USA Statutes : nevada
Title : Title 04 - WITNESSES AND EVIDENCE
Chapter : CHAPTER 52 - DOCUMENTARY AND OTHER PHYSICAL EVIDENCE
1. The requirement of authentication or identification as a
condition precedent to admissibility is satisfied by evidence or other
showing sufficient to support a finding that the matter in question is
what its proponent claims.
2. The provisions of NRS 52.025
to 52.105 , inclusive, are illustrative
and not restrictive examples of authentication or identification which
conform to the requirements of this section.
3. Every authentication or identification is rebuttable by
evidence or other showing sufficient to support a contrary finding.
(Added to NRS by 1971, 798)
The testimony of
a witness is sufficient for authentication or identification if he has
personal knowledge that a matter is what it is claimed to be.
(Added to NRS by 1971, 798)
Nonexpert opinion as
to the genuineness of handwriting is sufficient for authentication or
identification if it is based upon familiarity not acquired for purposes
of the litigation.
(Added to NRS by 1971, 798)
Comparison by the trier of fact or by expert witnesses with specimens
which have been authenticated is sufficient for authentication.
(Added to NRS by 1971, 798)
Appearance,
contents, substance, internal patterns or other distinctive
characteristics are sufficient for authentication when taken in
conjunction with circumstances.
(Added to NRS by 1971, 798)
A voice, whether heard
firsthand or through mechanical or electronic transmission or recording,
is sufficiently identified by opinion based upon hearing the voice at any
time under circumstances connecting it with the alleged speaker.
(Added to NRS by 1971, 799)
A telephone conversation is
sufficiently authenticated by evidence that a call was made to the number
supplied by the telephone company for the person in question if:
1. The call was to a place of business and the conversation
related to business reasonably transacted over the telephone; or
2. Circumstances, including self-identification, show the person
answering to be the one called.
(Added to NRS by 1971, 799)
Evidence that:
1. A writing authorized by law to be recorded or filed and in fact
recorded or filed in a public office; or
2. A purported public record, report, statement or data
compilation, in any form,
Ê is from the public office where items of this nature are kept is
sufficient to authenticate the writing, record, report, statement or
compilation.
(Added to NRS by 1971, 799)
Evidence that
a document or data compilation, in any form:
1. Is in such condition as to create no suspicion concerning its
authenticity;
2. Was in a place where it, if authentic, would likely be; and
3. Is at least 20 years old at the time it is offered, is
sufficient to authenticate the document or compilation.
(Added to NRS by 1971, 799)
Evidence describing a process or
system used to produce a result and showing that the result is accurate
is sufficient to authenticate the result.
(Added to NRS by 1971, 799)
PRESUMPTIONS OF AUTHENTICITY
1. A document purporting to be executed or attested in his
official capacity by a person authorized by the laws of a foreign country
to make the execution or attestation is presumed to be authentic if it is
accompanied by a final certification as to the genuineness of the
signature and official position:
(a) Of the executing or attesting person; or
(b) Of any foreign official whose certificate of genuineness of
signature and official position relates to the execution or attestation
or is in a chain of certificates of genuineness of signature and official
position relating to the execution or attestation.
2. A final certification may be made by a secretary of embassy or
legation, consul general, consul, vice consul or consular agent of the
United States, or a diplomatic or consular official of the foreign
country assigned or accredited to the United States.
3. If reasonable opportunity has been given to all parties to
investigate the authenticity and accuracy of an official document the
court may, for good cause shown, order that it be treated as
presumptively authentic without final certification or permit it to be
evidenced by an attested summary with or without final certification.
(Added to NRS by 1971, 799)
1. A copy of an official record or report or entry therein, or of
a document authorized by law to be recorded or filed and actually
recorded or filed in a public office, including data compilations in any
form, is presumed to be authentic if it is certified as correct by the
custodian or other person authorized to make the certification.
2. As used in subsection 1, the term “official record” shall
include but not be limited to fingerprint classification cards kept by
law enforcement agencies of the Federal Government, the State of Nevada
or any other state.
(Added to NRS by 1971, 799; A 1973, 801)
Books, pamphlets or other
publications purporting to be issued by public authority are presumed to
be authentic.
(Added to NRS by 1971, 800)
Printed materials purporting
to be newspapers or periodicals are presumed to be authentic.
(Added to NRS by 1971, 800)
Inscriptions, signs, tags or labels purporting to have been affixed in
the course of business and indicating ownership, control or origin are
presumed to be authentic.
(Added to NRS by 1971, 800)
Documents accompanied by a
certificate of acknowledgment of a notary public or officer authorized by
law to take acknowledgments are presumed to be authentic.
(Added to NRS by 1971, 800)
The
testimony of a subscribing witness is not necessary to authenticate a
writing unless required by the laws of the jurisdiction whose laws govern
the validity of the writing.
(Added to NRS by 1971, 800)
CONTENTS OF WRITINGS, RECORDINGS AND PHOTOGRAPHS
As used in NRS 52.185 to 52.295 ,
inclusive, unless the context otherwise requires, the words defined in
NRS 52.195 to 52.225 , inclusive, have the meanings ascribed to them
in NRS 52.195 to 52.225 , inclusive.
(Added to NRS by 1971, 800)
“Duplicate” means a counterpart
produced:
1. By the same impression as the original;
2. From the same matrix;
3. By means of photography, including enlargements and miniatures;
4. By mechanical or electronic rerecording, including a
counterpart produced by an optical imaging system;
5. By chemical reproduction; or
6. By other equivalent technique designed to ensure an accurate
reproduction of the original.
(Added to NRS by 1971, 800; A 1995, 136)
1. An “original” of a writing or recording is the writing or
recording itself or any counterpart intended to have the same effect by a
person executing or issuing it.
2. An “original” of a photograph includes the negative or any
print therefrom.
3. If data are stored in a computer or similar device, any
printout or other output readable by sight, shown accurately to reflect
the data, is an “original.”
(Added to NRS by 1971, 800)
“Photographs” include still
photographs, X rays and motion pictures.
(Added to NRS by 1971, 800)
“Writings” and
“recordings” consist of letters, words or numbers, or their equivalent,
set down by handwriting, typewriting, printing, photostating,
photographing, magnetic impulse, mechanical or electronic recording, or
other form of data compilation.
(Added to NRS by 1971, 800)
To prove the content of a writing,
recording or photograph, the original writing, recording or photograph is
required, except as otherwise provided in this title.
(Added to NRS by 1971, 800)
1. In addition to the situations governed by subsection 2, a
duplicate is admissible to the same extent as an original unless:
(a) A genuine question is raised as to the authenticity of the
original; or
(b) In the circumstances it would be unfair to admit the duplicate
in lieu of the original.
2. Except as otherwise provided in NRS 52.247 , a duplicate is admissible to the same extent
as an original if the person or office having custody of the original was
authorized to destroy the original after preparing a duplicate, and in
fact did so.
(Added to NRS by 1971, 800; A 1995, 182)
1. Unless held in a fiduciary or custodial capacity or unless
specifically prohibited by a federal or state statute or regulation, by a
local ordinance or by an order or judgment of a court of competent
jurisdiction, if any business or governmental agency has, in the regular
course of its business:
(a) Produced, kept or maintained any document, memorandum, writing,
entry, print or other record of any act, transaction, occurrence or event
relating to the conduct of its business; and
(b) Caused any of those records to be rerecorded, copied or
reproduced by any photographic, photostatic or other process which
ensures an accurate reproduction or creates a reliable medium for
reproducing the original of any of those records,
Ê the business or governmental agency may, in the regular course of its
business, destroy any of those records.
2. Any rerecorded, copied or reproduced record specified in
subsection 1 is admissible to the same extent as an original, regardless
of whether the original is available for inspection or has been lost or
destroyed, if the rerecorded, copied or reproduced record is sufficiently
authenticated.
3. An enlargement or facsimile of a rerecorded, copied or
reproduced record specified in subsection 2 is admissible to the same
extent as an original if:
(a) The record has not been lost or destroyed; and
(b) It is available for inspection by the court.
Ê The introduction of an enlargement or facsimile of a record pursuant to
the provisions of this subsection does not prohibit the admission of the
original of that record.
4. If a governmental agency destroys any of its records and causes
those records to be recorded, copied or reproduced pursuant to subsection
1:
(a) The recorded, copied or reproduced record shall be deemed a
public record for the purposes of chapter 239
of NRS; and
(b) The governmental agency shall render such assistance as is
necessary to allow any member of the public access to the recorded,
copied or reproduced record if the record is not otherwise declared by
law to be confidential.
5. As used in this section, “business” means any proprietorship,
including any member of a profession licensed pursuant to title 54 of
NRS, corporation, partnership, association, trust, unincorporated
organization or other enterprise doing business in this State.
(Added to NRS by 1995, 181)
The content of recordings of telephone calls made through
a system established to provide a telephone number to be used in an
emergency, if otherwise admissible, may be proved by a copy or transcript
of the recording which is authenticated by a custodian of the records of
the system in a signed affidavit. The custodian must verify in the
affidavit that the copy or transcript is a true and complete reproduction
of the original recording and that the original recording was made at the
time of the telephone call and in the course of a regularly conducted
activity.
(Added to NRS by 1995, 903)
Except as
otherwise provided in NRS 52.247 , the
original is not required, and other evidence of the contents of a
writing, recording or photograph is admissible, if:
1. All originals are lost or have been destroyed, unless the loss
or destruction resulted from the fraudulent act of the proponent;
2. No original can be obtained by any available judicial process
or procedure;
3. At a time when an original was under the control of the party
against whom offered, he was put on notice, by the pleadings or
otherwise, that the contents would be a subject of proof at the hearing,
and he does not produce the original at the hearing; or
4. The writing, recording or photograph is not closely related to
a controlling issue.
(Added to NRS by 1971, 801; A 1995, 182; 1997, 1593)
1. The contents of a record made in the course of a regularly
conducted activity in accordance with NRS 51.135 , if otherwise admissible, may be proved by the
original or a copy of the record which is authenticated by a custodian of
the record or another qualified person in a signed affidavit.
2. The custodian of the record or other qualified person must
verify in the affidavit that the record was made:
(a) At or near the time of the act, event, condition, opinion or
diagnosis concerning which the information was recorded, by or from
information transmitted by a person with knowledge of the act or event;
and
(b) In the course of the regularly conducted activity.
3. The affidavit required by subsection 2 must be in substantially
the following form:
CERTIFICATE OF CUSTODIAN OF RECORDS
State of Nevada }
}ss.
County of............................................................. }
NOW COMES ................................, who after first being
duly sworn deposes and says:
1. That the deponent is the ................ (position or title)
................ of ............... (name of employer) ................
and in his capacity as .............. (position or title)
................ is a custodian of the records of ............. (name of
employer) ................
2. That ................. (name of employer) ................ is
licensed to do business as a ................... in the State of
................
3. That on the ....... day of the month of ....... of the year
......., the deponent was served with a subpoena in connection with the
above-entitled cause, calling for the production of records pertaining to
....................................
...........................................................................
...........................................................................
.
...........................................................................
...........................................................................
.
4. That the deponent has examined the original of those records
and has made or caused to be made a true and exact copy of them and that
the reproduction of them attached hereto is true and complete.
5. That the original of those records was made at or near the time
of the act, event, condition, opinion or diagnosis recited therein by or
from information transmitted by a person with knowledge, in the course of
a regularly conducted activity of the deponent or ............ (name of
employer) ................
...........................................................................
....
Subscribed and sworn to before me, a Notary Public, on this ....... day
of the month of ....... of the year .......
...........................................................................
...........................................................................
.
Notary Public ................ County, Nevada
My appointment
expires:...................................................................
........................................
4. A party intending to offer an affidavit pursuant to this
section must serve on the other parties a notice of the intent and make
available for inspection or copying the records of the regularly
conducted activity at least 10 days before the records are to be
introduced at a hearing, unless the court shortens this time for good
cause shown.
5. If during a trial or a proceeding for discovery, the
authenticity of a record of a regularly conducted activity is reasonably
questioned or if an interpretation of handwriting is in question, the
court may order the personal attendance of the custodian of the record or
other qualified person and may order that the original records be
produced.
6. For the purposes of this section:
(a) “Custodian of the records” means an employee or agent of an
employer who has the care, custody and control of the records of the
regularly conducted activity of the employer.
(b) “Employer” means:
(1) The State of Nevada, any state agency, county, city,
town, school district or other unit of local government;
(2) Any public or quasi-public corporation; or
(3) Any other person, firm, corporation, partnership or
association.
(c) “Records” means memoranda, reports, records or compilations of
data in any form which are kept in the course of an activity which is
regularly conducted by an employer.
(Added to NRS by 1995, 1727; A 2001, 27 )
1. Except as otherwise provided in NRS 52.247 , the contents of an official record, or of a
document authorized to be recorded or filed and actually recorded or
filed, including data compilations in any form, if otherwise admissible,
may be proved by copy, certified as correct by the custodian or other
person authorized to make the certification or testified to be correct by
a witness who has compared it with the original.
2. If a copy which complies with the foregoing cannot be obtained
by the exercise of reasonable diligence, then other evidence of the
contents may be given.
(Added to NRS by 1971, 801; A 1995, 182)
1. The contents of voluminous writings, recordings or photographs
which cannot conveniently be examined in court may be presented in the
form of a chart, summary or calculation.
2. The originals shall be made available for examination or
copying, or both, by other parties at a reasonable time and place. The
judge may order that the originals be produced in court.
(Added to NRS by 1971, 801)
Contents of
writings, recordings or photographs may be proved by the testimony or
deposition of the party against whom offered or by his written admission,
without accounting for the nonproduction of the original.
(Added to NRS by 1971, 801; A 1979, 37)
1. Except as otherwise provided in subsection 2, when the
admissibility of other evidence of contents under these rules depends
upon the fulfillment of a condition of fact, the question whether the
condition has been fulfilled is for the judge to determine.
2. When an issue is raised:
(a) Whether the asserted writing ever existed;
(b) Whether another writing, recording or photograph produced at
the trial is the original; or
(c) Whether other evidence of contents correctly reflects the
contents,
Ê the issue is for the trier of fact to determine as in the case of other
issues of fact.
(Added to NRS by 1971, 801)
EXECUTION OF WRITINGS
1. The signature of a party, when required to a written
instrument, is equally valid if the party cannot write, if:
(a) The person makes his mark;
(b) The name of the person making the mark is written near it; and
(c) The mark is witnessed by a person who writes his own name as a
witness.
2. In order that a signature by mark may be acknowledged or may
serve as the signature to any sworn statement, it must be witnessed by
two persons who must subscribe their own names as witnesses thereto.
(Added to NRS by 1971, 801)
The word “seal,” and the initial
letters “L.S.,” and other words, letters or characters of like import,
opposite the name of the signer of any instrument in writing, are
unnecessary to give such instrument legal effect, and any omission to use
them by the signer of any instrument does not impair the validity of such
instrument.
(Added to NRS by 1971, 802)
MEDICAL RECORDS
As used in NRS 52.320 to 52.375 ,
inclusive, unless the context otherwise requires:
1. “Custodian of medical records” means a chiropractor, physician,
registered physical therapist or licensed nurse who prepares and
maintains medical records, or any employee or agent of such a person or a
facility for convalescent care, medical laboratory or hospital who has
care, custody and control of medical records for such a person or
institution.
2. “Medical records” includes bills, ledgers, statements and other
accounts which show the cost of medical services or care provided to a
patient.
(Added to NRS by 1983, 535)
1. A custodian of medical records sufficiently complies with a
subpoena calling for the production of medical records in his custody if
he delivers, at or before the time set for the return of the subpoena,
either personally or by mail, to the clerk of the court issuing the
subpoena a true and exact photographic, electrostatic or other acceptable
copy of the original record authenticated as provided in this section.
This section does not apply to X-ray films or to any other portion of a
medical record which is not susceptible to photostatic reproduction.
2. The copy must be authenticated by an affidavit signed by the
custodian of the medical records verifying that it is a true and complete
reproduction of the original medical record and that the original record
was made at or near the time of the act, event, condition, opinion or
diagnosis by or from information transmitted by a person with knowledge
in the course of a regularly conducted activity.
3. If the court quashes or suppresses a subpoena for medical
records, it may order the subpoenaed record to be returned to the
submitting custodian.
4. The affidavit required by subsection 2 must be substantially in
the form prescribed in subsection 3 of NRS 52.260 .
(Added to NRS by 1973, 359; A 1977, 1534; 1983, 535; 1985, 1208;
1995, 1728)
1. Except as provided in NRS 52.365 , the copy of a medical record delivered
pursuant to NRS 52.325 shall be kept in
the custody of the clerk of the court issuing the subpoena, in a sealed
container supplied by the custodian of the medical record. This container
shall be clearly marked to identify the contents, the name of the
patient, the title and number of the court case, and shall not be opened
except pursuant to the direction of the court during the trial of the
case, for the purpose of discovery as provided in NRS 52.365 , or upon special order of the court.
2. The contents of the record shall be preserved and maintained as
a cohesive unit and shall not be separated except upon the order of the
court. Forty days after any final order dismissing or otherwise
terminating any case in which medical records have been subpoenaed, if no
appeal is taken, the records shall be returned intact and in complete
form to the submitting custodian. If an appeal is taken, the records
shall be returned 40 days after any final order terminating the appeal.
This return shall be accomplished through the use of a self-addressed,
stamped envelope which shall be contained within the package prepared and
sent to the court by the submitting custodian. The envelope or container
in which the record is delivered to the court shall be clearly marked to
identify its contents and to direct that it shall be returned to the
submitting custodian if developments occur which eliminate the necessity
of opening the envelope.
(Added to NRS by 1973, 360; A 1977, 1535)
The custodian of
the medical record which has been subpoenaed shall promptly notify the
attorney for the party who caused the subpoena to be issued that the
documents involved have been delivered to the court. For purposes of this
notice it is sufficient for the custodian to deliver to such attorney a
copy of the certificate verifying the contents and authenticity of the
medical record so supplied.
(Added to NRS by 1973, 360; A 1977, 1535)
1. If during a trial or discovery proceeding the authenticity of
the record or a question of interpretation of handwriting is involved,
the court may order the original documents produced.
2. If the personal attendance of a custodian of the medical
records is required, the subpoena shall clearly state such demand.
3. If a custodian will personally appear, the original medical
records shall be produced.
(Added to NRS by 1973, 360; A 1977, 1535)
1. If the contents of a medical record which has been delivered
pursuant to NRS 52.325 are the object
of a discovery proceeding by any party to the action, counsel may
stipulate for, or in the absence of stipulation the court may order:
(a) The delivery of the record to the officer before whom a
deposition is to be taken; or
(b) The copying of all or part of the record and the delivery of
the copies so made to the party or parties requesting them.
2. If the record is delivered for the purpose of a deposition it
shall be returned to the clerk immediately upon completion of the
deposition, and in either case mentioned in subsection 1 it shall upon
completion of the discovery proceeding be resealed by the clerk.
(Added to NRS by 1973, 360)
NRS 52.320 to 52.365 , inclusive, do not affect:
1. Subpoena fee requirements provided by statute or rule of court.
2. The admissibility of the contents of a medical record.
(Added to NRS by 1973, 361)
DISPOSAL OF PHYSICAL EVIDENCE BEFORE CRIMINAL TRIAL
1. At any time after property of any person other than the one
accused of the crime of which the property is evidence comes into the
custody of a peace officer or law enforcement agency, the rightful owner
of the property or a person entitled to possession of the property may
request the prosecuting attorney to return the property to him. Upon
receipt of such a request, the prosecuting attorney may, before the
property is released, require the peace officer or law enforcement agency
to take photographs of the property. Except as otherwise provided in
subsection 3, the peace officer or law enforcement agency shall return
the property to the person submitting the request within a reasonable
time after the receipt of the request, but in no event later than 180
days after the receipt of the request.
2. In the absence of such a request, the prosecuting attorney may
authorize the peace officer or law enforcement agency that has custody of
the property to return the property to its owner or a person who is
entitled to possession of the property.
3. If the prosecuting attorney to whom a request for the release
of property is made determines that the property is required for use as
evidence in a criminal proceeding, he may deny the request for the
release of the property.
4. Photographs of property returned pursuant to the provisions of
this section are admissible in evidence in lieu of the property in any
criminal or civil proceeding if they are identified and authenticated in
the proceeding by:
(a) The rightful owner of the property or person entitled to
possession of the property to whom the property was released;
(b) The peace officer or representative of the law enforcement
agency who released the property; or
(c) A credible witness who has personal knowledge of the property,
Ê in accordance with the provisions of NRS 52.185 to 52.295 ,
inclusive.
5. Any property subject to the provisions of this section which is
not returned under the provisions of this section must be disposed of as
provided in NRS 179.125 to 179.165
, inclusive.
(Added to NRS by 1975, 1183; A 1979, 694; 1985, 796; 1993, 279;
1999, 754 )
Except as otherwise provided in
NRS 453A.400 :
1. When any substance alleged to be a controlled substance,
dangerous drug or immediate precursor is seized from a defendant by a
peace officer, the law enforcement agency of which the officer is a
member may, with the prior approval of the prosecuting attorney, petition
the district court in the county in which the defendant is charged to
secure permission to destroy a part of the substance.
2. Upon receipt of a petition filed pursuant to subsection 1, the
district court shall order the substance to be accurately weighed and the
weight thereof accurately recorded. The prosecuting attorney or his
representative and the defendant or his representative must be allowed to
inspect and weigh the substance.
3. If after completion of the weighing process the defendant does
not knowingly and voluntarily stipulate to the weight of the substance,
the district court shall hold a hearing to make a judicial determination
of the weight of the substance. The defendant, his attorney and any other
witness the defendant may designate may be present and testify at the
hearing.
4. After a determination has been made as to the weight of the
substance, the district court may order all of the substance destroyed
except that amount which is reasonably necessary to enable each
interested party to analyze the substance to determine the composition of
the substance. The district court shall order the remaining sample to be
sealed and maintained for analysis before trial.
5. If the substance is finally determined not to be a controlled
substance, dangerous drug or immediate precursor, unless the substance
was destroyed pursuant to subsection 7, the owner may file a claim
against the county to recover the reasonable value of the property
destroyed pursuant to this section.
6. The district court’s finding as to the weight of a substance
destroyed pursuant to this section is admissible in any subsequent
proceeding arising out of the same transaction.
7. If at the time that a peace officer seizes from a defendant a
substance believed to be a controlled substance, dangerous drug or
immediate precursor, the peace officer discovers any material or
substance that he reasonably believes is hazardous waste, the peace
officer may appropriately dispose of the material or substance without
securing the permission of a court.
8. As used in this section:
(a) “Dangerous drug” has the meaning ascribed to it in NRS 454.201
.
(b) “Hazardous waste” has the meaning ascribed to it in NRS 459.430
.
(c) “Immediate precursor” has the meaning ascribed to it in NRS
453.086 .
(Added to NRS by 1975, 1183; A 1987, 1547; 1989, 183; 1999, 2641
; 2001, 3071 )
RECORDS OF CASINOS AND HOTELS
As used in NRS 52.405 to 52.435 ,
inclusive, unless the context otherwise requires:
1. “Custodian of the records of a casino or hotel” means an
employee or agent of a gaming licensee or hotel who has the care, custody
and control of the records of the casino or hotel.
2. “Records of a casino or hotel” means memoranda, reports,
records or compilations of data in any form which are kept in the course
of an activity which is regularly conducted by a gaming licensee or hotel.
(Added to NRS by 1985, 787)
The content of records of a
casino or hotel, if otherwise admissible, may be proved by a copy of the
record which is authenticated by a custodian of the records of a casino
or hotel in a signed affidavit. The custodian must verify in the
affidavit that the copy is a true and complete reproduction of the
original record of a hotel or casino and that the original record was
made at or near the time of the act or event concerning which information
was recorded, by or from information transmitted by a person with
knowledge of the act or event, and in the course of a regularly conducted
activity. The affidavit required by this section must be substantially in
the form prescribed in subsection 3 of NRS 52.260 .
(Added to NRS by 1985, 787; A 1995, 1729)
1. A custodian of the records of a hotel or casino complies with a
subpoena requesting the production of the records of a casino or hotel by
delivering true and complete copies of the original records to the
attorney for the party who caused the subpoena to be issued. The copies
may be delivered personally or by mail and must be accompanied by the
affidavit authenticating the records which is required by NRS 52.415
.
2. Upon receipt of the requested records, the attorney for the
party who caused the subpoena to be issued shall promptly notify all
parties to the action of their receipt and make the records available for
their inspection and copying.
3. The records must be preserved and maintained as a cohesive unit
and may not be separated except upon the order of the court.
(Added to NRS by 1985, 788)
If during a trial or a proceeding for discovery, the
authenticity of a record is reasonably questioned or if an interpretation
of handwriting is in question, the court may order the personal
attendance of the custodian of the records and may order that the
original records be produced.
(Added to NRS by 1985, 788)
RECORDS OF BANKING AND FINANCIAL INSTITUTIONS
As used in NRS 52.450 to 52.480 ,
inclusive, unless context otherwise requires:
1. “Banking or financial institution” means any bank, savings and
loan association, savings bank, thrift company or credit union licensed
to do business as such in this State or any other state.
2. “Custodian of the records of a banking or financial
institution” means an employee or agent of a banking or financial
institution who has the care, custody and control of the records of the
banking or financial institution.
3. “Records of a banking or financial institution” means
memoranda, reports, records or compilations of data in any form which are
kept in the course of an activity which is regularly conducted by a
banking or financial institution.
(Added to NRS by 1989, 323)
1. The content of records of a banking or financial institution,
if otherwise admissible, may be proved by a copy of the record which is
authenticated by a custodian of the records of a banking or financial
institution in a signed affidavit. The custodian must verify in the
affidavit that the copy is a true and complete reproduction of the
original record and that the original record was made at or near the time
of the act or event concerning which information was recorded, by or from
information transmitted by a person with knowledge of the act or event,
and in the course of a regularly conducted activity.
2. The affidavit required by subsection 1 must be substantially in
the form prescribed in subsection 3 of NRS 52.260 .
(Added to NRS by 1989, 323; A 1995, 1729)
1. A custodian of the records of a banking or financial
institution complies with a subpoena requesting the production of the
records of a banking or financial institution by delivering true and
complete copies of the original records to the attorney for the party who
caused the subpoena to be issued. The copies may be delivered personally
or by mail and must be accompanied by the affidavit authenticating the
records required by NRS 52.460 .
2. Upon receipt of the requested records, the attorney for the
party who caused the subpoena to be issued shall promptly notify all
parties to the action of their receipt and make the records available for
their inspection and copying.
3. The records must be preserved and maintained as a cohesive unit
and may not be separated except upon the order of the court.
(Added to NRS by 1989, 324)
If during a trial or a proceeding for discovery, the
authenticity of a record of a banking or financial institution is
reasonably questioned or if an interpretation of handwriting is in
question, the court may order the personal attendance of the custodian of
the records and may order that the original records be produced.
(Added to NRS by 1989, 324)
MISCELLANEOUS EVIDENCE
1. Photographs, samples and writings describing the measurements,
including actual net weight or estimated net weight, of hazardous waste
or a hazardous material are admissible in evidence in lieu of the waste
or material in any criminal or civil proceeding if they are authenticated.
2. As used in this section:
(a) “Hazardous material” has the meaning ascribed to it in NRS
459.7024 .
(b) “Hazardous waste” has the meaning ascribed to it in NRS 459.430
.
(Added to NRS by 1989, 183; A 1993, 850)
