2005 Nevada Revised Statutes - Chapter 6 — Juries

CHAPTER 6 - JURIES

QUALIFICATIONS AND EXEMPTIONS OF JURORS

NRS 6.010 Personsqualified to act as jurors.

NRS 6.020 Exemptionsfrom service.

NRS 6.030 Groundsfor excusing jurors.

NRS 6.040 Penaltyfor failing to attend and serve as a juror.

SELECTION OF TRIAL JURORS BY JURY COMMISSIONER

NRS 6.045 Designationby rule of district court; administrative duties; selection of trial jurors.

SELECTION OF TRIAL JURORS BY COUNTY COMMISSIONERS

NRS 6.050 Estimateof required number of jurors by district court; selection by countycommissioners.

NRS 6.060 Namesof persons selected to be placed in jury box.

NRS 6.070 Jurornot serving; name drawn again; exemption.

NRS 6.080 Selectionof additional jurors by county commissioners when names in jury box exhausted;open venire.

FORMATION OF PANEL OF TRIAL JURORS

NRS 6.090 Proceduresfor forming panel; duties of sheriff and jury commissioner.

DISCHARGE OF EXCESS TRIAL JURORS

NRS 6.100 Dischargeof excess trial jurors.

IMPANELING GRAND JURIES

NRS 6.110 Countieswhose population is 100,000 or more: Selection of jurors and alternate jurors;listing and summoning jurors.

NRS 6.120 Countieswhose population is less than 100,000: Selection of jurors and alternatejurors; listing and summoning jurors.

NRS 6.130 Permissiblesummoning of grand jury by filing of affidavit or petition by taxpayer.

NRS 6.132 Summoningof grand jury by filing of petition by committee of registered voters.

NRS 6.135 Impanelingof grand juries to investigate state affairs; payment of expenses.

NRS 6.140 Applicationto Supreme Court for order directing selection and impaneling of grand jury.

NRS 6.145 Recessof grand jury.

FEES AND EXPENSES OF JURORS

NRS 6.150 Grandjurors and trial jurors in district and Justice Court.

NRS 6.155 Establishmentof program to allow juror to donate money to which he is entitled to receivefor his services and expenses to local agency for prevention of child abuse andneglect.

NRS 6.160 Paymentof jurors.

NRS 6.180 Expensesof jurors in civil cases.

UNLAWFUL ACTS; PENALTIES

NRS 6.190 Terminatingor threatening to terminate employment because of jury duty; dissuasion fromservice as juror.

_________

QUALIFICATIONS AND EXEMPTIONS OF JURORS

NRS 6.010 Personsqualified to act as jurors. Except asotherwise provided in this section, every qualified elector of the State,whether registered or not, who has sufficient knowledge of the Englishlanguage, and who has not been convicted of treason, a felony, or otherinfamous crime, and who is not rendered incapable by reason of physical ormental infirmity, is a qualified juror of the county in which he resides. Aperson who has been convicted of a felony is not a qualified juror of thecounty in which he resides until his civil right to serve as a juror has beenrestored pursuant to NRS 176A.850, 179.285, 213.090,213.155 or 213.157.

[1:65:1873; A 1881, 23; BH 3788; C 3867; RL 4929; NCL 8476](NRS A 2003, 2690)

NRS 6.020 Exemptionsfrom service.

1. Except as otherwise provided in subsections 2 and 3and NRS 67.050, upon satisfactory proof,made by affidavit or otherwise, the following-named persons, and no others, areexempt from service as grand or trial jurors:

(a) While the Legislature is in session, any member ofthe Legislature or any employee of the Legislature or the Legislative CounselBureau; and

(b) Any person who has a fictitious address pursuant toNRS 217.462 to 217.471, inclusive.

2. All persons of the age of 70 years or over areexempt from serving as grand or trial jurors. Whenever it appears to thesatisfaction of the court, by affidavit or otherwise, that a juror is over theage of 70 years, the court shall order the juror excused from all service as agrand or trial juror, if the juror so desires.

3. A person who is the age of 65 years or over wholives 65 miles or more from the court is exempt from serving as a grand ortrial juror. Whenever it appears to the satisfaction of the court, by affidavitor otherwise, that a juror is the age of 65 years or over and lives 65 miles ormore from the court, the court shall order the juror excused from all serviceas a grand or trial juror, if the juror so desires.

[360:63:1947; 1943 NCL 6084.370] + [9:65:1873; A1875, 137; 1877, 176; 1881, 155; 1893, 31; 1895, 51; 1915, 84; 1917, 32; 1921,29; 1925, 101; 1927, 113; 1939, 169; 1931 NCL 8479] + [1:17:1889; C 3880;RL 4941; NCL 8488](NRS A 1965, 347; 1967, 1278; 1969, 208, 1422; 1971,312; 1977, 856; 1981, 687; 1983, 100, 1360; 1997, 187; 1999, 162; 2001, 754; 2001 Special Session,207, 249; 2003, 289, 1347)

NRS 6.030 Groundsfor excusing jurors.

1. The court may at any time temporarily excuse anyjuror on account of:

(a) Sickness or physical disability.

(b) Serious illness or death of a member of hisimmediate family.

(c) Undue hardship or extreme inconvenience.

(d) Public necessity.

A persontemporarily excused shall appear for jury service as the court may direct.

2. The court shall permanently excuse any person fromservice as a juror if he is incapable, by reason of a permanent physical ormental disability, of rendering satisfactory service as a juror. The court mayrequire the prospective juror to submit a physicians certificate concerningthe nature and extent of the disability and the certifying physician may berequired to testify concerning the disability when the court so directs.

[10:65:1873; B 1060; BH 3797; C 3871; RL 4933; NCL 8480](NRS A 1977, 294)

NRS 6.040 Penaltyfor failing to attend and serve as a juror. Anyperson summoned as provided in this chapter to serve as a juror, who fails toattend and serve as a juror, shall, unless excused by the court, be ordered bythe court to appear and show cause for his failure to attend and serve as ajuror. If he fails to show cause, he is in contempt and shall be fined not morethan $500.

[11:65:1873; B 1061; BH 3798; C 3872; RL 4934; NCL 8481](NRS A 1967, 528; 1977, 294)

SELECTION OF TRIAL JURORS BY JURY COMMISSIONER

NRS 6.045 Designationby rule of district court; administrative duties; selection of trial jurors.

1. The district court may by rule of court designatethe clerk of the court, one of his deputies or another person as a jurycommissioner, and may assign to the jury commissioner such administrativeduties in connection with trial juries and jurors as the court finds desirablefor efficient administration.

2. If a jury commissioner is so selected, he shallfrom time to time estimate the number of trial jurors which will be requiredfor attendance on the district court and shall select that number from thequalified electors of the county not exempt by law from jury duty, whetherregistered as voters or not. The jurors may be selected by computer whenever proceduresto assure random selection from computerized lists are established by the jurycommissioner. The jury commissioner shall keep a record of the name, occupationand address of each person selected.

3. The jury commissioner shall not select the name ofany person whose name was selected the previous year, and who actually servedon the jury by attending in court in response to the venire from day to dayuntil excused from further attendance by order of the court, unless there arenot enough other suitable jurors in the county to do the required jury duty.

(Added to NRS by 1963, 386; A 1967, 981; 1969, 1530;1975, 911; 1979, 498; 1981, 555; 1989, 1644; 2003, 1347)

SELECTION OF TRIAL JURORS BY COUNTY COMMISSIONERS

NRS 6.050 Estimateof required number of jurors by district court; selection by countycommissioners.

1. In counties where there is no jury commissioner,the district court, before the board of county commissioners of the countyholds its first regular meeting in each year, and from time to time thereafteras may be required, shall estimate as nearly as possible the number of trialjurors that will be required for attendance on the district court of the countyfor a period of not more than 1 year, and shall by an order entered in itsminutes notify the board of that number of jurors and period. The board at itsnext regular meeting after receipt of the order shall select from the qualifiedelectors of the county, whether registered or unregistered, not exempt by lawfrom jury duty, such number of qualified electors as the court has estimated tobe necessary.

2. The board shall transmit to the county clerk, whoshall keep a record thereof in his office, the name, occupation and address ofeach person so selected.

[1:25:1885; A 1895, 51; C 3875; RL 4937; NCL 8484](NRS A 1967, 982; 1981, 326)

NRS 6.060 Namesof persons selected to be placed in jury box. Thenames so selected shall at the same time be written on separate slips of paperand deposited in a box, to be provided and kept for that purpose and known asthe jury box. The box, when not in use as herein provided, shall be keptsecurely locked by the county clerk.

[2:25:1885; BH 3803; C 3876; RL 4938; NCL 8485]

NRS 6.070 Jurornot serving; name drawn again; exemption. Whena juror drawn is not summoned or fails to appear, or after appearing is excusedby the judge from serving, his name shall be returned to the box to be drawnagain. The board of county commissioners shall not select the name of anyperson whose name was selected the previous year, and who actually served onthe jury by attending in court in response to the venire from day to day untilexcused from further attendance by order of the court, unless there be notenough other suitable jurors in the county to do the required jury duty.

[3:25:1885; A 1915, 172; 1919 RL 4939; NCL 8486]

NRS 6.080 Selectionof additional jurors by county commissioners when names in jury box exhausted;open venire.

1. When all the names in the jury box have beenexhausted, or there are not enough therein to complete the next panel that maybe drawn, the district judge shall certify the same to the board of countycommissioners, together with a statement of the number of additional names thatwill be required, and the board shall thereupon proceed and select suchrequired number of jurors in the manner provided in NRS 6.050 and 6.060, and thereafter trial jurors may bedrawn therefrom as before.

2. It shall at all times be in the discretion of thecourt, with the consent of all parties litigant to the action or actions to betried thereby, either to draw the names of the jurors from the box or to issuean open venire directed to the sheriff, requiring him to summon, eitherimmediately or for a day fixed, from the citizens of the county, but not fromthe bystanders, such number of persons having the qualifications of jurors asmay be needed. The persons thus summoned shall be as competent trial jurors inall respects as if drawn from the jury box.

[4:25:1885; A 1887, 121; C 3878; RL 4940; NCL 8487]

FORMATION OF PANEL OF TRIAL JURORS

NRS 6.090 Proceduresfor forming panel; duties of sheriff and jury commissioner.

1. To constitute a regular panel of trial jurors forthe district court in a county in which the board of county commissionersselects jurors on an annual basis, such number of names as the district judgemay direct must be drawn from the jury box. The district judge shall make andfile with the county clerk an order that a regular panel of trial jurors bedrawn, and the number of jurors to be drawn must be named in the order. Thedrawing must take place in the office of the county clerk, during regularoffice hours, in the presence of all persons who may choose to witness it. Thepanel must be drawn by the district judge and clerk, or, if the district judgeso directs, by any one of the county commissioners of the county and the clerk.If the district judge directs that the panel be drawn by one of the countycommissioners of the county and the clerk, the district judge shall make andfile with the clerk an order designating the name of the county commissionerand fixing the number of names to be drawn as trial jurors and the time atwhich the persons whose names are so drawn are required to attend in court.

2. The drawing, for jurors drawn pursuant tosubsection 1, must be conducted as follows:

(a) The number to be drawn having been previouslydetermined by the district judge, the box containing the names of the jurorsmust first be thoroughly shaken. It must then be opened and the district judgeand clerk, or one of the county commissioners of the county and the clerk, ifthe district judge has so ordered, shall alternately draw therefrom one ballotuntil of nonexempt jurors the number determined upon is obtained.

(b) If the officers drawing the jury deem that theattendance of any juror whose name is drawn cannot be obtained conveniently andinexpensively to the county, by reason of the distance of his residence fromthe court or other cause, his name may be returned to the box and in its placethe name of another juror drawn whose attendance the officers may deem can beobtained conveniently and inexpensively to the county.

(c) A list of the names obtained must be made out andcertified by the officers drawing the jury. The list must remain in the clerksoffice subject to inspection by any officer or attorney of the court, and theclerk shall immediately issue a venire.

3. Whenever trial jurors are selected by a jurycommissioner, the district judge may direct him to summon and assign to thatcourt the number of qualified jurors he determines to be necessary for theformation of the petit jury. The jurors may be selected by computer wheneverprocedures to assure random selection from computerized lists have been establishedby the jury commissioner.

4. Every person named in the venire must be served bythe sheriff personally or by the sheriff or the jury commissioner by mailing asummons to the person, commanding him to attend as a juror at a time and placedesignated therein. Mileage is allowed only for personal service. The postagemust be paid by the sheriff or the jury commissioner, as the case may be, andallowed him as other claims against the county. The sheriff shall make returnof the venire at least the day before the day named for their appearance, afterwhich the venire is subject to inspection by any officer or attorney of thecourt.

[4:65:1873; A 1879, 33; 1881, 26; 1915, 167; 1919 RL 4930; NCL 8477](NRS A 1959, 763; 1960, 435; 1965, 27; 1979, 462; 1981,555)

DISCHARGE OF EXCESS TRIAL JURORS

NRS 6.100 Dischargeof excess trial jurors. When at any time thereshall be a larger number of trial jurors in attendance upon any court than arerequired for the business of the court, or for the time being, the court maydischarge or excuse, temporarily, a sufficient number of those who have servedlongest to reduce the panel to the number required.

[1:82:1875; BH 3801; C 3879; RL 4936; NCL 8483]

IMPANELING GRAND JURIES

NRS 6.110 Countieswhose population is 100,000 or more: Selection of jurors and alternate jurors;listing and summoning jurors.

1. In any county having a population of 100,000 ormore, the selection of persons as proposed grand jurors must be made in themanner prescribed in this section upon notice from any district judge as oftenas the public interest may require and at least once in each 4 years. The clerkof the court under the supervision of the district judge presiding over theimpaneling of the grand jury shall select at random the names of at least 500qualified persons to be called as prospective grand jurors. The clerk shallthen prepare and mail to each person whose name was selected a questionnaireprepared by the district judge stating the amount of pay, the estimated timerequired to serve and the duties to be performed. Each recipient of thequestionnaire must be requested to complete and return the questionnaire,indicating thereon his willingness and availability to serve on the grand jury.The clerk shall continue the selection of names and mailing of questionnairesuntil a panel of 100 persons who are willing to serve is established.

2. A list of the names of persons who indicated theirwillingness to serve as grand jurors must be made by the clerk of the court anda copy furnished to each district judge. The district judges shall meet within15 days thereafter and shall, in order of seniority, each select one name fromthe list until 50 persons have been selected. A list of the names of thepersons selected as proposed grand jurors must be made by the clerk, certifiedby the district judges making the selection and filed in the clerks office.The clerk shall immediately issue a venire, directed to the sheriff of thecounty, commanding him to summon the proposed grand jurors to attend in courtat such time as the district judge directs.

3. The sheriff shall summon the proposed grand jurors,and the district judge presiding over the impaneling of the grand jury shallselect at random from their number 17 persons to constitute the grand jury and12 persons to act as alternate grand jurors. If for any reason eight or moreproposed grand jurors fail to appear, additional proposed grand jurorssufficient to complete the panel of grand jurors and alternates must beselected from the list of prospective grand jurors by the district judgepresiding over the impaneling, and the persons so selected must be summoned toappear in court at such time as he directs.

4. Every person named in the venire as a grand jurormust be served by the sheriff mailing a summons to the person commanding him toattend as a juror at a time and place designated therein. The summons must beregistered or certified and deposited in the post office addressed to theperson at his usual mailing address. The receipt of the person so addressed forthe registered or certified summons must be regarded as personal service of thesummons upon him and no mileage may be allowed for service. The postage and feefor registered or certified mail must be paid by the sheriff and allowed him asother claims against the county.

5. If for any reason a person selected as a grandjuror is unable to serve on the grand jury until the completion of itsbusiness, the district judge shall select one of the alternate grand jurors toserve in his place. An alternate must be served by the sheriff in the mannerprovided in subsection 4.

[Part 8:65:1873; A 1879, 33; 1881, 26; 1915, 167;1919, 377; 1927, 220; 1929, 45; 1943, 178; 1949, 513; 1943 NCL 8478](NRS A1959, 764; 1961, 403; 1965, 248; 1969, 313; 1973, 341, 1271; 1979, 293, 499;1981, 332; 1983, 382; 1985, 1030)

NRS 6.120 Countieswhose population is less than 100,000: Selection of jurors and alternatejurors; listing and summoning jurors.

1. In any county having a population of less than100,000, the county clerk under the supervision of the district judge, shallrandomly select the names of 50 qualified persons to serve as prospective grandjurors. The county clerk shall then prepare and mail to each person whose namewas selected a questionnaire drawn up by the district judge or presidingdistrict judge, where applicable, stating the amount of pay, the estimated timerequired to serve, and the duties to be performed. Each recipient of thequestionnaire shall be requested to return the questionnaire, indicating on ithis willingness to serve on the jury. The county clerk shall continue theselection of names and mailing of questionnaires until a panel of 36 personswho are willing to serve is established. The requirement of subsection 1 of NRS 6.110 that a grand jury must be calledat least once in every 4 years does not apply to the county unless the districtjudge otherwise directs. A list of the names of the 36 persons who indicatetheir willingness to serve as grand jurors must be made and certified by thecounty clerk and filed in the county clerks office, and the clerk shallimmediately issue a venire, directed to the sheriff of the county, commandinghim to summon the persons willing to serve as grand jurors to attend in courtat such time as the district judge may have directed.

2. The sheriff shall summon the grand jurors, and outof the number summoned each district judge in rotation according to seniority,shall select one name from the venire until 17 persons to constitute the grandjury and 12 persons to act as alternate grand jurors are chosen.

3. Every person named in the venire as a grand jurorshall be served by the sheriff mailing a summons to that person commanding himto attend as a juror at a time and place designated therein, which summonsshall be registered or certified and deposited in the post office addressed tothe person at his usual post office address. The receipt of the personaddressed for the registered or certified summons must be regarded as personalservice of the summons upon that person and no mileage may be allowed forservice. The postage and fee for registered or certified mail must be paid bythe sheriff and allowed him as other claims against the county.

4. If for any reason a person selected as a grandjuror is unable to serve on the grand jury until the completion of itsbusiness, the district judge shall select one of the alternate grand jurors toserve in his place. The alternate shall be served by the sheriff in the mannerprovided in subsection 3.

[Part 8a:65:1873; added 1949, 513; 1943 NCL 8478.01](NRS A 1959, 765; 1961, 404; 1969, 95; 1973, 1272; 1979, 500; 1981,333; 1985, 1031)

NRS 6.130 Permissiblesummoning of grand jury by filing of affidavit or petition by taxpayer.

1. In any county, if the statute of limitations hasnot run against the person offending, the district judge may summon a grandjury after an affidavit or verified petition by any taxpayer of the countyaccompanied by and with corroborating affidavits of at least two additionalpersons has been filed with the clerk of the district court, setting forthreasonable evidence upon which a belief is based that there has been amisappropriation of public money or property by a public officer, past or present,or any fraud committed against the county or state by any officer, past or present,or any violation of trust by any officer, past or present. The district judgeshall act upon the affidavit or petition within 5 days. If he fails or refusesto recall or summon a grand jury, the affiant or petitioner may proceed asprovided in NRS 6.140.

2. If there is a grand jury in recess, the court shallrecall that grand jury. If there is not a grand jury in recess, a new grandjury must be summoned.

[Part 8:65:1873; A 1879, 33; 1881, 26; 1915, 167;1919, 377; 1927, 220; 1929, 45; 1943, 178; 1949, 513; 1943 NCL 8478] + [Part8a:65:1873; added 1949, 513; 1943 NCL 8478.01](NRS A 1961, 674; 1967, 863,1468; 1985, 1032; 2001,751)

NRS 6.132 Summoningof grand jury by filing of petition by committee of registered voters.

1. A committee of petitioners consisting of fiveregistered voters may commence a proceeding to summon a grand jury pursuant tothis section by filing with the clerk of the district court an affidavit thatcontains the following information:

(a) The name and address of each registered voter whois a member of the committee.

(b) The mailing address to which all correspondenceconcerning the committee is to be sent.

(c) A statement that the committee will be responsiblefor the circulation of the petition and will comply with all applicablerequirements concerning the filing of a petition to summon a grand jurypursuant to this section.

(d) A statement explaining the necessity for summoninga grand jury pursuant to this section.

2. A petition to summon a grand jury must be filedwith the clerk by a committee of petitioners not later than 180 days after anaffidavit is filed pursuant to subsection 1. The petition must contain:

(a) The signatures of registered voters equal in numberto at least 25 percent of the number of voters voting within the county at thelast preceding general election. Each signature contained in the petition:

(1) May only be obtained after the affidavitrequired pursuant to subsection 1 is filed;

(2) Must be executed in ink; and

(3) Must be followed by the address of theperson signing the petition and the date on which the person is signing thepetition.

(b) A statement indicating the number of signatures ofregistered voters which were obtained by the committee and which are includedin the petition.

(c) An affidavit executed by each person who circulatedthe petition which states that:

(1) The person circulated the petition personally;

(2) At all times during the circulation of thepetition, the affidavit filed pursuant to subsection 1 was affixed to thepetition;

(3) Each signature obtained by the person isgenuine to the best of his knowledge and belief and was obtained in hispresence; and

(4) Each person who signed the petition had anopportunity before signing the petition to read the entire text of thepetition.

3. A petition filed pursuant to this section mayconsist of more than one document, but all documents that are included as partof the petition must be assembled into a single instrument for the purpose offiling. Each document that is included as part of the petition must be uniformin size and style and must be numbered.

4. A person shall not misrepresent the intent orcontent of a petition circulated or filed pursuant to this section. A personwho violates the provisions of this subsection is guilty of a misdemeanor.

5. The clerk shall issue a receipt following thefiling of a petition pursuant to this section. The receipt must indicate thenumber of:

(a) Documents included in the petition;

(b) Pages in each document; and

(c) Signatures which the committee indicates wereobtained and which are included in the petition.

6. Within 20 days after a petition is filed pursuantto this section, the clerk shall:

(a) Prepare a certificate indicating whether thepetition is sufficient or insufficient, and if the petition is insufficient,include in the certificate the reasons for the insufficiency of the petition;and

(b) Transmit a copy of the certificate to the committeeby certified mail.

7. A petition must not be certified as insufficientfor lack of the required number of valid signatures if, in the absence of otherproof of disqualification, any signature on the face thereof does not exactlycorrespond with the signature appearing on the official register of voters andthe identity of the signer can be ascertained from the face of the petition.

8. If a petition is certified as:

(a) Sufficient, the clerk shall promptly present a copyof the certificate to the court, and the court shall summon a grand jury. Ifthere is a grand jury in recess, the court shall recall that grand jury. Ifthere is not a grand jury in recess, a new grand jury must be summoned.

(b) Insufficient, the committee may, within 2 daysafter receipt of the copy of the certificate, file a request with the court forjudicial review of the determination by the clerk that the petition isinsufficient. In reviewing the determination of the clerk, the court shallexamine the petition and the certificate of the clerk and may, in its discretion,allow the introduction of oral or written testimony. The determination of theclerk may be reversed only upon a showing that the determination is in violationof any constitutional or statutory provision, is arbitrary or capricious, orinvolves an abuse of discretion. If the court finds that the determination ofthe clerk was correct, the committee may commence a new proceeding to summon agrand jury pursuant to this section or may proceed as provided in NRS 6.140. If the court finds that the determinationof the clerk must be reversed, the court shall summon a grand jury. If there isa grand jury in recess, the court shall recall that grand jury. If there is nota grand jury in recess, a new grand jury must be summoned.

(Added to NRS by 2001, 750)

NRS 6.135 Impanelingof grand juries to investigate state affairs; payment of expenses.

1. Upon request of the Governor, or of the Legislatureby concurrent resolution, the district judge of any county shall cause a grandjury to be impaneled in the same manner as other grand juries are impaneled,except that the sole duty of a grand jury impaneled under the provisions ofthis section shall limit its investigations to state affairs, and to theconduct of state officers and employees. The report of such grand jury shall betransmitted to the Governor and the Legislature.

2. The expenses of a grand jury impaneled under theprovisions of this section shall be a charge against the General Fund of theState, to be certified by the district judge and paid on claims.

(Added to NRS by 1957, 548)

NRS 6.140 Applicationto Supreme Court for order directing selection and impaneling of grand jury. In any county, if the district judge for any reason failsor refuses to select a grand jury when required, any interested person residentof the county may apply to the Supreme Court for an order directing theselection of a grand jury. The application must be supported by affidavitssetting forth the true facts as known to the applicant, and the certificate ofthe county clerk that a grand jury has not been selected within the time fixedor otherwise as the facts may be. The Supreme Court shall issue its order, ifsatisfied that a grand jury should be called, directing the county clerk toselect and impanel a grand jury, according to the provisions of NRS 6.110 to 6.132, inclusive.

[8b:65:1873; added 1953, 12](NRS A 1973, 1273; 2001, 752)

NRS 6.145 Recessof grand jury. Upon the completion of itsbusiness for the time being, the court may, at the request of or with theconcurrence of the grand jury, recess the grand jury subject to recall at suchtime as new business may require its attention.

(Added to NRS by 1967, 1467; A 1985, 557)

FEES AND EXPENSES OF JURORS

NRS 6.150 Grandjurors and trial jurors in district and Justice Court.

1. Each person summoned to attend as a grand juror ora trial juror in the district court or Justice Court is entitled to a fee of$40 for each day after the second day of jury selection that he is inattendance in response to the venire or summons, including Sundays andholidays.

2. Each grand juror and trial juror in the districtcourt or Justice Court actually sworn and serving is entitled to a fee of $40 aday as compensation for each day of service.

3. In addition to the fees specified in subsections 1and 2, a board of county commissioners may provide that, for each day of suchattendance or service, each person is entitled to be paid a per diem allowancein an amount equal to the allowance for meals provided for state officers andemployees generally while away from the office and within this State pursuantto subsection 1 of NRS 281.160.

4. Each person summoned to attend as a grand juror ora trial juror in the district court or Justice Court and each grand juror andtrial juror in the district court or Justice Court is entitled to receive 36.5cents a mile for each mile necessarily and actually traveled if the home of theperson summoned or serving as a juror is 65 miles or more from the place oftrial.

5. If the home of a person summoned or serving as sucha juror is 65 miles or more from the place of trial and the selection, inquiryor trial lasts more than 1 day, he is entitled to receive an allowance forlodging at the rate provided by law for state employees, in addition to hisdaily compensation for attendance or service, for each day on which he does notreturn to his home.

6. In civil cases, any fee, per diem allowance orother compensation due each juror engaged in the trial of the cause must bepaid each day in advance to the clerk of the court, or the justice of thepeace, by the party who has demanded the jury. If the party paying this moneyis the prevailing party, the money is recoverable as costs from the losingparty. If the jury from any cause is discharged in a civil action withoutfinding a verdict and the party who demands the jury subsequently obtains judgment,the money so paid is recoverable as costs from the losing party.

7. The money paid by a county clerk to jurors fortheir services in a civil action or proceeding, which he has received from theparty demanding the jury, must be deducted from the total amount due them forattendance as such jurors, and any balance is a charge against the county.

[Part 2:96:1919; A 1933, 68; 1933, 152; 1937, 210;1949, 10; 1951, 107; 1953, 134](NRS A 1965, 311; 1967, 277; 1975, 911; 1977,926; 1979, 330; 1981, 326; 1993, 919; 2001, 752; 2003, 1348)

NRS 6.155 Establishmentof program to allow juror to donate money to which he is entitled to receivefor his services and expenses to local agency for prevention of child abuse andneglect.

1. Each board of county commissioners may establishand maintain a program whereby a person may forfeit any money that he isentitled to receive pursuant to NRS 6.150for his services and expenses and have that money donated to an agency whichprovides child welfare services and that is located in the county in which theperson is serving as a juror. Any money donated through a program establishedpursuant to this section must be used only for a program or activity which isdesigned to prevent the abuse or neglect of a child or to benefit an abused orneglected child.

2. As used in this section:

(a) Abuse or neglect of a child has the meaningascribed to it in NRS 432B.020.

(b) Agency which provides child welfare services hasthe meaning ascribed to it in NRS 432B.030.

(Added to NRS by 1993, 1330; A 1997, 5; 2001 Special Session,15)

NRS 6.160 Paymentof jurors. The county clerk in cases in thedistrict court and the deputy clerk of the Justice Court in cases in the JusticeCourt shall keep a payroll, enrolling thereon the names of all jurors, thenumber of days in attendance and the actual number of miles traveled by theshortest and most practical route in going to and returning from the placewhere the court is held, and at the conclusion of a trial may:

1. Give a statement of the amounts due to the jurorsto the county auditor, who shall draw warrants upon the county treasurer forthe payment thereof; or

2. Make an immediate payment in cash of the amountowing to each juror.

Thesepayments must be made from and to the extent allowed by the fees collected fromthe demanding party, pursuant to the provisions of NRS 6.150, and from and to the extent allowedby any other fees which have been collected pursuant to law. The clerk shallobtain from each juror so paid a receipt signed by him and indicating the dateof payment, the date of service and the amount paid. A duplicate of thisreceipt must be immediately delivered to the appropriate county auditor, countyrecorder or county comptroller.

[Part 3:96:1919; A 1923, 63; 1933, 152; 1937, 172;1931 NCL 8492](NRS A 1973, 295, 1083; 1985, 51)

NRS 6.180 Expensesof jurors in civil cases. In all cases when ajury is kept together by order of the court during a trial, or by failure toagree upon a verdict, after the cause has been submitted to them by the court,the expenses of their board and lodging shall be taxed as other disbursementsand expenses in favor of the prevailing party; no verdict shall be entered orjudgment rendered thereon until the same is paid or tendered. The clerk shallreceive and properly disburse all money paid for the expenses of jurors, as inthis section provided to be paid.

[33:49:1883; BH 2374; C 2498; RL 2035; NCL 2966]

UNLAWFUL ACTS; PENALTIES

NRS 6.190 Terminatingor threatening to terminate employment because of jury duty; dissuasion fromservice as juror.

1. Any person, corporation, partnership, associationor other entity who is:

(a) An employer; or

(b) The employee, agent or officer of an employer,vested with the power to terminate or recommend termination of employment,

of a personwho is a juror or who has received a summons to appear for jury duty, and whodeprives the juror or person summoned of his employment, as a consequence ofhis service as a juror or prospective juror, or who asserts to the juror orperson summoned that his service as a juror or prospective juror will result intermination of his employment, is guilty of a gross misdemeanor.

2. A person discharged from employment in violation ofsubsection 1 may commence a civil action against his employer and obtain:

(a) Wages and benefits lost as a result of theviolation;

(b) An order of reinstatement without loss of position,seniority or benefits;

(c) Damages equal to the amount of the lost wages andbenefits;

(d) Reasonable attorneys fees fixed by the court; and

(e) Punitive or exemplary damages in an amount not toexceed $50,000.

3. Each summons to appear for jury duty must beaccompanied by a notice to the employer of the person summoned. The notice mustinform the employer that the person has been summoned for jury duty and mustinclude a copy of the provisions of subsections 1 and 2. The person summoned,if he is employed, shall give the notice to his employer at least 1 day beforehe is to appear for jury duty.

4. Except as otherwise provided in this section, anyperson who in any manner dissuades or attempts to dissuade a person who hasreceived a summons to appear for jury duty from serving as a juror is guilty ofa misdemeanor.

(Added to NRS by 1977, 293; A 1987, 810)

 

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