Nevada · statute · Nev. Rev. Stat. ch. 175 · 62 active provisions
1. Cases required to be tried by jury must be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the prosecuting attorney. A defendant who pleads not guilty to the charge of a capital offense must be tried by jury. 2. Except as otherwise provided in subsection…
1. Trial juries for criminal actions are formed in the same manner as trial juries in civil actions. 2. Juries must consist of 12 jurors, but at any time before jury selection, the parties may stipulate in writing with the approval of the court that the jury consist of any number less than 12 but not less than six.
The court shall conduct the initial examination of prospective jurors, and defendant or the defendant’s attorney and the district attorney are entitled to supplement the examination by such further inquiry as the court deems proper. Any supplemental examination must not be unreasonably restricted.
1. Either side may challenge an individual juror for disqualification or for any cause or favor which would prevent the juror from adjudicating the facts fairly. 2. Challenges for cause shall be tried by the court. The juror challenged and any other person may be examined as a witness on the trial of the challenge.
When several defendants are tried together, they cannot sever their peremptory challenges, but must join therein.
1. If the offense charged is punishable by death or by imprisonment for life, each side is entitled to eight peremptory challenges. 2. If the offense charged is punishable by imprisonment for any other term or by fine or by both fine and imprisonment, each side is entitled to four peremptory challenges. 3. The prosecut…
1. The court may direct that not more than six jurors in addition to the regular jury be called and impaneled to sit as alternate jurors. 2. Alternate jurors, in the order in which they were called, shall replace jurors who become unable or disqualified to perform their duties. 3. Alternate jurors shall: (a) Be drawn i…
If, before the conclusion of the trial, and there being no alternate juror called or available, a juror dies, or becomes disqualified or unable to perform the juror’s duty, the court may duly order the juror to be discharged and a new juror may be sworn and the trial begun anew, or the jury may be discharged and a new…
If, after the retirement of the jury, any accident or cause occurs to prevent their being kept for deliberation, the jury may be discharged.
If by reason of death, sickness or other disability the judge before whom a jury trial has commenced is unable to proceed with the trial, any other judge regularly sitting in or assigned to the court, upon certifying that the judge has familiarized himself or herself with the record of the trial, may proceed with and f…
If by reason of absence from the judicial district, death, sickness or other disability the judge before whom the defendant has been tried is unable to perform the duties to be performed by the court after a verdict or finding of guilty or guilty but mentally ill, any other judge regularly sitting in or assigned to the…
When the jury has been impaneled, the court shall administer the following oath: Do you and each of you solemnly swear that you will well and truly try this case, now pending before this court, and a true verdict render according to the evidence given, so help you God.
1. The judge shall then admonish the jury that: (a) No juror may declare to any fellow jurors any fact relating to the case as of the juror’s own knowledge; and (b) If any juror discovers during the trial or after the jury has retired that he or she or any other juror has personal knowledge of any fact in controversy i…
Before any evidence has been introduced the judge may inform the jury they may individually take notes during the trial, but the judge shall further caution them not to rely upon their respective notes in case of conflict among them, because the reporter’s notes contain the complete and authentic record of the trial.
The jury having been impaneled and sworn, the trial shall proceed in the following order: 1. If the indictment or information be for a felony, the clerk must read it and state the plea of the defendant to the jury. In all other cases this formality may be dispensed with. 2. The prosecuting attorney must open the cause.…
If the indictment or information be for an offense punishable with death, two counsel on each side may argue the case to the jury, but in such case, as well as in all others, the counsel for the State must open and conclude the argument. If it be for any other offense, the court may, in its discretion, restrict the arg…
1. Upon the close of the argument, the judge shall charge the jury. The judge may state the testimony and declare the law, but may not charge the jury in respect to matters of fact. The charge must be reduced to writing before it is given, and no charge or instructions may be given to the jury otherwise than in writing…
In the trial of all indictments, complaints and other proceedings against persons charged with the commission of crimes or offenses, the person so charged shall, at the person’s own request, but not otherwise, be deemed a competent witness, the credit to be given the person’s testimony being left solely to the jury, un…
1. No instruction shall be given relative to the failure of the person charged with the commission of crime or offense to testify, except, upon the request of the person so charged, the court shall instruct the jury that, in accordance with a right guaranteed by the Constitution, no person can be compelled, in a crimin…
1. In any prosecution for sexual assault or statutory sexual seduction or for an attempt to commit or conspiracy to commit either crime, the term “unchaste character” may not be used with reference to the alleged victim of the crime in any instruction to the jury. 2. In a prosecution for sexual assault or statutory sex…
A defendant in a criminal action is presumed to be innocent until the contrary is proved; and in case of a reasonable doubt whether the defendant’s guilt is satisfactorily shown, the defendant is entitled to be acquitted.
Every person charged with the commission of a crime shall be presumed innocent until the contrary is proved by competent evidence beyond a reasonable doubt; and when an offense has been proved against the person, and there exists a reasonable doubt as to which of two or more degrees the person is guilty, the person sha…
1. A reasonable doubt is one based on reason. It is not mere possible doubt, but is such a doubt as would govern or control a person in the more weighty affairs of life. If the minds of the jurors, after the entire comparison and consideration of all the evidence, are in such a condition that they can say they feel an…
1. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by statute. 2. The admissibility of evidence and the competency and privileges of witnesses shall be governed by: (a) The general provisions of title 4 of NRS; (b) The specific provisions of any other applicable s…
If, upon a trial or proceeding in a criminal case, the existence, constitution or powers of any corporation shall become material, or be in any way drawn in question, it is not necessary to produce a certified copy of the articles or acts of incorporation, but the same may be proved by general reputation, or by the pri…