Nev. Rev. Stat. § 173.015
First pleading by State
The first pleading on the part of the State is the indictment or information.
Nevada Revised Statutes Chapter 173 — Indictment and Information
Nevada · statute · Nev. Rev. Stat. ch. 173 · 21 active provisions
Nev. Rev. Stat. § 173.025
Courts may act upon information for all offenses
The several courts of this state shall have and may exercise the same power and jurisdiction to try and determine prosecutions upon information for crimes, misdemeanors and offenses, to issue writs and process and do all other acts therein as in cases of like prosecution under indictment.
Nev. Rev. Stat. § 173.035
Information may be filed following preliminary examination when accused is bound over or when preliminary examination is waived; when information is filed on affidavit; limitation of time; amended information may include additional charges if plea agreement is rejected or withdrawn
1. An information may be filed against any person for any offense when the person: (a) Has had a preliminary examination as provided by law before a justice of the peace, or other examining officer or magistrate, and has been bound over to appear at the court having jurisdiction; or (b) Has waived the right to a prelim…
Nev. Rev. Stat. § 173.045
District attorney or Attorney General to be informant; endorsement of names of witnesses; affidavits
1. All informations must be filed in the court having jurisdiction of the offenses specified therein, by the Attorney General when acting pursuant to a specific statute or by the district attorney of the proper county as informant, and his or her name must be subscribed thereto by him or her or by his or her deputy. 2.…
Nev. Rev. Stat. § 173.049
Court clerk may accept information filed electronically; procedure; service
1. A court clerk may accept an information filed pursuant to this chapter that is filed electronically. An information that is filed electronically must contain the electronic signature of the prosecuting attorney. 2. If a court clerk accepts an information that is filed electronically pursuant to subsection 1, the cou…
Nev. Rev. Stat. § 173.055
Duties of district attorney or Attorney General; written statement containing reasons why information not filed
1. The Attorney General when acting pursuant to a specific statute or the district attorney of the proper county shall inquire into all cases of preliminary examinations as provided by law, concerning the commission of any offense, whether the offenders are committed to jail, recognized or held to bail. 2. If the distr…
Nev. Rev. Stat. § 173.065
Judge may require Attorney General to prosecute if district attorney refuses
The judge of the court having jurisdiction may in extreme cases, upon affidavit filed with the judge of the commission of a crime, require all available evidence to be delivered to the Attorney General for prosecution, if the district attorney refuses to prosecute any person for such crime.
Nev. Rev. Stat. § 173.075
Nature and contents generally
1. The indictment or the information must be a plain, concise and definite written statement of the essential facts constituting the offense charged. It must be signed by the Attorney General acting pursuant to a specific statute or the district attorney. It need not contain a formal commencement, a formal conclusion o…
Nev. Rev. Stat. § 173.085
Surplusage
The court on motion of the defendant may strike surplusage from the indictment or information.
Nev. Rev. Stat. § 173.095
Amendment; notice of habitual criminality, habitually fraudulent felon or habitual felon
1. The court may permit an indictment or information to be amended at any time before verdict or finding if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced. 2. If an indictment is found charging a primary offense upon which a charge of habitual criminality may…
Nev. Rev. Stat. § 173.105
Charging defendant by fictitious or erroneous name: Insertion of true name
When a defendant is charged by a fictitious or erroneous name, and in any stage of the proceedings the defendant’s true name is discovered, it must be inserted in the subsequent proceedings referring to the fact of the defendant’s being charged by the name mentioned in the indictment or information.
Nev. Rev. Stat. § 173.115
Joinder of offenses
1. Two or more offenses may be charged in the same indictment or information in a separate count for each offense if the offenses charged, whether felonies or gross misdemeanors or both, are: (a) Based on the same act or transaction; or (b) Based on two or more acts or transactions connected together or constituting pa…
Nev. Rev. Stat. § 173.125
Prosecution not required to elect between different offenses or counts; plea of guilty or guilty but mentally ill to one offense does not preclude prosecution for other offenses
The prosecution is not required to elect between the different offenses or counts set forth in the indictment or information, and a plea of guilty or guilty but mentally ill to one or more offenses charged in the indictment or information does not preclude prosecution for the other offenses.
Nev. Rev. Stat. § 173.135
Joinder of defendants
Two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. Such defendants may be charged in one or more counts together or separately and all of th…
Nev. Rev. Stat. § 173.145
Issuance of warrant or summons
1. Upon the request of the Attorney General acting pursuant to a specific statute or the district attorney, the court shall issue a warrant for each defendant named in the indictment or information. 2. The clerk shall issue a summons instead of a warrant upon the request of the district attorney, the Attorney General o…
Nev. Rev. Stat. § 173.155
Form of warrant; fixing and endorsement of amount of bail
The form of the warrant shall be as provided in NRS 171.108 except that it shall be signed by the clerk, it shall describe the offense charged in the indictment or information and it shall command that the defendant be arrested and brought before the court. The amount of bail may be fixed by the court and endorsed on t…
Nev. Rev. Stat. § 173.165
Manner of proceeding on giving bail in another county
If the offense charged in the warrant is bailable, and the defendant is arrested in another county, the officer must, upon being required by the defendant, take the defendant before the most convenient magistrate in that or any adjoining county, who must admit the defendant to bail in the amount fixed in the warrant an…
Nev. Rev. Stat. § 173.175
Ordering defendant charged with felony into custody unless increased bail is given
When the indictment or information is for a felony and the defendant before the filing thereof has given bail for the defendant’s appearance to answer the charge, the court in which the indictment or information is presented, or in which it is pending, may order the defendant to be committed to actual custody unless th…
Nev. Rev. Stat. § 173.185
Form of summons
The summons shall be in the same form as the warrant except that it shall summon the defendant to appear before the court at a stated time and place.
Nev. Rev. Stat. § 173.195
Execution of warrant and service of summons
The warrant shall be executed or the summons served as provided in NRS 171.114, 171.118 and 171.122. A summons to a corporation shall be served as provided in NRS 171.122. The officer executing the warrant shall bring the arrested person promptly before the court or, for the purpose of admission to bail, before a magis…
Nev. Rev. Stat. § 173.205
Return of warrant and summons; reissuance
1. The peace officer executing a warrant shall make return thereof to the court. At the request of the Attorney General acting pursuant to a specific statute or the district attorney any unexecuted warrant must be returned and cancelled. 2. On or before the return day the person to whom a summons was delivered for serv…