Videotaped depositions: Use

A court may allow a videotaped deposition to be used instead of the deponent’s testimony at trial only if: 1. In the case of a victim of sexual abuse, as that term is defined in NRS 432B.100: (a) Before the deposition is taken, a hearing is held by a justice of the peace or district judge who finds that: (1) The use of the videotaped deposition in lieu of testimony at trial is necessary to protect the welfare of the victim; and (2) The presence of the accused at trial would inflict trauma, more than minimal in degree, upon the victim; and (b) At the time a party seeks to use the deposition, the court determines that the conditions set forth in subparagraphs (1) and (2) of paragraph (a) continue to exist. The court may hold a hearing before the use of the deposition to make its determination. 2. In the case of a victim of sex trafficking as that term is defined in subsection 2 of NRS 201.300 or a victim of facilitating sex trafficking as that term is defined in subsection 1 of NRS 201.301: (a) Before the deposition is taken, a hearing is held by a justice of the peace or district judge and the justice or judge finds that cause exists pursuant to paragraph (c) of subsection 1 of NRS 174.227; and (b) Before allowing the videotaped deposition to be used at trial, the court finds that the victim is unavailable as a witness. 3. In all cases: (a) A justice of the peace or district judge presides over the taking of the deposition; (b) The accused is able to hear and see the proceedings; (c) The accused is represented by counsel who, if physically separated from the accused, is able to communicate orally with the accused by electronic means; (d) The accused is given an adequate opportunity to cross-examine the deponent subject to the protection of the deponent deemed necessary by the court; and (e) The deponent testifies under oath.