2005 Nevada Revised Statutes - Chapter 175 — Trial

CHAPTER 175 - TRIAL

TRIAL BY JURY OR COURT

NRS 175.011 Trialby jury.

NRS 175.021 Formation of jury;number of jurors.

NRS 175.031 Examinationof trial jurors.

NRS 175.036 Challenges for causefor individual jurors: Grounds; trial of challenge.

NRS 175.041 Limitationof defendants right to sever in challenges.

NRS 175.051 Number of peremptorychallenges.

NRS 175.061 Alternatejurors.

NRS 175.071 Discharge of jurorwhere juror dies or unable to perform duty.

NRS 175.081 Dischargeof jury after retirement upon accident or cause.

NRS 175.091 Disability of judgeduring trial.

NRS 175.101 Disabilityof judge after verdict or finding of guilt.

CONDUCT OF TRIAL

NRS 175.111 Oathof jurors.

NRS 175.121 Personalknowledge of jurors.

NRS 175.131 Judgeto inform jury of right to take notes.

NRS 175.141 Orderof trial.

NRS 175.151 Numberof counsel who may argue case.

NRS 175.161 Instructions.

NRS 175.171 Nospecial instructions to be given relating exclusively to defendants testimony.

NRS 175.181 Instructionnot to be given relative to failure of defendant to testify.

NRS 175.186 Instructionsin prosecution for sexual assault or statutory sexual seduction: Use of certainterms and instructions prohibited.

NRS 175.191 Presumptionof innocence: Acquittal in case of reasonable doubt.

NRS 175.201 Presumptionof innocence: Conviction of lowest degree of offense.

NRS 175.211 Definitionof reasonable doubt; no other definition to be given to juries.

NRS 175.221 Evidence.

NRS 175.241 Proofof corporate existence generally.

NRS 175.251 Conspiracy:Allegation and proof of overt act; evidence of overt acts not alleged.

NRS 175.261 Falsepretenses: What evidence necessary.

NRS 175.271 Expertwitnesses.

NRS 175.282 Pleabargain: Inspection by jury; instruction of jury; cross-examination ofdefendant.

NRS 175.291 Testimonyof accomplice must be corroborated; sufficiency of corroboration; accomplicedefined.

NRS 175.301 Testimonyof person upon or with whom abortion was allegedly committed.

NRS 175.311 Procedurewhen higher offense is shown by evidence.

NRS 175.321 Procedureif higher offense ignored.

NRS 175.331 Whendefendant on bail appears for trial he may be committed and held.

NRS 175.341 Mistakein charging proper offense: Defendant not discharged; commitment or bail.

NRS 175.351 Dischargeof defendant when jury discharged for want of jurisdiction.

NRS 175.361 Offensecommitted in other county: Commitment to await warrant; admission to bail;transmittal of papers to district attorney of proper county; expense oftransmission.

NRS 175.371 Dischargewhere defendant not arrested on warrant from other county; proceedings in caseof arrest.

NRS 175.381 Courtmay advise jury to acquit defendant when evidence on either side closed; motionfor judgment of acquittal after verdict of guilty; subsequent motion for newtrial.

NRS 175.383 Withdrawal,discharge or change of defense counsel; limitations.

NRS 175.387 Misconductof defendant; sanctions.

CONDUCT OF JURY

NRS 175.391 Separationor custody of jury before submission.

NRS 175.401 Juryto be admonished at each adjournment.

NRS 175.421 Accommodationsfor jury upon retirement; power of court to furnish.

NRS 175.431 Juryprovided food and lodging when kept together.

NRS 175.441 Jurymay take written instructions, materials received in evidence, certain papersand own notes of trial on retiring for deliberation.

NRS 175.451 Returnof jury for information.

NRS 175.461 Jurynot to be discharged after cause submitted; exceptions.

NRS 175.471 Adjournmentof court during absence of jury.

VERDICT

NRS 175.481 Return.

NRS 175.491 Verdictwhere there are several defendants.

NRS 175.501 Jurymay convict of lesser included offense or attempt.

NRS 175.511 Whenoffenses to be stated separately.

NRS 175.531 Pollingjury; further deliberation or discharge.

ACQUITTAL

NRS 175.539 Acquittalby reason of insanity: Defendant to be examined; hearing to be held todetermine whether defendant is mentally ill; procedure for committing defendantto custody of Division of Mental Health and Developmental Services.

NRS 175.541 Dischargeof defendant after acquittal.

NRS 175.543 Noticeto defendant of provisions concerning sealing of records of proceedings leadingto acquittal.

HEARING TO DETERMINE WHETHER SEXUALLY MOTIVATED OFFENSE

NRS 175.547 Noticeof intent to request hearing; time of hearing; evidence; court to enterfinding; sexually motivated defined.

PENALTY HEARING FOR FIRST DEGREE MURDER

NRS 175.552 Whenrequired; procedure; evidence.

NRS 175.554 Deathpenalty cases: Instructions to jury; determinations; findings and verdict;hearing to set aside sentence of defendant alleged to be mentally retarded.

NRS 175.556 Procedurewhen jury unable to reach unanimous verdict.

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TRIAL BY JURY OR COURT

NRS 175.011 Trialby jury.

1. In a district court, cases required to be tried byjury must be so tried unless the defendant waives a jury trial in writing withthe approval of the court and the consent of the State. A defendant who pleadsnot guilty to the charge of a capital offense must be tried by jury.

2. In a Justice Court, a case must be tried by juryonly if the defendant so demands in writing not less than 30 days before trial.Except as otherwise provided in NRS 4.390and 4.400, if a case is tried by jury, areporter must be present who is a certified court reporter and shall report thetrial.

(Added to NRS by 1967, 1424; A 1983, 749; 1987, 614;1993, 1412)

NRS 175.021 Formationof jury; number of jurors.

1. Trial juries for criminal actions are formed in thesame manner as trial juries in civil actions.

2. Except as provided in subsection 3, juries mustconsist of 12 jurors, but at any time before verdict, the parties may stipulatein writing with the approval of the court that the jury consist of any numberless than 12 but not less than six.

3. Juries must consist of six jurors for the trial ofa criminal action in a Justice Court.

(Added to NRS by 1967, 1424; A 1983, 749)

NRS 175.031 Examinationof trial jurors. The court shall conduct theinitial examination of prospective jurors, and defendant or his attorney andthe district attorney are entitled to supplement the examination by suchfurther inquiry as the court deems proper. Any supplemental examination mustnot be unreasonably restricted.

(Added to NRS by 1967, 1424; A 1971, 246; 1979, 213)

NRS 175.036 Challengesfor cause for individual jurors: Grounds; trial of challenge.

1. Either side may challenge an individual juror fordisqualification or for any cause or favor which would prevent him as a jurorfrom 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 thetrial of the challenge.

(Added to NRS by 1968, 45)

NRS 175.041 Limitationof defendants right to sever in challenges. Whenseveral defendants are tried together, they cannot sever their peremptory challenges,but must join therein.

(Added to NRS by 1967, 1425)

NRS 175.051 Numberof peremptory challenges.

1. If the offense charged is punishable by death or byimprisonment for life, each side is entitled to eight peremptory challenges.

2. If the offense charged is punishable byimprisonment for any other term or by fine or by both fine and imprisonment,each side is entitled to four peremptory challenges.

3. The State and the defendant shall exercise theirchallenges alternately, in that order. Any challenge not exercised in itsproper order is waived.

(Added to NRS by 1967, 1425)

NRS 175.061 Alternatejurors.

1. The court may direct that not more than six jurorsin addition to the regular jury be called and impaneled to sit as alternatejurors.

2. Alternate jurors, in the order in which they werecalled, shall replace jurors who become unable or disqualified to perform theirduties.

3. Alternate jurors shall:

(a) Be drawn in the same manner;

(b) Have the same qualifications;

(c) Be subject to the same examination and challenges;

(d) Take the same oath; and

(e) Have the same functions, powers, facilities andprivileges, as the regular jurors.

4. If an alternate juror is required to replace aregular juror after the jury has retired to consider its verdict, the judgeshall recall the jury, seat the alternate and resubmit the case to the jury.

5. Each side is entitled to one peremptory challengein addition to those otherwise allowed by law if one or two alternate jurorsare to be impaneled, two peremptory challenges if three or four alternatejurors are to be impaneled, and three peremptory challenges if five or sixalternate jurors are to be impaneled. The additional peremptory challenges maybe used against an alternate juror only, and the other peremptory challengesallowed by statute may not be used against an alternate juror.

(Added to NRS by 1967, 1425; A 2005, 306)

NRS 175.071 Dischargeof juror where juror dies or unable to perform duty. If,before the conclusion of the trial, and there being no alternate juror calledor available, a juror dies, or becomes disqualified or unable to perform hisduty, the court may duly order him to be discharged and a new juror may besworn and the trial begun anew, or the jury may be discharged and a new jurythen or afterward impaneled.

(Added to NRS by 1967, 1425)

NRS 175.081 Dischargeof jury after retirement upon accident or cause. If,after the retirement of the jury, any accident or cause occurs to prevent theirbeing kept for deliberation, the jury may be discharged.

(Added to NRS by 1967, 1425)

NRS 175.091 Disabilityof judge during trial. If by reason of death,sickness or other disability the judge before whom a jury trial has commencedis unable to proceed with the trial, any other judge regularly sitting in orassigned to the court, upon certifying that he has familiarized himself withthe record of the trial, may proceed with and finish the trial.

(Added to NRS by 1967, 1425)

NRS 175.101 Disabilityof judge after verdict or finding of guilt. Ifby reason of absence from the judicial district, death, sickness or otherdisability the judge before whom the defendant has been tried is unable toperform the duties to be performed by the court after a verdict or finding ofguilt, any other judge regularly sitting in or assigned to the court mayperform those duties; but if such other judge is satisfied that he cannotperform those duties because he did not preside at the trial or for any otherreason, he may in his discretion grant a new trial.

(Added to NRS by 1967, 1425)

CONDUCT OF TRIAL

NRS 175.111 Oathof jurors. When the jury has been impaneled,the court shall administer the following oath:

Do you and each of you solemnlyswear that you will well and truly try this case, now pending before thiscourt, and a true verdict render according to the evidence given, so help youGod.

(Added to NRS by 1967, 1426)

NRS 175.121 Personalknowledge of jurors.

1. The judge shall then admonish the jury that:

(a) No juror may declare to his fellow jurors any factrelating to the case as of his own knowledge; and

(b) If any juror discovers during the trial or afterthe jury has retired that he or any other juror has personal knowledge of anyfact in controversy in the case, he shall disclose such situation to the judgeout of the presence of the other jurors.

2. When any such disclosure is made, the judge shallexamine the juror who admits or is alleged to have personal knowledge, underoath, in the presence of counsel for the parties, and may allow such counsel toexamine the juror.

3. If the juror has disclosed his own knowledge to thejudge and it appears that he has not declared any fact relating to the case tohis fellow jurors as of his own knowledge, the judge shall after theexamination decide whether the juror shall remain or shall be replaced by analternate juror.

4. If it appears that the juror has declared any factrelating to the case to his fellow jurors as of his own knowledge, or that hisvote was influenced by such knowledge undisclosed, the judge shall declare amistrial.

(Added to NRS by 1967, 1426)

NRS 175.131 Judgeto inform jury of right to take notes. Beforeany evidence has been introduced the judge may inform the jury they mayindividually take notes during the trial, but he shall further caution them notto rely upon their respective notes in case of conflict among them, because thereporters notes contain the complete and authentic record of the trial.

(Added to NRS by 1967, 1426)

NRS 175.141 Orderof trial. The jury having been impaneled andsworn, 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 allother cases this formality may be dispensed with.

2. The district attorney, or other counsel for theState, must open the cause. The defendant or his counsel may then either makehis opening statement or reserve it to be made immediately prior to thepresentation of evidence in his behalf.

3. The State must then offer its evidence in supportof the charge, and the defendant may then offer evidence in his defense.

4. The parties may then respectively offer rebuttingtestimony only, unless the court, for good reasons, in furtherance of justice,permit them to offer evidence upon their original cause.

5. When the evidence is concluded, unless the case issubmitted to the jury on either side, or on both sides, without argument, thedistrict attorney, or other counsel for the State, must open and must concludethe argument.

(Added to NRS by 1967, 1426)

NRS 175.151 Numberof counsel who may argue case. If theindictment or information be for an offense punishable with death, two counselon each side may argue the case to the jury, but in such case, as well as inall others, the counsel for the State must open and conclude the argument. Ifit be for any other offense, the court may, in its discretion, restrict theargument to one counsel on each side.

(Added to NRS by 1967, 1426)

NRS 175.161 Instructions.

1. Upon the close of the argument, the judge shallcharge the jury. He may state the testimony and declare the law, but may notcharge the jury in respect to matters of fact. The charge must be reduced towriting before it is given; and no charge or instructions may be given to thejury otherwise than in writing, unless by the mutual consent of the parties. Ifeither party requests it, the court must settle and give the instructions tothe jury before the argument begins, but this does not prevent the giving offurther instructions which may become necessary by reason of the argument.

2. In charging the jury, the judge shall state to themall such matters of law he thinks necessary for their information in givingtheir verdict.

3. Either party may present to the court any writtencharge, and request that it be given. If the court thinks it correct andpertinent, it must be given; if not, it must be refused.

4. An original and one copy of each instructionrequested by any party must be tendered to the court. The copies must benumbered and indicate who tendered them. Copies of instructions given on thecourts own motion or modified by the court must be so identified. Whenrequested instructions are refused, the judge shall write on the margin of theoriginal the word refused and initial or sign the notation. The instructionsgiven to the jury must be firmly bound together and the judge shall write theword given at the conclusion thereof and sign the last of the instructions tosignify that all have been given. After the instructions are given, the judgemay not clarify, modify or in any manner explain them to the jury except inwriting unless the parties agree to oral instructions.

5. After the jury has reached a verdict and beendischarged, the originals of all instructions, whether given, modified orrefused, must be preserved by the clerk as part of the proceedings.

6. Conferences with counsel to settle instructionsmust be held out of the presence of the jury and may be held in chambers at theoption of the court.

7. When the offense charged carries a possible penaltyof life without possibility of parole a charge to the jury that such penaltydoes not exclude executive clemency is a correct and pertinent charge, and mustbe given upon the request of either party.

(Added to NRS by 1967, 1427; A 1969, 401; 1981, 410)

NRS 175.171 Nospecial instructions to be given relating exclusively to defendants testimony. In the trial of all indictments, complaints and other proceedingsagainst persons charged with the commission of crimes or offenses, the personso charged shall, at his own request, but not otherwise, be deemed a competentwitness, the credit to be given his testimony being left solely to the jury,under the instructions of the court, but no special instruction shall be givenrelating exclusively to the testimony of the defendant.

(Added to NRS by 1967, 1427)

NRS 175.181 Instructionnot to be given relative to failure of defendant to testify.

1. No instruction shall be given relative to thefailure of the person charged with the commission of crime or offense totestify, except, upon the request of the person so charged, the court shallinstruct the jury that, in accordance with a right guaranteed by theConstitution, no person can be compelled, in a criminal action, to be a witnessagainst himself.

2. Nothing herein contained shall be construed ascompelling any such person to testify.

(Added to NRS by 1967, 1427)

NRS 175.186 Instructionsin prosecution for sexual assault or statutory sexual seduction: Use of certainterms and instructions prohibited.

1. In any prosecution for sexual assault or statutory sexualseduction or for an attempt to commit or conspiracy to commit either crime, theterm unchaste character may not be used with reference to the alleged victimof the crime in any instruction to the jury.

2. In a prosecution for sexual assault or statutorysexual seduction, the court may not give any instructions to the jury to theeffect that it is difficult to prove or establish the crime beyond a reasonabledoubt.

(Added to NRS by 1975, 1132; A 1977, 1630; 1991, 126)

NRS 175.191 Presumptionof innocence: Acquittal in case of reasonable doubt. Adefendant in a criminal action is presumed to be innocent until the contrary isproved; and in case of a reasonable doubt whether his guilt is satisfactorilyshown, he is entitled to be acquitted.

(Added to NRS by 1967, 1427)

NRS 175.201 Presumptionof innocence: Conviction of lowest degree of offense. Everyperson charged with the commission of a crime shall be presumed innocent untilthe contrary is proved by competent evidence beyond a reasonable doubt; andwhen an offense has been proved against him, and there exists a reasonabledoubt as to which of two or more degrees he is guilty, he shall be convictedonly of the lowest.

(Added to NRS by 1967, 1427)

NRS 175.211 Definitionof reasonable doubt; no other definition to be given to juries.

1. A reasonable doubt is one based on reason. It isnot mere possible doubt, but is such a doubt as would govern or control aperson in the more weighty affairs of life. If the minds of the jurors, afterthe entire comparison and consideration of all the evidence, are in such acondition that they can say they feel an abiding conviction of the truth of thecharge, there is not a reasonable doubt. Doubt to be reasonable must be actual,not mere possibility or speculation.

2. No other definition of reasonable doubt may begiven by the court to juries in criminal actions in this State.

(Added to NRS by 1967, 1427; A 1991, 257)

NRS 175.221 Evidence.

1. In all trials the testimony of witnesses shall betaken orally in open court, unless otherwise provided by statute.

2. The admissibility of evidence and the competencyand privileges of witnesses shall be governed by:

(a) The general provisions of title 4 of NRS;

(b) The specific provisions of any other applicablestatute; and

(c) Where no statute applies, the principles of thecommon law as they may be interpreted by the courts of the State of Nevada inthe light of reason and experience.

(Added to NRS by 1967, 1428; A 1971, 803)

NRS 175.241 Proofof corporate existence generally. If, upon atrial or proceeding in a criminal case, the existence, constitution or powersof 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 ofincorporation, but the same may be proved by general reputation, or by theprinted statutes of the state, or government, or country by which suchcorporation was created.

(Added to NRS by 1967, 1428)

NRS 175.251 Conspiracy:Allegation and proof of overt act; evidence of overt acts not alleged. Upon a trial for conspiracy, in a case where an overt actshall be necessary to constitute the offense, the defendant shall not beconvicted unless one or more overt acts shall be expressly alleged in theindictment or information, nor unless one of the acts alleged shall have beenproved; but other overt acts not alleged may be given in evidence.

(Added to NRS by 1967, 1428)

NRS 175.261 Falsepretenses: What evidence necessary. Upon atrial for having, with an intent to cheat or defraud another designedly, by anyfalse pretense, obtained the signature of any person, to a written instrument,or having obtained from any person any money, personal property, or valuablething, the defendant shall not be convicted if the false pretense shall havebeen expressed in language, unaccompanied by a false token or writing, unlessthe pretense or some note or memorandum thereof be in writing, subscribed by orin the handwriting of the defendant, or unless the pretense be proved by thetestimony of two witnesses, or that of one witness and corroboratingcircumstances; but this section shall not apply to a prosecution for falselyrepresenting or personating another, and, in such assumed character, marrying,or receiving any money or property.

(Added to NRS by 1967, 1428)

NRS 175.271 Expertwitnesses.

1. The court may order the defendant or the State orboth to show cause why expert witnesses should not be appointed, and mayrequest the parties to submit nominations.

2. The court may appoint any expert witnesses agreedupon by the parties, and may appoint witnesses of its own selection. An expertwitness shall not be appointed by the court unless he consents to act.

3. A witness so appointed shall be informed of hisduties by the court in writing, a copy of which shall be filed with the clerk,or at a conference in which the parties shall have the opportunity toparticipate.

4. A witness so appointed shall advise the parties ofhis findings, if any, and may thereafter be called to testify by the court orby any party. He shall be subject to cross-examination by each party.

5. The court may determine the reasonable compensationof such a witness and direct its payment out of such funds as may be providedby law.

6. The parties also may call expert witnesses of theirown selection.

7. An expert witness, whether appointed by the courtor called by a party, may in the discretion of the judge be excluded from thecourtroom during the testimony of other witnesses.

(Added to NRS by 1967, 1428)

NRS 175.282 Pleabargain: Inspection by jury; instruction of jury; cross-examination ofdefendant. If a prosecuting attorney entersinto an agreement with a defendant in which the defendant agrees to testifyagainst another defendant in exchange for a plea of guilty or nolo contendereto a lesser charge or for a recommendation of a reduced sentence, the courtshall:

1. After excising any portion it deems irrelevant orprejudicial, permit the jury to inspect the agreement;

2. If the defendant who is testifying has not enteredhis plea or been sentenced pursuant to the agreement, instruct the juryregarding the possible related pressures on the defendant by providing the jurywith an appropriate cautionary instruction; and

3. Allow the defense counsel to cross-examine fullythe defendant who is testifying concerning the agreement.

(Added to NRS by 1991, 291; A 1995, 2451; 2003, 1460)

NRS 175.291 Testimonyof accomplice must be corroborated; sufficiency of corroboration; accomplicedefined.

1. A conviction shall not be had on the testimony ofan accomplice unless he is corroborated by other evidence which in itself, andwithout the aid of the testimony of the accomplice, tends to connect the defendantwith the commission of the offense; and the corroboration shall not besufficient if it merely shows the commission of the offense or thecircumstances thereof.

2. An accomplice is hereby defined as one who isliable to prosecution, for the identical offense charged against the defendanton trial in the cause in which the testimony of the accomplice is given.

(Added to NRS by 1967, 1429)

NRS 175.301 Testimonyof person upon or with whom abortion was allegedly committed. Upon a trial for procuring or attempting to procure anabortion, or aiding or assisting therein, the defendant must not be convictedupon the testimony of the person upon or with whom the offense has allegedlybeen committed, unless:

1. The testimony of that person is corroborated byother evidence; or

2. The person giving the testimony is, and was at thetime the crime is alleged to have taken place, a police officer or deputysheriff who was performing his duties as such.

(Added to NRS by 1967, 1429; A 1979, 302; 1981, 1029;2005, 308)

NRS 175.311 Procedurewhen higher offense is shown by evidence. Ifit appears by the testimony that the facts proved constitute an offense of ahigher nature than that charged in the indictment or information, the court maydirect the jury to be discharged, and all proceedings on the indictment orinformation to be suspended, and may order the defendant to be committed, orcontinued on, or admitted to bail, to answer any new indictment or informationwhich may be found or filed against him for the higher offense.

(Added to NRS by 1967, 1429)

NRS 175.321 Procedureif higher offense ignored. If an indictmentfor the higher offense be dismissed by the grand jury, or be not found at itsnext session, or if an information be not filed before the next session of thegrand jury, the court shall again proceed to try the defendant on the originalindictment or information.

(Added to NRS by 1967, 1429)

NRS 175.331 Whendefendant on bail appears for trial he may be committed and held. When a defendant who has given bail appears for trial, thecourt may, in its discretion, at any time after his appearance for trial, orderhim to be committed to the custody of the proper officer, to abide the judgmentor further order of the court, and he must be committed and held in custodyaccordingly.

(Added to NRS by 1967, 1429)

NRS 175.341 Mistakein charging proper offense: Defendant not discharged; commitment or bail. When it appears, at any time before verdict or judgment,that a mistake has been made in charging the proper offense, the defendant mustnot be discharged, if there appears good cause to detain him in custody; butthe court must commit him, or require him to give bail for his appearance toanswer to the offense; and may also require the witnesses to give bail fortheir appearance.

(Added to NRS by 1967, 1429)

NRS 175.351 Dischargeof defendant when jury discharged for want of jurisdiction. If the jury is discharged because the court has notjurisdiction of the offense charged, and it appears that it was committed outof the jurisdiction of this state, the defendant must be discharged, unless thecourt orders that he be detained for a reasonable time, to be specified in theorder, to enable the district attorney to communicate with the chief executiveofficer of the country, state, territory or district where the offense wascommitted.

(Added to NRS by 1967, 1429)

NRS 175.361 Offensecommitted in other county: Commitment to await warrant; admission to bail;transmittal of papers to district attorney of proper county; expense oftransmission. If the offense was committedwithin the jurisdiction of another county of this state, the court may directthe defendant to be committed for such time as it deems reasonable, to await awarrant from the proper county for his arrest, or it may admit him to bail inan undertaking, with sufficient sureties that he will, within such time as thecourt may appoint, render himself amenable to a warrant for his arrest from theproper county; and, if not sooner arrested thereon, will attend at the officeof the sheriff of the county where the trial was had, at a certain timeparticularly specified in the undertaking, to surrender himself upon thewarrant, if issued, or that his bail will forfeit such sum as the court mayfix, to be mentioned in the undertaking; and the clerk must forthwith transmita certified copy of the indictment or information, and of all the papers filedin the action, to the district attorney of the proper county, the expenses ofwhich transmission are chargeable to that county.

(Added to NRS by 1967, 1430)

NRS 175.371 Dischargewhere defendant not arrested on warrant from other county; proceedings in caseof arrest.

1. If the defendant is not arrested on a warrant fromthe proper county, as provided in NRS175.361, he must be discharged from custody, or his bail in the action isexonerated, or money deposited instead of bail must be refunded, as the casemay be, and the sureties in the undertaking, as mentioned in that section, mustbe discharged.

2. If he is arrested, the same proceedings must be hadthereon as upon the arrest of a defendant in another county on a warrant issuedby a magistrate.

(Added to NRS by 1967, 1430)

NRS 175.381 Courtmay advise jury to acquit defendant when evidence on either side closed; motionfor judgment of acquittal after verdict of guilty; subsequent motion for newtrial.

1. If, at any time after the evidence on either sideis closed, the court deems the evidence insufficient to warrant a conviction,it may advise the jury to acquit the defendant, but the jury is not bound bysuch advice.

2. The court may, on a motion of a defendant or on itsown motion, which is made after the jury returns a verdict of guilty, set asidethe verdict and enter a judgment of acquittal if the evidence is insufficientto sustain a conviction. The motion for a judgment of acquittal must be madewithin 7 days after the jury is discharged or within such further time as thecourt may fix during that period.

3. If a motion for a judgment of acquittal after averdict of guilty pursuant to this section is granted, the court shall alsodetermine whether any motion for a new trial should be granted if the judgmentof acquittal is thereafter vacated or reversed. The court shall specify the groundsfor that determination. If the motion for a new trial is granted conditionally,the order thereon does not affect the finality of the judgment. If the motionfor a new trial is granted conditionally and the judgment is reversed onappeal, the new trial must proceed unless the appellate court has otherwiseordered. If the motion is denied conditionally, the defendant on appeal mayassert error in that denial, and if the judgment is reversed on appeal,subsequent proceedings must be in accordance with the order of the appellatecourt.

(Added to NRS by 1967, 1430; A 1991, 651)

NRS 175.383 Withdrawal,discharge or change of defense counsel; limitations. Ifa counsel seeks to withdraw from the case or is discharged by the defendant forthe purpose of delaying the trial, the court shall not allow the counsel to bechanged. The counsel for a defendant may not be changed after a trial has commencedexcept upon good cause shown to the court.

(Added to NRS by 1971, 596)

NRS 175.387 Misconductof defendant; sanctions.

1. Whenever a defendant interferes with the orderlycourse of a trial by his disruptive, disorderly or disrespectful conduct, thecourt may:

(a) Order the defendant bound and gagged.

(b) Cite the defendant for contempt.

(c) Order the defendant removed from the courtroom andproceed with the trial.

2. No such order or citation shall issue except afterthe defendant has been fully and fairly informed that his conduct is wrong andintolerable and has been warned of the consequences of continued misconduct.

3. A defendant who has been removed from the courtroommay be returned upon his promise to discontinue such misconduct. If hismisconduct continues after his return the court may proceed as provided insubsection 1.

(Added to NRS by 1971, 847)

CONDUCT OF JURY

NRS 175.391 Separationor custody of jury before submission. Thejurors sworn to try a criminal action may, at any time before the submission ofthe case to the jury, in the discretion of the court, be permitted to separate,depart for home overnight or be kept in charge of a proper officer. Uponcommencing deliberation, the jurors shall be kept in charge of a properofficer, unless at the discretion of the court they are permitted to depart forhome overnight. When the jurors are kept together, the officer in charge shallkeep the jurors in some private and convenient place and separate from otherpersons. He shall not permit any communication to be made to them, or make anyhimself, unless by order of the court, except to ask them if they have agreedupon their verdict. The officer shall not, before the verdict is rendered,communicate to any person the state of their deliberations or the verdictagreed upon. He shall return them into court when they have reached theirverdict or when ordered by the court.

(Added to NRS by 1967, 1430; A 1977, 882)

NRS 175.401 Juryto be admonished at each adjournment. At eachadjournment of the court, whether the jurors are permitted to separate ordepart for home overnight, or are kept in charge of officers, they must beadmonished by the judge or another officer of the court that it is their dutynot to:

1. Converse among themselves or with anyone else onany subject connected with the trial;

2. Read, watch or listen to any report of or commentaryon the trial or any person connected with the trial by any medium ofinformation, including without limitation newspapers, television and radio; or

3. If they have not been charged, form or express anyopinion on any subject connected with the trial until the cause is finallysubmitted to them.

(Added to NRS by 1967, 1430; A 1977, 883; 1981, 318)

NRS 175.421 Accommodationsfor jury upon retirement; power of court to furnish. Aroom shall be provided by the sheriff of each county for the use of the juryupon their retirement for deliberation, with suitable furniture, fuel, lightsand stationery, unless such necessaries have been already furnished by thecounty. The court may order the sheriff to do so, and the expenses incurred byhim in carrying the order into effect, when certified by the court, shall be acounty charge.

(Added to NRS by 1967, 1431)

NRS 175.431 Juryprovided food and lodging when kept together. Whilethe jury are kept together, either during the progress of the trial or aftertheir retirement for deliberation, they shall be provided, at the expense ofthe county, with suitable and sufficient food and lodging.

(Added to NRS by 1967, 1431)

NRS 175.441 Jurymay take written instructions, materials received in evidence, certain papersand own notes of trial on retiring for deliberation. Uponretiring for deliberation, the jury may take with them:

1. All papers and all other items and materials whichhave been received as evidence in the case, except depositions or copies of suchpublic records or private documents given in evidence as ought not, in theopinion of the court, to be taken from the person having them in possession.

2. The written instructions given, and notes of thetestimony or other proceedings on the trial, taken by themselves or any ofthem, but none taken by any other person.

(Added to NRS by 1967, 1431)

NRS 175.451 Returnof jury for information. After the jury haveretired for deliberation, if there is any disagreement between them as to anypart of the testimony, or if they desire to be informed on any point of lawarising in the cause, they must require the officer to conduct them into court.Upon their being brought into court, the information required shall be given inthe presence of, or after notice to, the district attorney and the defendant orhis counsel.

(Added to NRS by 1967, 1431)

NRS 175.461 Jurynot to be discharged after cause submitted; exceptions. Except as provided in NRS175.081, the jury shall not be discharged after the cause is submitted tothem, until they have agreed upon their verdict and rendered it in open court,unless by the consent of both parties, entered upon the minutes, or unless, atthe expiration of such time as the court may deem proper, it satisfactorilyappears that there is no reasonable probability that the jury can agree.

(Added to NRS by 1967, 1431)

NRS 175.471 Adjournmentof court during absence of jury. While thejury are absent, the court may adjourn from time to time, as to other business,but it shall nevertheless be deemed to be open for every purpose connected withthe cause submitted to the jury, until a verdict be rendered or the jurydischarged.

(Added to NRS by 1967, 1431)

VERDICT

NRS 175.481 Return. The verdict shall be unanimous. It shall be returned bythe jury to the judge in open court.

(Added to NRS by 1967, 1431)

NRS 175.491 Verdictwhere there are several defendants. If thereare two or more defendants, the jury at any time during its deliberations mayreturn a verdict or verdicts with respect to a defendant or defendants as towhom it has agreed; if the jury cannot agree with respect to all, the defendantor defendants as to whom it does not agree may be tried again.

(Added to NRS by 1967, 1431)

NRS 175.501 Jurymay convict of lesser included offense or attempt. Thedefendant may be found guilty of an offense necessarily included in the offensecharged or of an attempt to commit either the offense charged or an offensenecessarily included therein if the attempt is an offense.

(Added to NRS by 1967, 1431)

NRS 175.511 Whenoffenses to be stated separately. When thedefendant may be convicted of more than one offense charged, each offense ofwhich the defendant is convicted must be stated in the verdict or the findingof the court.

(Added to NRS by 1967, 1431)

NRS 175.531 Pollingjury; further deliberation or discharge. Whena verdict is returned and before it is recorded the jury shall be polled at therequest of any party or upon the courts own motion. If upon the poll there isnot unanimous concurrence, the jury may be directed to retire for furtherdeliberation or may be discharged.

(Added to NRS by 1967, 1432)

ACQUITTAL

NRS 175.539 Acquittalby reason of insanity: Defendant to be examined; hearing to be held todetermine whether defendant is mentally ill; procedure for committing defendantto custody of Division of Mental Health and Developmental Services.

1. Where on a trial a defense of insanity is interposedby the defendant and he is acquitted by reason of that defense, the finding ofthe jury pending the judicial determination pursuant to subsection 2 has thesame effect as if he were regularly adjudged insane, and the judge must:

(a) Order a peace officer to take the person intoprotective custody and transport him to a forensic facility for detentionpending a hearing to determine his mental health;

(b) Order the examination of the person by twopsychiatrists, two psychologists, or one psychiatrist and one psychologist whoare employed by a division facility; and

(c) At a hearing in open court, receive the report ofthe examining advisers and allow counsel for the State and for the person toexamine the advisers, introduce other evidence and cross-examine witnesses.

2. If the court finds, after the hearing:

(a) That there is not clear and convincing evidencethat the person is a mentally ill person, the court must order his discharge;or

(b) That there is clear and convincing evidence that theperson is a mentally ill person, the court must order that he be committed tothe custody of the Administrator of the Division of Mental Health andDevelopmental Services of the Department of Health and Human Services until heis regularly discharged therefrom in accordance with law.

The courtshall issue its finding within 90 days after the defendant is acquitted.

3. The Administrator shall make the same reports andthe court shall proceed in the same manner in the case of a person committed tothe custody of the Division of Mental Health and Developmental Servicespursuant to this section as of a person committed because he is incompetent tostand trial pursuant to NRS 178.400 to 178.460, inclusive, except that thedetermination to be made by the Administrator and the district judge on thequestion of release is whether the person has recovered from his mental illnessor has improved to such an extent that he is no longer a mentally ill person.

4. As used in this section, unless the contextotherwise requires:

(a) Division facility has the meaning ascribed to itin NRS 433.094.

(b) Forensic facility means a secure facility of theDivision of Mental Health and Developmental Services of the Department ofHealth and Human Services for mentally disordered offenders and defendants. Theterm includes, without limitation, Lakes Crossing Center.

(c) Mentally ill person has the meaning ascribed toit in NRS 433A.115.

(Added to NRS by 2003, 1459)

NRS 175.541 Dischargeof defendant after acquittal. If judgment of acquittalbe given on a verdict, and the defendant be not detained for any other legalcause, he must be discharged as soon as the verdict is given.

(Added to NRS by 1967, 1432)

NRS 175.543 Noticeto defendant of provisions concerning sealing of records of proceedings leadingto acquittal. Upon the entry of a judgment ofacquittal, the court shall provide the defendant with a written notice of theprovisions of NRS 179.255 which concernthe sealing of records of the proceedings leading to the acquittal.

(Added to NRS by 2001, 1690)

HEARING TO DETERMINE WHETHER SEXUALLY MOTIVATED OFFENSE

NRS 175.547 Noticeof intent to request hearing; time of hearing; evidence; court to enterfinding; sexually motivated defined.

1. In any case in which a defendant pleads or is foundguilty of murder in the first or second degree, kidnapping in the first orsecond degree, false imprisonment, burglary or invasion of the home, the courtshall, at the request of the prosecuting attorney, conduct a separate hearingto determine whether the offense was sexually motivated. A request for such ahearing may not be submitted to the court unless the prosecuting attorney,before the commencement of the trial, files and serves upon the defendant awritten notice of his intention to request such a hearing.

2. A hearing requested pursuant to subsection 1 mustbe conducted before:

(a) The court imposes its sentence; or

(b) A separate penalty hearing is conducted.

3. At the hearing, only evidence concerning thequestion of whether the offense was sexually motivated may be presented. Theprosecuting attorney must prove beyond a reasonable doubt that the offense wassexually motivated.

4. The court shall enter its finding in the record.

5. For the purposes of this section, an offense issexually motivated if one of the purposes for which the person committed theoffense was his sexual gratification.

(Added to NRS by 1995, 413; A 1997, 1666)

PENALTY HEARING FOR FIRST DEGREE MURDER

NRS 175.552 Whenrequired; procedure; evidence.

1. Except as otherwise provided in subsection 2, inevery case in which there is a finding that a defendant is guilty of murder ofthe first degree, whether or not the death penalty is sought, the court shallconduct a separate penalty hearing. The separate penalty hearing must beconducted as follows:

(a) If the finding is made by a jury, the separatepenalty hearing must be conducted in the trial court before the trial jury, assoon as practicable.

(b) If the finding is made upon a plea of guilty or atrial without a jury and the death penalty is sought, the separate penaltyhearing must be conducted before a jury impaneled for that purpose, as soon aspracticable.

(c) If the finding is made upon a plea of guilty or atrial without a jury and the death penalty is not sought, the separate penaltyhearing must be conducted before the judge who conducted the trial or whoaccepted the plea of guilty, as soon as practicable.

2. In a case in which the death penalty is not soughtor in which a court has made a finding that the defendant is mentally retardedand has stricken the notice of intent to seek the death penalty pursuant to NRS 174.098, the parties may by stipulationwaive the separate penalty hearing required in subsection 1. When stipulatingto such a waiver, the parties may also include an agreement to have thesentence, if any, imposed by the trial judge. Any stipulation pursuant to thissubsection must be in writing and signed by the defendant, his attorney, ifany, and the prosecuting attorney.

3. During the hearing, evidence may be presentedconcerning aggravating and mitigating circumstances relative to the offense,defendant or victim and on any other matter which the court deems relevant tosentence, whether or not the evidence is ordinarily admissible. Evidence may beoffered to refute hearsay matters. No evidence which was secured in violationof the Constitution of the United States or the Constitution of the State of Nevadamay be introduced. The State may introduce evidence of additional aggravatingcircumstances as set forth in NRS 200.033,other than the aggravated nature of the offense itself, only if it has beendisclosed to the defendant before the commencement of the penalty hearing.

4. In a case in which the death penalty is not soughtor in which a court has found the defendant to be mentally retarded and hasstricken the notice of intent to seek the death penalty pursuant to NRS 174.098, the jury or the trial judgeshall determine whether the defendant should be sentenced to life with thepossibility of parole or life without the possibility of parole.

(Added to NRS by 1977, 1543; A 1993, 322; 1995, 258,2451; 2003, 767, 1460, 2082)

NRS 175.554 Deathpenalty cases: Instructions to jury; determinations; findings and verdict;hearing to set aside sentence of defendant alleged to be mentally retarded. In cases in which the death penalty is sought:

1. The court shall instruct the jury at the end of thepenalty hearing, and shall include in its instructions the aggravatingcircumstances alleged by the prosecution upon which evidence has been presentedduring the trial or at the hearing. The court shall also instruct the jury asto the mitigating circumstances alleged by the defense upon which evidence hasbeen presented during the trial or at the hearing.

2. The jury shall determine:

(a) Whether an aggravating circumstance orcircumstances are found to exist;

(b) Whether a mitigating circumstance or circumstancesare found to exist; and

(c) Based upon these findings, whether the defendantshould be sentenced to imprisonment for a definite term of 50 years, lifeimprisonment with the possibility of parole, life imprisonment without thepossibility of parole or death.

3. The jury may impose a sentence of death only if itfinds at least one aggravating circumstance and further finds that there are nomitigating circumstances sufficient to outweigh the aggravating circumstance orcircumstances found.

4. If a juryimposes a sentence of death, the jury shall render a written verdict signed bythe foreman. The verdict must designate the aggravating circumstance orcircumstances which were found beyond a reasonable doubt, and must state thatthere are no mitigating circumstances sufficient to outweigh the aggravatingcircumstance or circumstances found.

5. If a sentence of death is imposed and a priordetermination regarding mental retardation has not been made pursuant to NRS 174.098, the defendant may file amotion to set aside the penalty on the grounds that the defendant is mentally retarded.If such a motion is filed, the court shall conduct a hearing on that issue inthe manner set forth in NRS 174.098. Ifthe court determines pursuant to such a hearing that the defendant is mentallyretarded, it shall set aside the sentence of death and order a new penaltyhearing to be conducted. Either party may appeal such a determination to theSupreme Court pursuant to NRS 177.015.

(Added to NRS by 1977, 1543; A 1993, 322; 1995, 258; 2003, 768, 2083)

NRS 175.556 Procedurewhen jury unable to reach unanimous verdict.

1. In a case in which the death penalty is sought, ifa jury is unable to reach a unanimous verdict upon the sentence to be imposed,the district judge who conducted the trial or accepted the plea of guilty shallsentence the defendant to life imprisonment without the possibility of paroleor impanel a new jury to determine the sentence.

2. In a case in which the death penalty is not sought,if a jury is unable to reach a unanimous verdict upon the sentence to beimposed, the trial judge shall impose the sentence.

(Added to NRS by 1977, 1543; A 1995, 259; 2003, 2083)