2011 Nevada Revised Statutes
Chapter 51 - Hearsay
NRS 51.055 - Unavailable as a witness defined.
1. A declarant is unavailable as a witness if the declarant is:
(a) Exempted by ruling of the judge on the ground of privilege from testifying concerning the subject matter of the declarant s statement;
(b) Persistent in refusing to testify despite an order of the judge to do so;
(c) Unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity; or
(d) Absent from the hearing and beyond the jurisdiction of the court to compel appearance and the proponent of the declarant s statement has exercised reasonable diligence but has been unable to procure the declarant s attendance or to take the declarant s deposition.
2. A declarant is not unavailable as a witness if the declarant s exemption, refusal, inability or absence is due to the procurement or wrongdoing of the proponent of the declarant s statement for the purpose of preventing the witness from attending or testifying.
(Added to NRS by 1971, 794)
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