communication between a corporation and its accountant:
(a) In an action by a shareholder against the corporation which is
based upon a breach of fiduciary duty; or
(b) In a derivative action by a shareholder on behalf of the
corporation.
(Added to NRS by 1971, 784)
PSYCHOLOGIST AND PATIENT
As used in NRS 49.207 to 49.213 ,
inclusive, unless the context otherwise requires:
1. A communication is “confidential” if it is not intended to be
disclosed to third persons other than:
(a) Those present to further the interest of the patient in the
consultation, examination or interview;
(b) Persons reasonably necessary for the transmission of the
communication; or
(c) Persons who are participating in the diagnosis and treatment
under the direction of the psychologist, including members of the
patient’s family.
2. “Patient” has the meaning ascribed to it in NRS 641.0245 .
3. “Psychologist” has the meaning ascribed to it in NRS 641.027
.
(Added to NRS by 1995, 2497)
A patient has a privilege
to refuse to disclose and to prevent any other person from disclosing
confidential communications between himself and his psychologist or any
other person who is participating in the diagnosis or treatment under the
direction of the psychologist, including a member of the patient’s family.
(Added to NRS by 1995, 2497)
1. The privilege may be claimed by the patient, by his guardian or
conservator or by the personal representative of a deceased patient.
2. The psychologist of a patient may claim the privilege but only
on behalf of the patient. The authority of the psychologist to claim the
privilege is presumed in the absence of evidence to the contrary.
(Added to NRS by 1995, 2497)
There is no privilege pursuant to NRS
49.209 or 49.211 :
1. For communications relevant to an issue in a proceeding to
hospitalize the patient for mental illness, if the psychologist in the
course of diagnosis or treatment has determined that the patient requires
hospitalization.
2. For communications relevant to an issue of the treatment of the
patient in any proceeding in which the treatment is an element of a claim
or defense.
3. If disclosure is otherwise required by state or federal law.
4. For communications relevant to an issue in a proceeding to
determine the validity of a will of the patient.
5. If there is an immediate threat that the patient will harm
himself or other persons.
6. For communications made in the course of a court-ordered
examination of the condition of a patient with respect to the specific
purpose of the examination unless the court orders otherwise.
7. For communications relevant to an issue in an investigation or
hearing conducted by the Board of Psychological Examiners if the
treatment of the patient is an element of that investigation or hearing.
8. For communications relevant to an issue in a proceeding
relating to the abuse or neglect of a disabled or legally incompetent
person.
(Added to NRS by 1995, 2497)
DOCTOR AND PATIENT
As used in NRS 49.215 to 49.245 ,
inclusive:
1. A communication is “confidential” if it is not intended to be
disclosed to third persons other than:
(a) Those present to further the interest of the patient in the
consultation, examination or interview;
(b) Persons reasonably necessary for the transmission of the
communication; or
(c) Persons who are participating in the diagnosis and treatment
under the direction of the doctor, including members of the patient’s
family.
2. “Doctor” means a person licensed to practice medicine,
dentistry or osteopathic medicine in any state or nation, or a person who
is reasonably believed by the patient to be so licensed, and in addition
includes a person employed by a public or private agency as a psychiatric
social worker, or someone under his guidance, direction or control, while
engaged in the examination, diagnosis or treatment of a patient for a
mental condition.
3. “Patient” means a person who consults or is examined or
interviewed by a doctor for purposes of diagnosis or treatment.
(Added to NRS by 1971, 785; A 1975, 1632; 1977, 956; 1995, 2498)
A patient has a privilege
to refuse to disclose and to prevent any other person from disclosing
confidential communications among himself, his doctor or persons who are
participating in the diagnosis or treatment under the direction of the
doctor, including members of the patient’s family.
(Added to NRS by 1971, 785)
1. The privilege may be claimed by the patient, by his guardian or
conservator, or by the personal representative of a deceased patient.
2. The person who was the doctor may claim the privilege but only
on behalf of the patient. His authority so to do is presumed in the
absence of evidence to the contrary.
(Added to NRS by 1971, 785)
There is no privilege under NRS 49.225
or 49.235 :
1. For communications relevant to an issue in proceedings to
hospitalize the patient for mental illness, if the doctor in the course
of diagnosis or treatment has determined that the patient is in need of
hospitalization.
2. As to communications made in the course of a court-ordered
examination of the condition of a patient with respect to the particular
purpose of the examination unless the court orders otherwise.
3. As to written medical or hospital records relevant to an issue
of the condition of the patient in any proceeding in which the condition
is an element of a claim or defense.
4. In a prosecution or mandamus proceeding under chapter 441A
of NRS.
5. As to any information communicated to a physician in an effort
unlawfully to procure a dangerous drug or controlled substance, or
unlawfully to procure the administration of any such drug or substance.
6. As to any written medical or hospital records which are
furnished in accordance with the provisions of NRS 629.061 .
7. As to records that are required by chapter 453 of NRS to be maintained.
8. If the services of the physician are sought or obtained to
enable or aid a person to commit or plan to commit fraud or any other
unlawful act in violation of any provision of chapter 616A , 616B , 616C , 616D or 617 of NRS which the person knows or reasonably should know is
fraudulent or otherwise unlawful.
(Added to NRS by 1971, 785; A 1977, 155, 997, 1314; 1981, 589,
1967; 1985, 2012; 1987, 1036; 1989, 300, 302, 425; 1995, 1877; 2002
Special Session, 12 )
MARRIAGE AND FAMILY THERAPIST AND CLIENT
As used in NRS 49.246 to 49.249 ,
inclusive, unless the context otherwise requires:
1. “Client” means a person who consults or is interviewed by a
marriage and family therapist for the purpose of diagnosis or treatment.
2. A communication is “confidential” if it is not intended to be
disclosed to any third person other than a person:
(a) Present during the consultation or interview to further the
interest of the client;
(b) Reasonably necessary for the transmission of the communication;
or
(c) Participating in the diagnosis or treatment under the direction
of the marriage and family therapist, including a member of the client’s
family.
3. “Marriage and family therapist” has the meaning ascribed to it
in NRS 641A.060 .
(Added to NRS by 1987, 555)
A client has a privilege to
refuse to disclose, and to prevent any other person from disclosing,
confidential communications among himself, his marriage and family
therapist or any other person who is participating in the diagnosis or
treatment under the direction of the marriage and family therapist.
(Added to NRS by 1987, 556)
1. The privilege may be claimed by the client, by his guardian or
conservator, or by the personal representative of a deceased client.
2. The person who was the marriage and family therapist may claim
the privilege but only on behalf of the client. His authority to do so is
presumed in the absence of evidence to the contrary.
(Added to NRS by 1987, 556)
There is no privilege under NRS 49.247
or 49.248 :
1. If the client communicates to the marriage and family therapist
that he intends or plans to commit what the client knows or reasonably
should know is a crime.
2. If the marriage and family therapist is required to testify in
an administrative or court-related investigation or proceeding involving
the welfare of his client or the minor children of his client.
3. For communications relevant to an issue in proceedings to
hospitalize the patient for mental illness, if the marriage and family
therapist in the course of diagnosis or treatment has determined that the
client is in need of hospitalization.
4. As to communications relevant to an issue of the treatment of
the client in any proceeding in which the treatment is an element of a
claim or defense.
(Added to NRS by 1987, 556)
SOCIAL WORKER AND CLIENT
As used in NRS 49.251 to 49.254 ,
inclusive, unless the context otherwise requires:
1. “Client” means a person who consults or is interviewed by a
social worker for the purpose of diagnosis or treatment.
2. A communication is “confidential” if it is not intended to be
disclosed to any third person other than a person:
(a) Present during the consultation or interview to further the
interest of the client;
(b) Reasonably necessary for the transmission of the communication;
or
(c) Participating in the diagnosis or treatment under the direction
of the social worker, including a member of the client’s family.
3. “Social worker” means any person licensed under chapter 641B
of NRS.
(Added to NRS by 1987, 1121)
A client has a privilege to
refuse to disclose, and to prevent any other person from disclosing
confidential communications among himself, his social worker or any other
person who is participating in the diagnosis or treatment under the
direction of the social worker.
(Added to NRS by 1987, 1122)
1. The privilege may be claimed by the client, his guardian or
conservator or by the personal representative of a deceased client.
2. The person who is the social worker may claim the privilege,
but only on behalf of the client. His authority to do so is presumed in
the absence of evidence to the contrary.
(Added to NRS by 1987, 1122)
There is no privilege under NRS 49.252
or 49.253 :
1. If the services of the social worker are sought or obtained to
enable or aid anyone to commit or plan to commit what the client knows or
reasonably should have known is a crime or fraud.
2. If the social worker is required to testify in an
administrative or court-related investigation or proceeding involving the
welfare of his client or the minor children of his client.
3. If the communication is relevant to an issue of breach of duty
by the social worker to his client or by the client to his social worker.
4. If the communication is with persons who are participating in
the diagnosis and treatment of the client of the social worker, including
members of the patient’s family.
5. If disclosure is otherwise required by state or federal law.
(Added to NRS by 1987, 1122)
VICTIM’S ADVOCATE AND VICTIM
As used in NRS 49.2541 to 49.2549 , inclusive, the words and terms defined in
NRS 49.2542 to 49.2545 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 2003, 1755 )
“Domestic violence”
means an act described in NRS 33.018 .
(Added to NRS by 2003, 1755 )
“Sexual assault” means a
violation of NRS 200.366 or an attempt
to violate or conspiracy to violate NRS 200.366 .
(Added to NRS by 2003, 1755 )
“Victim” means a person who alleges
that an act of domestic violence or sexual assault has been committed
against the person.
(Added to NRS by 2003, 1755 )
“Victim’s advocate”
means a person who works for a nonprofit program that provides assistance
to victims with or without compensation and who has received at least 20
hours of relevant training.
(Added to NRS by 2003, 1755 )
1. A communication shall be deemed to be confidential if the
communication is between a victim and a victim’s advocate and is not
intended to be disclosed to third persons other than:
(a) A person who is present to further the interest of the victim;
(b) A person reasonably necessary for the transmission of the
communication; or
(c) A person who is participating in the advice, counseling or
assistance of the victim, including, without limitation, a member of the
victim’s family.
2. As used in this section, “communication” includes, without
limitation, all records concerning the victim and the services provided
to the victim which are within the possession of:
(a) The victim’s advocate; or
(b) The nonprofit program for whom the victim’s advocate works.
(Added to NRS by 2003, 1755 )
Except as otherwise
provided in NRS 49.2549 , a victim who
seeks advice, counseling or assistance from a victim’s advocate has a
privilege to refuse to disclose, and to prevent any other person from
disclosing, confidential communications set forth in NRS 49.2546 .
(Added to NRS by 2003, 1756 )
1. The privilege provided pursuant to NRS 49.2547 may be claimed by:
(a) The victim;
(b) The guardian or conservator of the victim;
(c) The personal representative of a deceased victim; and
(d) The victim’s advocate, but only on behalf of the victim.
2. The authority of a victim’s advocate to claim the privilege is
presumed in the absence of evidence to the contrary.
(Added to NRS by 2003, 1756 )
There is no privilege pursuant to NRS
49.2547 if:
1. The purpose of the victim in seeking services from a victim’s
advocate is to enable or aid any person to commit or plan to commit what
the victim knows or reasonably should have known is a crime or fraud;
2. The communication concerns a report of abuse or neglect of a
child, older person or vulnerable person in violation of NRS 200.508
, 200.5093 or 200.50935 , but only as to that portion of the
communication;
3. The communication is relevant to an issue of breach of duty by
the victim’s advocate to the victim or by the victim to the victim’s
advocate; or
4. Disclosure of the communication is otherwise required by law.
(Added to NRS by 2003, 1756 ; A 2005, 1115 )
OTHER OCCUPATIONAL PRIVILEGES
A clergyman or priest shall
not, without the consent of the person making the confession, be examined
as a witness as to any confession made to him in his professional
character.
(Added to NRS by 1971, 785)
1. Except as otherwise provided in subsection 2:
(a) The proceedings and records of:
(1) Organized committees of hospitals, and organized
committees of organizations that provide emergency medical services
pursuant to the provisions of chapter 450B of NRS, having the responsibility of evaluation and improvement of
the quality of care rendered by those hospitals or organizations;
(2) Review committees of medical or dental societies; and
(3) Medical review committees of a county or district board
of health that certifies, licenses or regulates providers of emergency
medical services pursuant to the provisions of chapter 450B of NRS, but only when such committees function as peer review
committees,
Ê are not subject to discovery proceedings.
(b) No person who attends a meeting of any such committee may be
required to testify concerning the proceedings at the meeting.
2. The provisions of subsection 1 do not apply to:
(a) Any statement made by a person in attendance at such a meeting
who is a party to an action or proceeding the subject of which is
reviewed at the meeting.
(b) Any statement made by a person who is requesting staff
privileges at a hospital.
(c) The proceedings of any meeting considering an action against an
insurance carrier alleging bad faith by the carrier in refusing to accept
a settlement offer within the limits of the policy.
(d) Any matter relating to the proceedings or records of such
committees which is contained in health care records furnished in
accordance with NRS 629.061 .
(Added to NRS by 1971, 785; A 1977, 1314; 1981, 1967; 1987, 1188;
1989, 1506; 2005, 2518 )
No reporter, former reporter or editorial
employee of any newspaper, periodical or press association or employee of
any radio or television station may be required to disclose any published
or unpublished information obtained or prepared by such person in such
person’s professional capacity in gathering, receiving or processing
information for communication to the public, or the source of any
information procured or obtained by such person, in any legal
proceedings, trial or investigation:
1. Before any court, grand jury, coroner’s inquest, jury or any
officer thereof.
2. Before the Legislature or any committee thereof.
3. Before any department, agency or commission of the State.
4. Before any local governing body or committee thereof, or any
officer of a local government.
(Added to NRS by 1971, 786; A 1975, 502)
A public officer shall not
be examined as a witness as to communications made to him in official
confidence, when the public interests would suffer by the disclosure.
(Added to NRS by 1971, 786)
1. As used in this section, “counselor” means a person who is
regularly employed by a public or private school in this State as a
counselor, psychologist or psychological examiner for the purpose of
counseling pupils, and who holds a valid certificate issued by the
Superintendent of Public Instruction authorizing the holder to engage in
pupil counseling.
2. Except for communications relating to any criminal offense the
punishment for which is death or life imprisonment, communications by a
pupil to a counselor in the course of counseling or psychological
examination are privileged communications, and a counselor shall not,
without the consent of the pupil, be examined as a witness concerning any
such communication in any civil or criminal action to which such pupil is
a party.
(Added to NRS by 1973, 1840; A 1979, 1639)
1. As used in this section, “teacher” means a person who is
regularly employed by a public or private school in this State as a
teacher or administrator and who holds a valid license issued by the
Superintendent of Public Instruction authorizing the holder to teach or
perform administrative functions in schools.
2. Communications by a pupil to a teacher concerning the pupil’s
possession or use of drugs or alcoholic beverages made while the teacher
was counseling or attempting to counsel the pupil are privileged
communications and the teacher must not, without the consent of the
pupil, be examined as a witness concerning any such communication in any
civil or criminal action to which the pupil is a party.
(Added to NRS by 1973, 1840; A 1979, 1639; 1987, 1014)
MISCELLANEOUS PRIVILEGES
1. Except as otherwise provided in subsections 2 and 3 and NRS
49.305 :
(a) A husband cannot be examined as a witness for or against his
wife without his consent, nor a wife for or against her husband without
her consent.
(b) Neither a husband nor a wife can be examined, during the
marriage or afterwards, without the consent of the other, as to any
communication made by one to the other during marriage.
2. The provisions of subsection 1 do not apply to a:
(a) Civil proceeding brought by or on behalf of one spouse against
the other spouse;
(b) Proceeding to commit or otherwise place a spouse, the property
of the spouse or both the spouse and the property of the spouse under the
control of another because of the alleged mental or physical condition of
the spouse;
(c) Proceeding brought by or on behalf of a spouse to establish his
competence;
(d) Proceeding in the juvenile court or family court pursuant to
title 5 of NRS or NRS 432B.410 to 432B.590 , inclusive; or
(e) Criminal proceeding in which one spouse is charged with:
(1) A crime against the person or the property of the other
spouse or of a child of either, or of a child in the custody or control
of either, whether the crime was committed before or during marriage.
(2) Bigamy or incest.
(3) A crime related to abandonment of a child or nonsupport
of a wife or child.
3. The provisions of subsection 1 do not apply in any criminal
proceeding to events which took place before the husband and wife were
married.
(Added to NRS by 1971, 786; A 1977, 265; 1979, 460; 1985, 842,
1387; 1991, 458, 2177; 1993, 603; 2003, 593 , 1115 )
When a
husband or wife is insane, and has been so declared by a court of
competent jurisdiction, the other shall be a competent witness to testify
as to any fact which transpired before or during such insanity, but the
privilege of so testifying shall cease when the party declared insane has
been found by a court of competent jurisdiction to be of sound mind, and
the husband and wife shall then have the testimonial limitations and
privileges provided in NRS 49.295 .
(Added to NRS by 1971, 786)
Every person has a privilege to refuse
to disclose the tenor of his vote at a political election conducted by
secret ballot unless the vote was cast illegally.
(Added to NRS by 1971, 787)
1. A person has a privilege, which may be claimed by him or his
agent or employee, to refuse to disclose and to prevent other persons
from disclosing a trade secret owned by him, if the allowance of the
privilege will not tend to conceal fraud or otherwise work injustice.
2. When disclosure is directed, the judge shall take such
protective measure as the interests of the holder of the privilege and of
the parties and the furtherance of justice may require.
(Added to NRS by 1971, 787)
IDENTITY OF INFORMER
The State or a political subdivision thereof has a privilege to refuse
to disclose the identity of a person who has furnished to a law
enforcement officer information purporting to reveal the commission of a
crime.
(Added to NRS by 1971, 787)
The privilege may be claimed by an
appropriate representative of the State, regardless of whether the
information was furnished to an officer of the State or a subdivision
thereof. The privilege may be claimed by an appropriate representative of
a political subdivision if the information was furnished to an officer
thereof.
(Added to NRS by 1971, 787)
No privilege
exists under NRS 49.335 or 49.345
if the identity of the informer or his
interest in the subject matter of his communication has been disclosed by
a holder of the privilege or by the informer’s own action, or if the
informer appears as a witness.
(Added to NRS by 1971, 787)
If the state or a
political subdivision elects not to disclose the identity of an informer
and the circumstances indicate a reasonable probability that the informer
can give testimony necessary to a fair determination of the issue of
guilt or innocence, the judge shall on motion of the accused dismiss the
proceedings, and he may do so on his own motion.
(Added to NRS by 1971, 787)
1. If information from an informer is relied upon to establish the
legality of the means by which evidence was obtained and the judge is not
satisfied that the information was received from an informer reasonably
believed to be reliable, he may require the identity of the informer to
be disclosed.
2. The judge may permit the disclosure to be made in camera or
make any other order which justice requires. All counsel shall be
permitted to be present at every stage at which any counsel is permitted
to be present.
3. If disclosure of the identity of the informer is made in
chambers, the record thereof shall be sealed and preserved to be made
available to the appellate court in the event of an appeal.
(Added to NRS by 1971, 787)
WAIVER AND COMMENT
1. A person upon whom these rules confer a privilege against
disclosure of a confidential matter waives the privilege if he or his
predecessor while holder of the privilege voluntarily discloses or
consents to disclosure of any significant part of the matter.
2. This section does not apply if the disclosure is:
(a) Itself a privileged communication; or
(b) Made to an interpreter employed merely to facilitate
communications.
(Added to NRS by 1971, 787; A 1995, 803)
Evidence of a statement or other
disclosure of privileged matter is inadmissible against the holder of the
privilege if the disclosure was:
1. Compelled erroneously; or
2. Made without opportunity to claim the privilege.
(Added to NRS by 1971, 787)
1. The claim of a privilege, whether in the present proceeding or
upon a prior occasion, is not a proper subject of comment by judge or
counsel. No inference may be drawn therefrom.
2. In jury cases, proceedings shall be conducted, to the extent
practicable, so as to facilitate the making of claims of privilege
outside the presence of the jury.
3. Upon request, any party against whom the jury might draw an
adverse inference from a claim of privilege is entitled to an instruction
that no inference may be drawn therefrom.
(Added to NRS by 1971, 788)
