Nevada · statute · Nev. Rev. Stat. ch. 172 · 42 active provisions
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…
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 muni…
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.
All accusations, informations and indictments against district, county, municipal and township officers must be found or filed in the district court.
Grand juries shall be impaneled as provided in chapter 6 of NRS.
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…
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 m…
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 legall…
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…
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 w…
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 th…
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…
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.
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.
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 th…
1. If a witness resides outside this State or more than 100 miles from the place of a grand jury proceeding, the witness’s 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…
1. If a witness resides more than 100 miles from the place of a grand jury proceeding or is unable to attend the grand jury proceeding because of a medical condition, or if good cause otherwise exists, the district judge supervising the proceedings of the grand jury must allow a witness to testify before the grand jury…
During a grand jury proceeding, the district attorney and the grand jurors shall not: 1. Question an attorney or an attorney’s employee regarding matters which were learned during a legitimate investigation for a client. 2. Issue a subpoena for the production of the private notes or other matters representing work done…
1. The grand jury is not bound to hear evidence for the defendant, except that the defendant is entitled to submit a statement which the grand jury must receive providing whether a preliminary hearing was held concerning the matter and, if so, that the evidence presented at the preliminary hearing was considered insuff…
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…
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, the member must declare such knowledge or belief to the member’s fellow jurors, who shall thereupon investigate the a…
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 l…
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.
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 the foreman, for witnesses within the State and for the production of books, papers or documents. 2. The grand jury shall orally inform any witness so subpo…
1. If a person who has been subpoenaed to appear before a grand jury informs the district attorney that the person intends to refuse to testify and to assert the person’s constitutional privilege against self-incrimination, the district attorney shall: (a) Move for an order of immunity pursuant to NRS 178.572; (b) Chal…