USA Statutes : nevada
Title : Title 04 - WITNESSES AND EVIDENCE
Chapter : CHAPTER 50 - WITNESSES
Every person is competent
to be a witness except as otherwise provided in this title.
(Added to NRS by 1971, 788)
1. A witness may not testify to a matter unless:
(a) Evidence is introduced sufficient to support a finding that he
has personal knowledge of the matter; or
(b) He states his opinion or inference as an expert.
2. Evidence to prove personal knowledge may, but need not, consist
of the testimony of the witness himself.
(Added to NRS by 1971, 788)
1. Before testifying, every witness shall be required to declare
that he will testify truthfully, by oath or affirmation administered in a
form calculated to awaken his conscience and impress his mind with his
duty to do so.
2. An affirmation is sufficient if the witness is addressed in the
following terms: “You do solemnly affirm that the evidence you shall give
in this issue (or matter), pending between ................ and
................, shall be the truth, the whole truth, and nothing but
the truth.” Assent to this affirmation shall be made by the answer, “I
do.”
(Added to NRS by 1971, 788)
Interpreters are subject to the
provisions of this chapter relating to qualification as an expert.
(Added to NRS by 1971, 788; A 1979, 656)
1. As used in NRS 50.050 to
50.053 , inclusive, unless the context
requires otherwise:
(a) “Interpreter” means a person who is:
(1) Qualified to engage in the practice of interpreting in
this State pursuant to subsection 2 of NRS 656A.100 ; and
(2) Readily able to communicate with a person with a
disability, translate the proceedings for him, and accurately repeat and
translate the statements of the person with a disability to the court or
magistrate or other person presiding over the proceedings.
(b) “Person with a disability” means a person who, because he is
deaf, mute or has a physical speaking impairment, cannot readily
understand or communicate in the English language or cannot understand
the proceedings.
2. In all judicial proceedings in which a person with a disability
appears as a witness, the court, magistrate or other person presiding
over the proceedings shall appoint an interpreter to interpret the
proceedings to that person and to interpret the testimony of that person
to the court, magistrate or other person presiding.
3. The court, magistrate or other person presiding over the
proceedings shall fix a reasonable compensation for the services and
expenses of the interpreter appointed pursuant to this section. If the
judicial proceeding is civil in nature, the compensation of the
interpreter may be taxed as costs and must not be charged as a public
expense.
4. Claims against a county, municipality, this State or any agency
thereof for the compensation of an interpreter in a criminal proceeding
or other proceeding for which an interpreter must be provided at public
expense must be paid in the same manner as other claims against the
respective entities are paid. Payment may be made only upon the
certificate of the judge, magistrate or other person presiding over the
proceedings that the qualified interpreter has performed the services
required and incurred the expenses claimed.
(Added to NRS by 1975, 308; A 1979, 656; 2001, 1774 )
An interpreter must be appointed at
public expense for a person with a disability who is a party to or a
witness in a criminal proceeding.
(Added to NRS by 1979, 656; A 2001, 1775 )
1. If an interpreter appointed for a person with a disability is
not effectively or accurately communicating with or on behalf of the
person with a disability, and that fact becomes known to the person who
appointed him, another interpreter must be appointed.
2. Unless otherwise agreed upon by the parties, a person may not
be appointed as an interpreter of a person with a disability in a
proceeding if he is:
(a) The spouse of the person with a disability or related to him; or
(b) Otherwise interested in the outcome of the proceeding or biased
for or against one of the parties.
3. Whenever possible, a person with a disability must be given an
interpreter of his choice or one of whom he approves.
(Added to NRS by 1979, 656; A 2001, 1775 )
1. Before undertaking his duties, the interpreter shall swear or
affirm that he will make a true interpretation in an understandable
manner to the person for whom he has been appointed, and that he will
repeat the statements of the person with a disability in the English
language to the best of his ability.
2. While in the proper performance of his duties, an interpreter
acts in the place of the person with a disability and to that extent has
all of the rights and privileges of that person for purposes of the
proceeding, including access to all relevant material.
(Added to NRS by 1979, 656; A 2001, 1775 )
1. Except as otherwise provided by a regulation of the court
administrator adopted pursuant to NRS 1.510 and 1.520 , a
person shall not act as an interpreter in a proceeding if he is:
(a) The spouse of a witness;
(b) Otherwise related to a witness;
(c) Biased for or against one of the parties; or
(d) Otherwise interested in the outcome of the proceeding.
2. Before undertaking his duties, the interpreter shall swear or
affirm that he will:
(a) To the best of his ability, translate accurately to the
witness, in the language of the witness, questions and statements
addressed to the witness;
(b) Make a true interpretation of the statements of the witness in
an understandable manner; and
(c) Repeat the statements of the witness in the English language to
the best of his ability.
3. While in the proper performance of his duties, an interpreter
has the same rights and privileges as the witness, including the right to
examine all relevant material, but is not entitled to waive or exercise
any of those rights or privileges on behalf of the witness.
4. As used in this section, “interpreter” means a person who is
readily able to communicate with a person who speaks a language other
than English and does not know the English language, translate the
proceedings for him and accurately repeat and translate the statements of
the person in a language other than English to the court, magistrate or
other person presiding. The term does not include an interpreter for a
person with a disability as that term is defined in NRS 50.050 .
(Added to NRS by 1995, 803; A 2001, 1775 )
1. The judge presiding at the trial shall not testify in that
trial as a witness.
2. If he is called to testify, no objection need be made in order
to preserve the point.
(Added to NRS by 1971, 788)
1. A member of the jury shall not testify as a witness in the
trial of the case in which he is sitting as a juror. If he is called to
testify, the opposing party shall be afforded an opportunity to object
out of the presence of the jury.
2. Upon an inquiry into the validity of a verdict or indictment:
(a) A juror shall not testify concerning the effect of anything
upon his or any other juror’s mind or emotions as influencing him to
assent to or dissent from the verdict or indictment or concerning his
mental processes in connection therewith.
(b) The affidavit or evidence of any statement by a juror
indicating an effect of this kind is inadmissible for any purpose.
(Added to NRS by 1971, 788)
1. A person is not incompetent to be a witness solely by reason of
the fact that he or a member of his family has received medical,
psychiatric, or psychological care or counseling in connection with the
act or event giving rise to the proceeding.
2. Evidence relating to such care or counseling is not
inadmissible by reason of this section, if otherwise admissible under the
provisions of this title.
(Added to NRS by 1987, 928)
1. A defendant is not incompetent to be a witness solely by reason
of the fact that he enters into an agreement with the prosecuting
attorney in which he agrees to testify against another defendant in
exchange for a plea of guilty or nolo contendere to a lesser charge or
for a recommendation of a reduced sentence.
2. The testimony of the defendant who is testifying may be
admitted whether or not he has entered his plea or been sentenced
pursuant to the agreement with the prosecuting attorney.
(Added to NRS by 1991, 292; A 1995, 2466; 2003, 1480 )
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 witness or who has received a summons to appear as
a witness in a judicial or administrative proceeding, who deprives the
witness or person summoned of his employment, as a consequence of his
service as a witness or prospective witness, or who asserts to the
witness or person summoned that his service as a witness or prospective
witness will result in termination of his employment, is guilty of a
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; and
(d) Reasonable attorney’s fees fixed by the court.
(Added to NRS by 1981, 366; A 1995, 209)
IMPEACHMENT
The credibility of a witness may be
attacked by any party, including the party calling him.
(Added to NRS by 1971, 789)
1. Opinion evidence as to the character of a witness is admissible
to attack or support his credibility but subject to these limitations:
(a) Opinions are limited to truthfulness or untruthfulness; and
(b) Opinions of truthful character are admissible only after the
introduction of opinion evidence of untruthfulness or other evidence
impugning his character for truthfulness.
2. Evidence of the reputation of a witness for truthfulness or
untruthfulness is inadmissible.
3. Specific instances of the conduct of a witness, for the purpose
of attacking or supporting his credibility, other than conviction of
crime, may not be proved by extrinsic evidence. They may, however, if
relevant to truthfulness, be inquired into on cross-examination of the
witness himself or on cross-examination of a witness who testifies to an
opinion of his character for truthfulness or untruthfulness, subject to
the general limitations upon relevant evidence and the limitations upon
interrogation and subject to the provisions of NRS 50.090 .
(Added to NRS by 1971, 789; A 1975, 1132)
In any prosecution for sexual assault or
statutory sexual seduction or for attempt to commit or conspiracy to
commit either crime, the accused may not present evidence of any previous
sexual conduct of the victim of the crime to challenge the victim’s
credibility as a witness unless the prosecutor has presented evidence or
the victim has testified concerning such conduct, or the absence of such
conduct, in which case the scope of the accused’s cross-examination of
the victim or rebuttal must be limited to the evidence presented by the
prosecutor or victim.
(Added to NRS by 1975, 1132; A 1977, 1630; 1991, 126)
1. For the purpose of attacking the credibility of a witness,
evidence that he has been convicted of a crime is admissible but only if
the crime was punishable by death or imprisonment for more than 1 year
under the law under which he was convicted.
2. Evidence of a conviction is inadmissible under this section if
a period of more than 10 years has elapsed since:
(a) The date of the release of the witness from confinement; or
(b) The expiration of the period of his parole, probation or
sentence, whichever is the later date.
3. Evidence of a conviction is inadmissible under this section if
the conviction has been the subject of a pardon.
4. Evidence of juvenile adjudications is inadmissible under this
section.
5. The pendency of an appeal therefrom does not render evidence of
a conviction inadmissible. Evidence of the pendency of an appeal is
admissible.
6. A certified copy of a conviction is prima facie evidence of the
conviction.
(Added to NRS by 1971, 789; A 1981, 1646)
Evidence of the beliefs
or opinions of a witness on matters of religion is inadmissible for the
purpose of showing that by reason of their nature his credibility is
impaired or enhanced.
(Added to NRS by 1971, 789)
EXAMINATION OF WITNESSES
1. The judge shall exercise reasonable control over the mode and
order of interrogating witnesses and presenting evidence:
(a) To make the interrogation and presentation effective for the
ascertainment of the truth;
(b) To avoid needless consumption of time; and
(c) To protect witnesses from undue harassment or embarrassment.
2. Cross-examination is limited to the subject matter of the
direct examination and matters affecting the credibility of the witness,
unless the judge in the exercise of discretion permits inquiry into
additional matters as if on direct examination.
3. Except as provided in subsection 4:
(a) Leading questions may not be used on the direct examination of
a witness without the permission of the court.
(b) Leading questions are permitted on cross-examination.
4. Except that the prosecution may not call the accused in a
criminal case, a party is entitled to call:
(a) An adverse party; or
(b) A witness identified with an adverse party,
Ê and interrogate by leading questions. The attorney for the adverse
party may employ leading questions in cross-examining the party or
witness so called only to the extent permissible if he had called that
person on direct examination.
(Added to NRS by 1971, 789; A 1979, 24)
1. If a witness uses a writing to refresh his memory, either
before or while testifying, an adverse party is entitled:
(a) To have it produced at the hearing;
(b) To inspect it;
(c) To cross-examine the witness thereon; and
(d) To introduce in evidence those portions which relate to the
testimony of the witness for the purpose of affecting his credibility.
2. If it is claimed that the writing contains matters not related
to the subject matter of the testimony, the judge shall examine the
writing in chambers, excise any portions not so related, and order
delivery of the remainder to the party entitled thereto. Any portion
withheld over objections shall be preserved and made available to the
appellate court in the event of an appeal.
3. If a writing is not produced or delivered pursuant to order
under this section, the judge shall make any order which justice
requires, except that in criminal cases when the State elects not to
comply, the order shall be one:
(a) Striking the testimony; or
(b) If the judge in his discretion determines that the interests of
justice so require, declaring a mistrial.
(Added to NRS by 1971, 790)
1. In examining a witness concerning a prior statement made by
him, whether written or not, the statement need not be shown or its
contents disclosed to him, but on request the statement shall be shown or
disclosed to opposing counsel.
2. Extrinsic evidence of a prior contradictory statement by a
witness is inadmissible unless:
(a) The statement fulfills all the conditions required by
subsection 3 of NRS 51.035 ; or
(b) The witness is afforded an opportunity to explain or deny the
statement and the opposite party is afforded an opportunity to
interrogate him thereon.
(Added to NRS by 1971, 790)
1. The judge may, on his own motion or at the suggestion of a
party, call witnesses, and all parties are entitled to cross-examine
witnesses thus called.
2. The judge may interrogate witnesses, whether called by himself
or by a party. The parties may object to questions so asked and to
evidence thus adduced at any time prior to the submission of the cause.
(Added to NRS by 1971, 790)
1. Except as otherwise provided in subsections 2 and 3, at the
request of a party the judge shall order witnesses excluded so that they
cannot hear the testimony of other witnesses, and he may make the order
of his own motion.
2. This section does not authorize the exclusion of:
(a) A party who is a natural person;
(b) An officer or employee of a party which is not a natural person
designated as its representative by its attorney;
(c) A person whose presence is shown by a party to be essential to
the presentation of his cause; or
(d) Except as otherwise provided in NRS 171.204 , any of the persons listed in subsection 1 of
that section.
3. A person who is called as a witness primarily for the purpose
of identifying the victim may not be excluded except in the discretion of
the judge.
(Added to NRS by 1971, 790; A 1995, 72, 997; 1997, 513)
ATTENDANCE OF WITNESSES
1. A witness, duly served with a subpoena, shall attend at the
time appointed, with any papers under his control required by the
subpoena, to answer all pertinent and legal questions, and, unless sooner
discharged, to remain till the testimony is closed.
2. A person present in court or before a judicial officer may be
required to testify in the same manner as if he were in attendance upon a
subpoena issued by such court or officer.
(Added to NRS by 1971, 791)
Every person who
has been, in good faith, served with a subpoena to attend as a witness
before a court, judge, commissioner, master or other person, in a case
where the disobedience of the witness may be punished as a contempt, is
exonerated from arrest in a civil action while going to the place of
attendance, necessarily remaining there, and returning therefrom.
(Added to NRS by 1971, 791)
1. The arrest of a witness contrary to NRS 50.175 is void.
2. An officer is not liable to the party for making the arrest in
ignorance of the facts creating the exoneration, but is liable for any
subsequent detention of the party, if such party claims the exemption and
makes an affidavit, stating:
(a) That he has been served with a subpoena to attend as a witness
before a court, officer or other person, specifying the same, the place
of attendance and the action or proceeding in which the subpoena was
issued; and
(b) That he has not been thus served by his own procurement, with
the intention of avoiding an arrest.
(Added to NRS by 1971, 791)
1. Refusal to be sworn or to answer as a witness may be punished
as a contempt by the court. In a civil action, if the person so refusing
is a party, the court may strike any pleading on his behalf, and may
enter judgment against him.
2. A witness disobeying a subpoena in a civil action shall also
forfeit to the party aggrieved the sum of $100 and all damages which he
may sustain by the failure of the witness to attend, which forfeiture and
damages may be recovered in a civil action.
3. A witness disobeying a subpoena issued on the part of a
defendant in a criminal action shall also forfeit to the defendant the
sum of $100, which may be recovered in a civil action, unless good cause
can be shown for his nonattendance.
(Added to NRS by 1971, 791)
In
case of failure of a witness to attend, the court or officer issuing the
subpoena, upon proof of the service thereof and of the failure of the
witness, may issue a warrant to the sheriff of the county to arrest the
witness and bring him before the court or officer where his attendance
was required.
(Added to NRS by 1971, 791)
1. A person imprisoned in the state prison or in a county jail may
be examined as a witness in the district court pursuant to this section.
The examination may only be made on motion of a party upon affidavit
showing the nature of the action or proceeding, the testimony expected
from the witness, and its materiality.
2. In a civil action, if the witness is imprisoned in the county
where the action or proceeding is pending, his production may be required
by the court or judge. In all other cases, his examination, when allowed,
must be taken upon deposition.
3. In a criminal action, an order for that purpose may be made by
the district court or district judge, at chambers, and executed by the
sheriff of the county where the action is pending. Except as otherwise
provided by NRS 209.274 , the judge may
order the sheriff to bring the prisoner before the court at the expense
of the State or at the expense of the defendant.
4. If a person imprisoned in the state prison is required or
requested to appear as a witness in any action, the Department of
Corrections must be notified in writing:
(a) Not less than 7 business days before the date scheduled for his
appearance in court if the offender is incarcerated:
(1) In a prison located not more than 65 miles from Carson
City;
(2) In a prison located not more than 40 miles from Las
Vegas; or
(3) In a prison located not more than 95 miles from Ely.
(b) Not less than 14 business days before the date scheduled for
his appearance in court if the offender is incarcerated in a prison which
is located at a distance which exceeds those specified in paragraph (a).
(Added to NRS by 1971, 791; A 1995, 2596; 2001 Special Session, 214
)
FEES OF WITNESSES
1. For attending the courts of this State in any criminal case, or
civil suit or proceeding before a court of record, master, commissioner,
justice of the peace, or before the grand jury, in obedience to a
subpoena, each witness is entitled:
(a) To be paid a fee of $25 for each day’s attendance, including
Sundays and holidays.
(b) Except as otherwise provided in this paragraph, to be paid for
attending a court of the county in which he resides at the rate of 19
cents a mile for each mile necessarily and actually traveled from and
returning to the place of residence by the shortest and most practical
route. A board of county commissioners may provide that, for each mile so
traveled to attend a court of the county in which he resides, each
witness is entitled to be paid an amount equal to the allowance for
travel by private conveyance provided for state officers and employees
generally pursuant to subsection 3 of NRS 281.160 . If the board so provides, each witness at any
other hearing or proceeding held in that county who is entitled to
receive the payment for mileage specified in this paragraph must be paid
mileage in an amount equal to the allowance for travel by private
conveyance provided for state officers and employees generally pursuant
to subsection 3 of NRS 281.160 .
2. In addition to the fee and payment for mileage specified in
subsection 1, a board of county commissioners may provide that, for each
day of attendance in a court of the county in which he resides, each
witness is entitled to be paid a per diem allowance in an amount equal to
the per diem allowance provided for state officers and employees
generally while away from the office and within this State pursuant to
subsection 1 of NRS 281.160 . If the
board so provides, each witness at any other hearing or proceeding held
in that county who is a resident of that county and who is entitled to
receive the fee specified in paragraph (a) of subsection 1, must be paid,
in addition to that fee, a per diem allowance in an amount equal to the
per diem allowance provided in this subsection.
3. If a witness is from without the county, or, being a resident
of another state, voluntarily appears as a witness at the request of the
Attorney General or the district attorney and the board of county
commissioners of the county in which the court is held, he is entitled to
reimbursement for the actual and necessary expenses for going to and
returning from the place where the court is held. He is also entitled to
receive the same allowances for subsistence and lodging as are provided
for state officers and employees generally.
4. Any person in attendance at a trial who is sworn as a witness
is entitled to the fees, the per diem allowance, if any, travel expenses
and any other reimbursement set forth in this section, irrespective of
the service of a subpoena.
5. Witness fees, per diem allowances, travel expenses and other
reimbursement in civil cases must be taxed as disbursement costs against
the defeated party upon proof by affidavit that they have been actually
incurred. Costs must not be allowed for more than two witnesses to the
same fact or series of facts, and a party plaintiff or defendant must not
be allowed any fees, per diem allowance, travel expenses or other
reimbursement for attendance as a witness in his own behalf.
6. A person is not obligated to appear in a civil action or
proceeding unless he has been paid an amount equal to 1 day’s fees, the
per diem allowance provided by the board pursuant to subsection 2, if
any, and the travel expenses reimbursable pursuant to this section.
(Added to NRS by 1971, 792; A 1975, 1422; 1977, 776; 1981, 367;
1987, 549; 1993, 920; 1995, 105)
Where criminal or quasi-criminal cases originating in the
municipal court of an incorporated city are brought before the district
court, the county clerk shall give a statement of the amounts due to
witnesses to the district judge, who shall, upon approval thereof, by an
order subscribed by him, direct the city treasurer to pay the amounts
due. Upon the production of the order, or a certified copy thereof, the
city treasurer shall pay the sum specified therein out of any fund in the
city treasury not otherwise specially appropriated or set apart. It is
not necessary for such an order to be otherwise audited or approved.
(Added to NRS by 1971, 792; A 1987, 550, 1717)
No attorney or
counselor at law, in any case, shall be allowed any fees for attending as
a witness in such case.
(Added to NRS by 1971, 793)
OPINIONS AND EXPERT TESTIMONY
As used in NRS 50.260
to 50.345 , inclusive, unless the context otherwise
requires, “prohibited substance” has the meaning ascribed to it in NRS
484.1245 .
(Added to NRS by 1999, 3400 )
If the witness is not
testifying as an expert, his testimony in the form of opinions or
inferences is limited to those opinions or inferences which are:
1. Rationally based on the perception of the witness; and
2. Helpful to a clear understanding of his testimony or the
determination of a fact in issue.
(Added to NRS by 1971, 793)
If scientific, technical or
other specialized knowledge will assist the trier of fact to understand
the evidence or to determine a fact in issue, a witness qualified as an
expert by special knowledge, skill, experience, training or education may
testify to matters within the scope of such knowledge.
(Added to NRS by 1971, 793)
1. The facts or data in the particular case upon which an expert
bases an opinion or inference may be those perceived by or made known to
him at or before the hearing.
2. If of a type reasonably relied upon by experts in forming
opinions or inferences upon the subject, the facts or data need not be
admissible in evidence.
(Added to NRS by 1971, 793)
Testimony in the form of an
opinion or inference otherwise admissible is not objectionable because it
embraces an ultimate issue to be decided by the trier of fact.
(Added to NRS by 1971, 793)
The expert may testify in terms of opinion or inference and give his
reasons therefor without prior disclosure of the underlying facts or
data, unless the judge requires otherwise. The expert may in any event be
required to disclose the underlying facts or data on cross-examination.
(Added to NRS by 1971, 793)
1. The affidavit or declaration of a laboratory director who has
qualified in the district court of any county as an expert witness to
testify regarding the results of a test of a medical laboratory is
admissible in evidence in any civil, criminal or administrative
proceeding to prove:
(a) That the affiant or declarant is a laboratory director.
(b) The results of a test that the medical laboratory is licensed
to conduct and which is conducted by the medical laboratory of which the
affiant or declarant is the laboratory director.
Ê The affidavit or declaration must contain the evidentiary foundation
upon which the results of the test are based, including the description
of the test, the personnel involved and the controls employed in
conducting the test.
2. As used in this section:
(a) “Laboratory director” has the meaning ascribed to it in NRS
652.050 .
(b) “Medical laboratory” has the meaning ascribed to it in NRS
652.060 .
(Added to NRS by 1993, 248; A 1997, 1418)
1. The affidavit or declaration of a person is admissible in
evidence in any grand jury hearing, preliminary hearing or administrative
proceeding to prove:
(a) That the affiant or declarant has been certified by the
Director of the Department of Public Safety as being competent to operate
devices of a type certified by the Committee on Testing for Intoxication
as accurate and reliable for testing a person’s breath to determine the
concentration of alcohol in his breath;
(b) The identity of a person from whom the affiant or declarant
obtained a sample of breath; and
(c) That the affiant or declarant tested the sample using a device
of a type so certified and that the device was functioning properly.
2. The affidavit or declaration of a person who prepared a
chemical solution or gas that has been used in calibrating a device for
testing another’s breath to determine the concentration of alcohol in his
breath is admissible in evidence in any grand jury hearing, preliminary
hearing or administrative proceeding to prove:
(a) The occupation of the affiant or declarant; and
(b) That the solution or gas has the chemical composition necessary
for accurately calibrating it.
3. The affidavit or declaration of a person who calibrates a
device for testing another’s breath to determine the concentration of
alcohol in his breath is admissible in evidence in any grand jury
hearing, preliminary hearing or administrative proceeding to prove:
(a) The occupation of the affiant or declarant;
(b) That on a specified date the affiant or declarant calibrated
the device at a named law enforcement agency by using the procedures and
equipment prescribed in the regulations of the Committee on Testing for
Intoxication;
(c) That the calibration was performed within the period required
by the Committee’s regulations; and
(d) Upon completing the calibration of the device, it was operating
properly.
4. The affidavit or declaration made under the penalty of perjury
of a person who withdraws a sample of blood from another for analysis by
an expert as set forth in NRS 50.320 is
admissible in any grand jury hearing, preliminary hearing or
administrative proceeding to prove:
(a) The occupation of the affiant or declarant;
(b) The identity of the person from whom the affiant or declarant
withdrew the sample;
(c) The fact that the affiant or declarant kept the sample in his
sole custody or control and in substantially the same condition as when
he first obtained it until delivering it to another; and
(d) The identity of the person to whom the affiant or declarant
delivered it.
5. The affidavit or declaration of a person who receives from
another a sample of blood or urine or other tangible evidence that is
alleged to contain alcohol or a controlled substance, chemical, poison,
organic solvent or another prohibited substance may be admitted in any
grand jury hearing, preliminary hearing or civil or administrative
proceeding to prove:
(a) The occupation of the affiant or declarant;
(b) The fact that the affiant or declarant received a sample or
other evidence from another person and kept it in his sole custody or
control in substantially the same condition as when he first received it
until delivering it to another; and
(c) The identity of the person to whom the affiant or declarant
delivered it.
6. The Committee on Testing for Intoxication shall adopt
regulations prescribing the form of the affidavits and declarations
described in this section.
(Added to NRS by 1971, 929, 2048; A 1973, 891; 1975, 647; 1983,
1084, 1914; 1985, 1972; 1987, 798, 1544, 1579; 1989, 77; 1993, 84, 2079;
1995, 2712; 1997, 1419; 1999, 2468 , 3400 ; 2001, 172 , 2555 ; 2005, 2044 )
1. The affidavit or declaration of a chemist and any other person
who has qualified in the district court of any county to testify as an
expert witness regarding the presence in the breath, blood or urine of a
person of alcohol, a controlled substance, or a chemical, poison, organic
solvent or another prohibited substance, or the identity or quantity of a
controlled substance alleged to have been in the possession of a person,
which is submitted to prove:
(a) The quantity of the purported controlled substance; or
(b) The concentration of alcohol or the presence or absence of a
controlled substance, chemical, poison, organic solvent or another
prohibited substance, as the case may be,
Ê is admissible in the manner provided in this section.
2. An affidavit or declaration which is submitted to prove any
fact set forth in subsection 1 must be admitted into evidence when
submitted during any administrative proceeding, preliminary hearing or
hearing before a grand jury. The court shall not sustain any objection to
the admission of such an affidavit or declaration.
3. The Committee on Testing for Intoxication shall adopt
regulations prescribing the form of the affidavits and declarations
described in this section.
(Added to NRS by 1995, 2712; A 1997, 1420; 1999, 443 , 2469 , 3402 ; 2001, 172 ; 2005, 2046 )
1. If a person is charged with an offense listed in subsection 4,
and it is necessary to prove:
(a) The existence of any alcohol;
(b) The quantity of a controlled substance; or
(c) The existence or identity of a controlled substance, chemical,
poison, organic solvent or another prohibited substance,
Ê the prosecuting attorney may request that the affidavit or declaration
of an expert or other person described in NRS 50.315 and 50.320
be admitted into evidence at the preliminary hearing or hearing before a
grand jury concerning the offense.
2. The affidavit or declaration must be admitted into evidence
upon submission.
3. The provisions of this section do not prohibit either party
from producing any witness to offer testimony at a preliminary hearing or
hearing before a grand jury.
4. The provisions of this section apply to any of the following
offenses:
(a) An offense punishable pursuant to NRS 202.257 , 455A.170 , 455B.080 , 493.130 or 639.283 .
(b) An offense punishable pursuant to chapter 453 , 484 or 488 of NRS.
(c) A homicide resulting from driving, operating or being in actual
physical control of a vehicle or a vessel under power or sail while under
the influence of intoxicating liquor or a controlled substance or
resulting from any other conduct prohibited by NRS 484.379 , 484.3795 , 484.37955 , subsection 2 of NRS 488.400 , NRS 488.410 , 488.420 or 488.425 .
(d) Any other offense for which it is necessary to prove, as an
element of the offense:
(1) The existence of any alcohol;
(2) The quantity of a controlled substance; or
(3) The existence or identity of a controlled substance,
chemical, poison, organic solvent or another prohibited substance.
(Added to NRS by 1971, 929; A 1973, 891; 1975, 648; 1983, 111,
1084, 1916; 1987, 302, 765, 1546, 1575; 1989, 78, 1908; 1993, 85; 1995,
2714; 1997, 332; 1999, 3402 ; 2005, 161 , 2046 )
In
any prosecution for sexual assault, expert testimony is not inadmissible
to show that the victim’s behavior or mental or physical condition is
consistent with the behavior or condition of a victim of sexual assault.
(Added to NRS by 1985, 843)
DESIGNATION OF ATTENDANT TO PROVIDE SUPPORT TO VICTIM OF ACT OF DOMESTIC
VIOLENCE
018 ”
defined.
1. In any civil action involving a victim of an act of domestic
violence pursuant to NRS 33.018 , the
victim may designate a person to act as an attendant during any
proceeding to provide support to the victim.
2. The victim may designate any person to act as an attendant.
3. An attendant:
(a) Is not required to possess or obtain any special
qualifications, such as certification or training, to serve as an
attendant pursuant to this section.
(b) Shall be available to provide moral and emotional support to
the victim.
(c) Shall be available to assist the victim in feeling more
confident that the victim will not be injured or threatened at any time
during any proceeding.
(d) Unless otherwise ordered by the court, must be allowed to be
present in close proximity to the victim during any proceeding.
4. Unless the attendant is an attorney licensed or otherwise
authorized to practice in this State, the attendant shall not provide any
legal advice to the victim. Any action taken by the attendant in
accordance with this section shall be deemed not to constitute the
unauthorized practice of law pursuant to NRS 7.285 .
5. The attendant may be designated by a party as a witness and
must not be excluded from the proceedings. If a party designates the
attendant as a witness, the attendant must be examined and cross-examined
before any other witness testifies.
6. For the purposes of this section, “victim of an act of domestic
violence pursuant to NRS 33.018 ”
includes any person who alleges that he is a victim of an act of domestic
violence pursuant to NRS 33.018 ,
regardless of whether or not the alleged perpetrator of the act of
domestic violence has been charged with or convicted of any criminal
offense related to that act.
(Added to NRS by 2003, 542 )
UNIFORM CHILD WITNESS TESTIMONY BY ALTERNATIVE METHODS ACT
The provisions of NRS 50.500 to 50.620 ,
inclusive, may be cited as the Uniform Child Witness Testimony by
Alternative Methods Act.
(Added to NRS by 2003, 988 )
As used in NRS 50.500 to 50.620 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 50.520 to 50.550 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 2003, 988 )
“Alternative method”
means a method by which a child witness testifies which does not include
all of the following:
1. Having the child testify in person in an open forum;
2. Having the child testify in the presence and full view of the
finder of fact and presiding officer; and
3. Allowing all of the parties to be present, to participate and
to view and be viewed by the child.
(Added to NRS by 2003, 988 )
“Child witness” means a child
under the age of 14 years who has been or will be called to testify in a
proceeding.
(Added to NRS by 2003, 988 )
“Criminal proceeding”
means:
1. A trial or hearing before a court in a prosecution of a person
charged with violating a criminal law of this State; or
2. A delinquency proceeding which is conducted pursuant to title 5
of NRS.
(Added to NRS by 2003, 988 )
“Noncriminal
proceeding” means a trial or hearing before a court or an administrative
agency of this State having judicial or quasi-judicial powers, other than
a criminal proceeding.
(Added to NRS by 2003, 988 )
1. The provisions of NRS 50.500
to 50.620 , inclusive, apply to the
testimony of a child witness in a criminal or noncriminal proceeding.
2. The provisions of NRS 50.500
to 50.620 , inclusive, do not preclude:
(a) In a noncriminal proceeding, any other procedure permitted by
law for a child witness to testify; or
(b) In a delinquency proceeding which is conducted pursuant to
title 5 of NRS, testimony by a child witness in a closed forum as
authorized by NRS 62D.010 .
(Added to NRS by 2003, 988 )
1. The presiding officer in a criminal or noncriminal proceeding:
(a) May order a hearing to determine whether to allow a child
witness to testify by an alternative method.
(b) For good cause shown, shall order the hearing upon motion of a
party, a child witness, or a natural person determined by the presiding
officer to have sufficient standing to act on behalf of the child.
2. A hearing to determine whether to allow a child witness to
testify by an alternative method must be conducted on the record after
reasonable notice to all parties, any nonparty movant, and any other
person the presiding officer specifies. The child’s presence is not
required at the hearing unless ordered by the presiding officer. In
conducting the hearing, the presiding officer is not bound by rules of
evidence except the rules of privilege.
(Added to NRS by 2003, 988 )
1. In a criminal proceeding, the presiding officer may allow a
child witness to testify by an alternative method only in the following
situations:
(a) The child may testify otherwise than in an open forum in the
presence and full view of the finder of fact if the presiding officer
finds by clear and convincing evidence that the child would suffer
serious emotional trauma that would substantially impair the child’s
ability to communicate with the finder of fact if required to testify in
the open forum.
(b) The child may testify other than face-to-face with the
defendant if the presiding officer finds by clear and convincing evidence
that the child would suffer serious emotional trauma that would
substantially impair the child’s ability to communicate with the finder
of fact if required to be confronted face-to-face by the defendant.
2. In a noncriminal proceeding, the presiding officer may allow a
child witness to testify by an alternative method if the presiding
officer finds by a preponderance of the evidence that allowing the child
to testify by an alternative method is necessary to serve the best
interests of the child or enable the child to communicate with the finder
of fact. In making this finding, the presiding officer shall consider:
(a) The nature of the proceeding;
(b) The age and maturity of the child;
(c) The relationship of the child to the parties in the proceeding;
(d) The nature and degree of emotional trauma that the child may
suffer in testifying; and
(e) Any other relevant factor.
(Added to NRS by 2003, 989 )
If the presiding officer determines that a standard pursuant to
NRS 50.580 has been met, the presiding
officer shall determine whether to allow a child witness to testify by an
alternative method. In making this determination, the presiding officer
shall consider:
1. Alternative methods reasonably available;
2. Available means for protecting the interests of or reducing
emotional trauma to the child without resorting to an alternative method;
3. The nature of the case;
4. The relative rights of the parties;
5. The importance of the proposed testimony of the child;
6. The nature and degree of emotional trauma that the child may
suffer if an alternative method is not used; and
7. Any other relevant factor.
(Added to NRS by 2003, 989 )
1. An order allowing or disallowing a child witness to testify by
an alternative method must state the findings of fact and conclusions of
law that support the presiding officer’s determination.
2. An order allowing a child witness to testify by an alternative
method must:
(a) State the method by which the child is to testify;
(b) List any natural person or category of natural person allowed
to be in, or required to be excluded from, the presence of the child
during the testimony;
(c) State any special conditions necessary to facilitate a party’s
right to examine or cross-examine the child;
(d) State any condition or limitation upon the participation of
natural persons present during the testimony of the child; and
(e) State any other condition necessary for taking or presenting
the testimony.
3. The alternative method ordered by the presiding officer may be
no more restrictive of the rights of the parties than is necessary under
the circumstances to serve the purposes of the order.
(Added to NRS by 2003, 989 )
An
alternative method ordered by the presiding officer must permit a full
and fair opportunity for examination or cross-examination of the child
witness by each party.
(Added to NRS by 2003, 990 )
In
applying and construing the Uniform Child Witness Testimony by
Alternative Methods Act, consideration must be given to the need to
promote uniformity of the law with respect to its subject matter among
states that enact it.
(Added to NRS by 2003, 990 )
