USA Statutes : nevada
Title : Title 14 - PROCEDURE IN CRIMINAL CASES
Chapter : CHAPTER 172 - PROCEEDINGS AFTER COMMITMENT AND BEFORE INDICTMENT
As used in this chapter, unless the
context otherwise requires:
1. An indictment is an accusation in writing, presented by a grand
jury to a competent court, charging a person with a public offense.
2. A presentment is an informal statement in writing, by the grand
jury, representing to the court that a public offense has been committed,
which is triable within the district, and that there is reasonable ground
for believing that a particular person, named or described, has committed
it.
(Added to NRS by 1967, 1409)—(Substituted in revision for NRS
172.115 and 172.125)
Every public offense
must be prosecuted by indictment or information, except:
1. Where proceedings are had for the removal of a civil officer.
2. Offenses arising in the militia when in actual service in time
of war, or which this State may keep, with the consent of Congress, in
time of peace.
3. Offenses tried in municipal or Justice Courts, which shall be
prosecuted by complaint.
(Added to NRS by 1967, 1407; A 1969, 20)
When proceedings are had
for the removal of district, county, municipal or township officers, they
may be commenced by accusation, in writing, as provided in chapter 283
of NRS.
(Added to NRS by 1967, 1407)
All accusations, informations and
indictments against district, county, municipal and township officers
must be found or filed in the district court.
(Added to NRS by 1967, 1408)
FORMATION OF GRAND JURY
Grand juries shall be
impaneled as provided in chapter 6 of NRS.
(Added to NRS by 1967, 1408)
A
district judge may impanel a grand jury to inquire into a specific
limited matter among those set forth in NRS 172.175 . In that case, the judge shall charge the
grand jury as to its limited duties and give it such information as the
judge deems necessary. A grand jury that is impaneled for a specific
limited purpose shall not inquire into matters not related to that
purpose. A grand jury impaneled for a specific limited purpose may be
discharged after the grand jury completes its investigation and submits
its report. If the grand jury has not completed its investigation and
submitted its report within 1 year after it was impaneled, it shall, in a
closed hearing, show cause to the judge why it should not be discharged.
If the judge determines that it is in the public interest for the grand
jury to continue its investigation, the grand jury may continue for a
period which does not exceed 1 year.
(Added to NRS by 1985, 556)
The district attorney or a defendant who has been held to
answer in the district court may challenge the array of jurors on the
ground that the grand jury was not selected, drawn or summoned in
accordance with law, and may challenge an individual juror on the ground
that the juror is not legally qualified. Challenges may be oral or in
writing and shall be tried by the court.
(Added to NRS by 1967, 1408)
A motion to dismiss the presentment or
indictment may be based on objections to the array or on the lack of
legal qualification of an individual juror, if not previously determined
upon challenge. A presentment or indictment shall not be dismissed on the
ground that one or more members of the grand jury were not legally
qualified if it appears from the record kept pursuant to NRS 172.075
that 12 or more jurors, after deducting
the number not legally qualified, concurred in finding the presentment or
indictment.
(Added to NRS by 1967, 1408)
The jury shall elect one of
its members to be foreman, another to be deputy foreman and a third to be
secretary. The foreman shall have power to administer oaths and
affirmations and shall sign all presentments and indictments. The
secretary shall keep a record of the number of jurors concurring in the
finding of every presentment or indictment and shall file the record with
the clerk of the court, but the record shall not be made public except on
order of the court. During the absence of the foreman, the deputy foreman
shall act as foreman, and if both are absent, the jury shall elect a
temporary foreman.
(Added to NRS by 1967, 1408)
The following oath must be
administered to the grand jury:
You, as grand jurors, will diligently inquire into, and true
presentment make, of all offenses against the State of Nevada committed
or triable within this county, (or city, in the case of Carson City) of
which you shall have or can obtain legal evidence. You will keep your own
counsel, and that of your fellows and the Government, and will not,
except when required in the due course of judicial proceedings, disclose
the testimony of any witness examined before you, nor anything which you
or any other grand juror may have said, nor the manner in which you or
any other grand juror may have voted on any matter before you. You will
present no person through malice, hatred, or ill will, nor leave any
unpresented through fear, favor, or affection, or for any reward, or the
promise or hope thereof; but in all your presentments you will present
the truth, the whole truth, and nothing but the truth, according to the
best of your skill and understanding, so help you God.
(Added to NRS by 1967, 1408; A 1969, 316)
1. The grand jury being impaneled and sworn, must be charged by
the court. In doing so, the court shall:
(a) Give the grand jurors such information as is required by law
and any other information it deems proper regarding their duties and any
charges for public offenses returned to the court or likely to come
before the grand jury.
(b) Inform the grand jurors of the provisions of NRS 172.245 and the penalties for its violation.
(c) Give each regular and alternate grand juror a copy of the
charges.
(d) Inform the grand jurors that the failure of a person to
exercise his right to testify as provided in NRS 172.241 must not be considered in their decision of
whether or not to return an indictment.
2. Before seeking an indictment, or a series of similar
indictments, the district attorney shall inform the grand jurors of the
specific elements of any public offense which they may consider as the
basis of the indictment or indictments.
(Added to NRS by 1967, 1408; A 1985, 554, 1028)
1. The district judge impaneling a grand jury shall supervise its
proceedings.
2. The grand jury shall submit an itemized list of its
expenditures no less often than every 3 months or a fraction thereof to
the judge who impaneled it.
3. The grand jury shall not spend money or incur a debt exceeding
the amount of money budgeted for its use unless it first obtains the
approval of the judge who impaneled it. The judge shall inform the board
of county commissioners of any expenditure or indebtedness he so approves.
4. The county treasurer shall provide to the grand jury a monthly
statement of its expenditures for the preceding month and the balance
remaining of the money appropriated for its use.
(Added to NRS by 1985, 556)
POWERS AND DUTIES OF GRAND JURY
The grand jury may inquire into all public
offenses triable in the district court or in a Justice Court, committed
within the territorial jurisdiction of the district court for which it is
impaneled.
(Added to NRS by 1967, 1408)
A district attorney
shall not use a grand jury to discover tangible, documentary or
testimonial evidence to assist in the prosecution of a defendant who has
already been charged with the public offense by indictment or information.
(Added to NRS by 1985, 1028)
1. In the investigation of a charge, for the purpose of either
presentment or indictment, the grand jury can receive no other evidence
than such as is given by witnesses produced and sworn before them or
furnished by legal documentary evidence or by the deposition of witnesses
taken as provided in this title, except that the grand jury may receive
any of the following:
(a) An affidavit or declaration from an expert witness or other
person described in NRS 50.315 in lieu
of his personal testimony or deposition.
(b) An affidavit of an owner, possessor or occupant of real or
personal property or other person described in NRS 172.137 in lieu of his personal testimony or
deposition.
2. The grand jury can receive none but legal evidence, and the
best evidence in degree, to the exclusion of hearsay or secondary
evidence.
(Added to NRS by 1967, 1409; A 1975, 649; 1983, 1917; 1993, 86,
549; 1999, 164 )
1. If a witness resides outside this State or more than 100 miles
from the place of a grand jury proceeding, his affidavit may be used at
the proceeding if it is necessary for the district attorney to establish
as an element of any offense that:
(a) The witness was the owner, possessor or occupant of real or
personal property; and
(b) The defendant did not have the permission of the witness to
enter, occupy, possess or control the real or personal property of the
witness.
2. If a financial institution does not maintain any principal or
branch office within this State or if a financial institution that
maintains a principal or branch office within this State does not
maintain any such office within 100 miles of the place of a grand jury
proceeding, the affidavit of a custodian of the records of the financial
institution or the affidavit of any other qualified person of the
financial institution may be used at the proceeding if it is necessary
for the district attorney to establish as an element of any offense that:
(a) When a check or draft naming the financial institution as
drawee was drawn or passed, the account or purported account upon which
the check or draft was drawn did not exist, was closed or held
insufficient money, property or credit to pay the check or draft in full
upon its presentation; or
(b) When a check or draft naming the financial institution as
drawee was presented for payment to the financial institution, the
account or purported account upon which the check or draft was drawn did
not exist, was closed or held insufficient money, property or credit to
pay the check or draft in full.
3. If the defendant has been subpoenaed to appear before the grand
jury or if the defendant has requested to testify pursuant to NRS 172.241
, the district attorney shall provide
either written or oral notice to the defendant, within a reasonable time
before the scheduled proceeding of the grand jury, that an affidavit
described in this section will be used at the proceeding.
4. If, at or before the time of the proceeding, the defendant
establishes that:
(a) There is a substantial and bona fide dispute as to the facts in
an affidavit described in this section; and
(b) It is in the best interests of justice that the person who
signed the affidavit be examined or cross-examined,
Ê the grand jury may request that the district attorney produce the
person who signed the affidavit and may continue the proceeding for any
time it deems reasonably necessary in order to receive such testimony.
(Added to NRS by 1993, 548; A 1999, 164 )
1. If a witness resides more than 500 miles from the place of a
grand jury proceeding or is unable to attend the grand jury proceeding
because of his medical condition, upon the request of the district
attorney, the district judge supervising the proceedings of the grand
jury may allow a witness to testify before the grand jury through the use
of audiovisual technology.
2. The district judge supervising the proceedings of the grand
jury may allow a witness to testify before the grand jury through the use
of audiovisual technology only if the district judge finds that good
cause exists to grant the request based upon the specific facts and
circumstances of the grand jury proceeding.
3. If the district judge supervising the proceedings of the grand
jury allows a witness to testify at the grand jury proceeding through the
use of audiovisual technology:
(a) The testimony of the witness must be:
(1) Taken by a certified videographer who is in the physical
presence of the witness. The certified videographer shall sign a written
declaration, on a form provided by the district judge, which states that
the witness does not have in his possession any notes or other materials
to assist in his testimony.
(2) Recorded and preserved through the use of a videotape or
other means of audiovisual recording technology.
(3) Transcribed by a certified court reporter appointed
pursuant to NRS 172.215 in accordance
with the provisions of NRS 172.225 .
(b) Before giving his testimony, the witness must be sworn and must
sign a written declaration, on a form provided by the district judge,
which acknowledges that the witness understands that he is subject to the
jurisdiction of the courts of this state and may be subject to criminal
prosecution for the commission of any crime in connection with his
testimony, including, without limitation, perjury, and that he consents
to such jurisdiction.
(c) The original recorded testimony of the witness must be
delivered to the certified court reporter.
(d) The testimony of the witness may not be used by any party upon
the trial of the cause or in any proceeding therein in lieu of the direct
testimony of the witness, but the court may allow the testimony of the
witness to be used for any other lawful purpose.
4. Audiovisual technology used pursuant to this section must
ensure that the witness may be:
(a) Clearly heard and seen; and
(b) Examined.
5. As used in this section, “audiovisual technology” includes,
without limitation, closed-circuit video and videoconferencing.
(Added to NRS by 2001, 545 )
During a grand jury
proceeding, the district attorney and the grand jurors shall not:
1. Question an attorney or his employee regarding matters which he
has learned during a legitimate investigation for his client.
2. Issue a subpoena for the production of the private notes or
other matters representing work done by the attorney or his employee
regarding the legal services which the attorney provided for a client.
(Added to NRS by 1985, 1028)
1. The grand jury is not bound to hear evidence for the defendant.
It is their duty, however, to weigh all evidence submitted to them, and
when they have reason to believe that other evidence within their reach
will explain away the charge, they shall order that evidence to be
produced, and for that purpose may require the district attorney to issue
process for the witnesses.
2. If the district attorney is aware of any evidence which will
explain away the charge, he shall submit it to the grand jury.
3. The grand jury may invite any person, without process, to
appear before the grand jury to testify.
(Added to NRS by 1967, 1409; A 1985, 555)
1. The grand jury ought to find an indictment when all the
evidence before them, taken together, establishes probable cause to
believe that an offense has been committed and that the defendant has
committed it.
2. The defendant may object to the sufficiency of the evidence to
sustain the indictment only by application for a writ of habeas corpus.
(Added to NRS by 1967, 1409; A 1979, 331)
If a member of the grand jury knows or
has reason to believe that a public offense has been committed, which is
triable within the jurisdiction of the district court which has impaneled
such grand jury, he must declare such knowledge or belief to his fellow
jurors, who shall thereupon investigate the alleged offense.
(Added to NRS by 1967, 1409; A 1969, 6)
1. Each grand jury that is not impaneled for a specific limited
purpose shall inquire into:
(a) The case of every person imprisoned in the jail of the county,
on a criminal charge, against whom an indictment has not been found or an
information or complaint filed.
(b) The condition and management of any public prison located
within the county.
(c) The misconduct in office of public officers of every
description within the county which may constitute a violation of a
provision of chapter 197 of NRS.
2. A grand jury that is not impaneled for another specific limited
purpose may inquire into any and all matters affecting the morals, health
and general welfare of the inhabitants of the county, or of any
administrative division thereof, or of any township, incorporated city,
irrigation district or town therein.
(Added to NRS by 1967, 1409; A 1973, 1274; 1985, 556, 701)
The grand jury shall be entitled to free access, at all
reasonable times, to all public prisons and to the examination without
charge of all public records within its district.
(Added to NRS by 1967, 1409)
1. Except as otherwise provided in NRS 172.139 , the grand jury may issue subpoenas,
subscribed by the foreman or by the deputy or temporary foreman when
acting for him, for witnesses within the State and for the production of
books, papers or documents.
2. The grand jury shall orally inform any witness so subpoenaed of
the general nature of the grand jury’s inquiry before the witness
testifies. Such a statement must be included in the transcript of the
proceedings.
(Added to NRS by 1967, 1409; A 1985, 573, 1029)
1. If a person who has been subpoenaed to appear before a grand
jury informs the district attorney that he intends to refuse to testify
and to assert his constitutional privilege against self-incrimination,
the district attorney shall:
(a) Move for an order of immunity pursuant to NRS 178.572 ;
(b) Challenge the existence of a valid privilege by filing in any
court of record a motion to compel the testimony of the person; or
(c) Withdraw the subpoena.
2. All proceedings which are held on a motion filed pursuant to
subsection 1 must be closed.
3. If the existence of the privilege is challenged, the court
shall hear the evidence of both parties and determine whether or not a
valid privilege exists and to which matters, if any, it extends.
4. The district attorney shall not call a person to testify before
a grand jury regarding matters which have been so determined to be within
his constitutional privilege against self-incrimination.
(Added to NRS by 1985, 554)
The
grand jury shall have the power, with the consent of the board of county
commissioners, to engage the services of an attorney other than and in
addition to the district attorney, certified or registered public
accountants, and such other skilled persons as may be necessary in the
performance of its inquisitorial powers.
(Added to NRS by 1967, 1410)
1. Whenever criminal causes are being investigated by the grand
jury, it shall appoint a certified court reporter. If he is not an
official reporter of the district court, he shall, before entering upon
his duties, take and subscribe the constitutional oath of office. He is
entitled to receive the same compensation for his services as an official
reporter of the district court.
2. Except as otherwise provided in subsection 3, the certified
court reporter shall include in the notes he takes of a grand jury
proceeding all criminal matters which come before the grand jury
including:
(a) The charge by the impaneling judge;
(b) Any subsequent instructions or statements made by the judge;
(c) Each statement made by the district attorney;
(d) Each question asked of and response given by the witnesses who
appear before the grand jury; and
(e) Any statements made by the grand jurors during the proceeding.
3. The certified court reporter shall not include in his notes:
(a) Any confidential communication between a witness and his legal
counsel, if the legal counsel is allowed to accompany the witness before
the grand jury; or
(b) The deliberations and voting of the grand jury.
(Added to NRS by 1967, 1410; A 1973, 1323; 1985, 1029; 1993, 1411)
1. If an indictment has been found or accusation presented against
a defendant, the stenographic reporter shall certify and file with the
county clerk an original transcription of his notes and a copy thereof
and as many additional copies as there are defendants.
2. The reporter shall complete the certification and filing within
10 days after the indictment has been found or the accusation presented
unless the court for good cause makes an order extending the time.
3. The county clerk shall:
(a) Deliver a copy of the transcript so filed with him to the
district attorney immediately upon his receipt thereof;
(b) Retain one copy for use only by judges in proceedings relating
to the indictment or accusation; and
(c) Deliver a copy of the transcript to each defendant who is in
custody or has given bail or to his attorney.
4. Any defendant to whom a copy has not been delivered is entitled
upon motion to a continuance of his arraignment until a date 10 days
after he actually receives a copy.
5. If several criminal charges against a defendant are
investigated on one investigation and thereafter separate indictments are
returned or accusations presented upon the several charges, the delivery
to the defendant or his attorney of one copy of the transcript of the
investigation is a compliance with this section as to all of the
indictments or accusations.
6. Upon the filing of such a transcript with the county clerk, the
transcript and any related physical evidence exhibited to the grand jury
become a matter of public record unless the court:
(a) Orders that the presentment or indictment remain secret until
the defendant is in custody or has been given bail; or
(b) Upon motion, orders the transcript and evidence to remain
secret until further order of the court.
(Added to NRS by 1967, 1410; A 1975, 910; 1983, 359)
1. Except as otherwise provided in subsection 2, the following
persons may be present while the grand jury is in session:
(a) The district attorney;
(b) A witness who is testifying;
(c) An attorney who is accompanying a witness pursuant to NRS
172.239 ;
(d) Any interpreter who is needed;
(e) The certified court reporter who is taking stenographic notes
of the proceeding;
(f) Any person who is engaged by the grand jury pursuant to NRS
172.205 ; and
(g) Any other person requested by the grand jury to be present.
2. No person other than the jurors may be present while the grand
jury is deliberating or voting.
(Added to NRS by 1967, 1410; A 1985, 555; 1993, 1412)
1. A person whose indictment the district attorney intends to seek
or the grand jury on its own motion intends to return may be accompanied
by legal counsel during any appearance before the grand jury.
2. The legal counsel who accompanies a person pursuant to
subsection 1 may advise his client but shall not:
(a) Address directly the members of the grand jury;
(b) Speak in such a manner as to be heard by the members of the
grand jury; or
(c) In any other way participate in the proceedings of the grand
jury.
3. The court or the foreman of the grand jury may have the legal
counsel removed if he violates any of the provisions of subsection 2 or
in any other way disrupts the proceedings of the grand jury.
4. The district attorney or the foreman of the grand jury shall
give a person entitled to legal counsel notice of the provisions of this
section at the time he is served with a subpoena to appear before the
grand jury. If such a person is invited without process to appear, the
grand jury shall include with the invitation notice of the provisions of
this section.
(Added to NRS by 1985, 554)
1. A person whose indictment the district attorney intends to seek
or the grand jury on its own motion intends to return, but who has not
been subpoenaed to appear before the grand jury, may testify before the
grand jury if he requests to do so and executes a valid waiver in writing
of his constitutional privilege against self-incrimination.
2. A district attorney or a peace officer shall serve reasonable
notice upon a person whose indictment is being considered by a grand jury
unless the court determines that adequate cause exists to withhold
notice. The notice is adequate if it:
(a) Is given to the person, his attorney of record or an attorney
who claims to represent the person and gives the person not less than 5
judicial days to submit his request to testify to the district attorney;
and
(b) Advises the person that he may testify before the grand jury
only if he submits a written request to the district attorney and
includes an address where the district attorney may send a notice of the
date, time and place of the scheduled proceeding of the grand jury.
3. The district attorney may apply to the court for a
determination that adequate cause exists to withhold notice if he:
(a) Determines that the notice may result in the flight of the
person whose indictment is being considered, on the basis of:
(1) A previous failure of the person to appear in matters
arising out of the subject matter of the proposed indictment;
(2) The fact that the person is a fugitive from justice
arising from charges in another jurisdiction;
(3) Outstanding local warrants pending against the person; or
(4) Any other objective factor;
(b) Determines that the notice may endanger the life or property of
other persons; or
(c) Is unable, after reasonable diligence, to notify the person.
4. If a district attorney applies to the court for a determination
that adequate cause exists to withhold notice, the court shall hold a
closed hearing on the matter. Upon a finding of adequate cause, the court
may order that no notice be given.
(Added to NRS by 1985, 554; A 1991, 1063; 1997, 188)
1. The disclosure of:
(a) Evidence presented to the grand jury;
(b) Information obtained by the grand jury;
(c) The results of an investigation made by the grand jury; and
(d) An event occurring or a statement made in the presence of the
grand jury other than its deliberations and the vote of a juror,
Ê may be made to the district attorney for use in the performance of his
duties.
2. Except as otherwise provided in subsection 3, the Attorney
General or a member of his staff, a grand juror, district attorney or
member of his staff, peace officer, clerk, stenographer, interpreter,
witness or other person invited or allowed to attend the proceedings of a
grand jury shall not disclose:
(a) Evidence presented to the grand jury;
(b) An event occurring or a statement made in the presence of the
grand jury;
(c) Information obtained by the grand jury; or
(d) The results of an investigation made by the grand jury.
3. A person may disclose his knowledge concerning the proceedings
of a grand jury:
(a) When so directed by the court preliminary to or in connection
with a judicial proceeding;
(b) When permitted by the court at the request of the defendant
upon a showing that grounds may exist for a motion to dismiss the
presentment or indictment because of matters occurring before the grand
jury;
(c) If he was a witness before the grand jury and is disclosing his
knowledge of the proceedings to his own attorney; or
(d) As provided in NRS 172.225 .
4. No obligation of secrecy may be imposed upon any person except
in accordance with this section. The court may direct that a presentment
or indictment be kept secret until the defendant is in custody or has
been given bail, and the clerk shall seal the presentment or indictment.
It is unlawful for any person to disclose the finding of the secret
presentment or indictment except when necessary for the issuance and
execution of a warrant or summons.
5. A person who violates any of the provisions of this section is
guilty of a gross misdemeanor and contempt of court.
6. The Attorney General or district attorney shall investigate and
prosecute a violation of this section.
7. The grand jury shall inform each person who appears before the
grand jury of the provisions of this section and the penalties for its
violation.
(Added to NRS by 1967, 1410; A 1985, 552)
1. A presentment or indictment may be found only upon the
concurrence of 12 or more jurors.
2. The jurors shall vote separately on each person and each count
included in a presentment or indictment.
3. The presentment or indictment must be returned by the grand
jury to a judge in open court or, in the absence of the judge, to the
clerk of the court in open court, who shall determine that 12 or more
jurors concurred in finding a presentment or indictment. If the defendant
has been held to answer and 12 jurors do not concur in finding a
presentment or indictment, the foreman shall so report to the court in
writing forthwith.
4. The failure to indict does not prevent the same charge from
being again submitted to a grand jury if resubmission is approved by the
court.
(Added to NRS by 1967, 1411; A 1971, 208; 1985, 1030)
After a grand jury investigation is concluded:
1. A person who was the subject of the investigation but against
whom an indictment was not returned; or
2. A district attorney, with the permission of that person,
Ê may make public the fact that no indictment was issued as a result of
the grand jury’s investigation.
(Added to NRS by 1985, 1028)
When an indictment is found, the names of the witnesses
examined before the grand jury shall be inserted at the foot of the
indictment, or endorsed thereon before it is presented to the court.
(Added to NRS by 1967, 1411)
1. A grand jury may issue a report concerning a matter into which
it may lawfully inquire.
2. The report must be issued for the sole purpose of reporting on
the matter. The report must not:
(a) Contain material the sole effect of which is to ridicule or
abuse a person or otherwise subject him to public disgrace or
embarrassment;
(b) Contain material which is personal in nature and does not
relate to any lawful inquiry; or
(c) Accuse a named or unnamed person directly or by innuendo,
imputation or otherwise of an act that, if true, constitutes an
indictable offense unless the report is accompanied by a presentment or
an indictment of the person for the offense mentioned in the report.
3. The judge impaneling a grand jury shall include the provisions
of this section in his charge to the grand jury.
(Added to NRS by 1985, 700)
A grand
jury may include in its report recommendations to a public officer or
agency for actions which will reduce costs, increase efficiency or result
in better service to the public. Any criticism made therein must be
constructive and made in support of the recommendations. If such
recommendations and criticism are included in a report and the report is
not accompanied by a related indictment or presentment, the report must
include a positive statement that no indictable criminal activity was
found.
(Added to NRS by 1985, 701)
1. The grand jury shall submit a draft of the report that it
wishes to make to the court which impaneled it.
2. The court shall review its contents and, if it contains any
material which violates paragraph (a) of subsection 2 of NRS 172.267
, require the grand jury to expunge that
material from the draft.
3. The court shall send to any person identified in the draft in
violation of paragraph (b) of subsection 2 of NRS 172.267 the pertinent part of the draft and notify him
that he has been identified in the draft of the report of the grand jury
in connection with possible criminal conduct. The person may, within 5
days after receiving the notice and the portion of the draft, submit a
written request to the court for a hearing in chambers to consider a
motion to expunge that portion of the draft from the final report.
4. The court shall rule on any such motion to expunge material
within 20 days after the completion of the hearing on the motion.
5. If the court determines that the draft:
(a) Violates in its entirety a provision of NRS 172.267 ; or
(b) After the removal of a portion pursuant to NRS 172.267 , is so incomplete that it is meaningless,
Ê it shall not file the report with the clerk of the district court but
shall file instead a written statement describing, generally, its action
and the basis for it.
6. The court shall file either the draft, the draft as corrected
or the statement with the clerk of the district court within 60 days
after receiving the draft from the grand jury. Upon filing, the draft
becomes the final report of the grand jury.
7. Within 5 days after the report is filed, the clerk shall mail a
copy of the pertinent portion of the report to each person or
governmental entity mentioned in the report.
(Added to NRS by 1985, 701)
MISCELLANEOUS PROVISIONS
1. A grand jury shall serve until discharged by the court and may
be so discharged at any time after the expiration of 1 year. At any time
for cause shown the court may excuse a juror either temporarily or
permanently, and in the latter event the court may impanel an alternate
grand juror in place of the juror excused.
2. Where the court is composed of more than one judge, any judge
may discharge or excuse a juror; but if any other judge notifies the
judge so acting, in writing within 24 hours after the action is taken,
that he objects, the action stands rescinded and is not effective unless
the concurrence of a majority of the judges composing the court is
obtained.
(Added to NRS by 1967, 1411; A 1985, 557)
1. If the court deems that the facts stated in a presentment
constitute a public offense triable:
(a) In the district court of the county, it shall direct the clerk
to issue a warrant for the arrest of the defendant.
(b) In another court of the county, it shall forward the
presentment to such court.
2. The clerk, or justice of the peace in a case forwarded to him,
may accordingly at any time thereafter issue a warrant under the
signature and seal of the court, if it has a seal.
3. The magistrate before whom the defendant is brought shall
proceed to examine the charge contained in the presentment and hold the
defendant to answer such charge, or discharge him, in the same manner as
upon a warrant of arrest on complaint.
(Added to NRS by 1967, 1411)
A person who:
1. Is called to testify before a grand jury; and
2. Has testified regarding the same matter at another time before
the same or another grand jury,
Ê may, upon his request, review the transcript or recording of his prior
testimony before he testifies again.
(Added to NRS by 1985, 1028)
A presentment or indictment may not be dismissed on the
ground that the specific subject of the inquiry was not disclosed to the
defendant pursuant to NRS 172.195 or
subsection 4 of NRS 174.315 .
(Added to NRS by 1985, 572; A 1993, 118)
