2005 Nevada Revised Statutes - Chapter 16 — Date of Trial; Trial by Jury; Masters

CHAPTER 16 - DATE OF TRIAL; TRIAL BY JURY;MASTERS

DATE OF TRIAL

NRS 16.010 Motionto postpone trial on ground of absence of evidence.

NRS 16.020 Depositionsof witnesses in case of postponement; actions involving title to mining claims.

NRS 16.025 Preferencesin setting date for trial: Party 70 years of age or older; party seriously ill;defendant convicted of crime punishable as felony.

TRIAL BY JURY

NRS 16.030 Drawingand examination of jurors; administration of oath or affirmation.

NRS 16.040 Challengesto jurors; peremptory challenges.

NRS 16.050 Groundsfor challenges for cause.

NRS 16.060 Challengesfor cause tried by court.

NRS 16.070 Juryto be sworn; court may order jury into custody of officer.

NRS 16.080 Dischargeand replacement of jurors who become unable or disqualified to perform duties.

NRS 16.090 Orderof proceedings after jury has been sworn.

NRS 16.100 Jurymay view property or premises.

NRS 16.110 Instructionsto jury.

NRS 16.120 Deliberationof jury: How and where conducted.

NRS 16.130 Jurymay take papers, materials and notes of testimony when retiring fordeliberation.

NRS 16.140 Jurymay come into court for further instructions.

NRS 16.150 Actionmay be tried again when jury discharged or prevented from giving verdict.

NRS 16.160 Courtmay adjourn from time to time while jury absent; sealed verdict.

NRS 16.170 Verdictof jury.

NRS 16.180 Proceedingswhen verdict informal.

NRS 16.190 Pollingjury; recording verdict and discharging jury.

MASTERS

NRS 16.200 Twoof three masters may act.

_________

 

DATE OF TRIAL

NRS 16.010 Motionto postpone trial on ground of absence of evidence. Amotion to postpone a trial, on the ground of the absence of evidence, shallonly be made upon affidavit showing the materiality of the evidence expected tobe obtained, and that due diligence has been used to procure it. The court mayalso require the moving party to state upon affidavit the evidence which heexpects to obtain; and if the adverse party thereupon admit that such evidencewould be given and that it be considered as actually given on the trial, oroffered and overruled as improper, the trial shall not be postponed.

[1911 CPA 260; RL 5202; NCL 8758]

NRS 16.020 Depositionsof witnesses in case of postponement; actions involving title to mining claims.

1. The party obtaining the postponement of a trialshall also, if required by the adverse party, consent that the testimony of anywitness of such adverse party who is in attendance be then taken by depositionbefore a judge or clerk of the court in which the case is pending, or beforesuch notary public as the court may indicate, which shall accordingly be done,and the testimony so taken may be read on the trial, with the same effect, andsubject to the same objections, as if the witness were produced.

2. In actions involving the title to mining claims, ifit be made to appear to the satisfaction of the court that in order thatjustice may be done, and the action fairly tried on its real merits, it isnecessary that further development should be made, and that the party applyinghas been guilty of no laches and is acting in good faith, the court shall grantthe postponement of the trial of the action, giving the party a reasonable timein which to prepare for trial. And in granting such postponement, the courtmay, in its discretion, annex as a condition thereto an order that the party obtainingsuch postponement shall not, pending the trial of the action, remove from thepremises in controversy any valuable earth or ore, and for any violation of anorder so made, the court or the judge thereof may punish for contempt, as inthe cases of violation of an order of injunction, and may also vacate the orderof postponement.

[1911 CPA 261; RL 5203; NCL 8759]

NRS 16.025 Preferencesin setting date for trial: Party 70 years of age or older; party seriously ill;defendant convicted of crime punishable as felony.

1. Upon the motion of a party to an action who is 70years of age or older, the court may give preference in setting a date for thetrial of the action, unless the court finds that the party does not have asubstantial interest in the case as a whole.

2. A court may grant a motion for preference insetting a date for the trial of an action if the court determines that basedupon clear and convincing medical evidence, a party to the action suffers froman illness or condition which raises a substantial medical doubt that the partywill survive for more than 6 months, and the court determines that theinterests of justice would be served by granting the motion.

3. If a motion for preference is granted pursuant tosubsection 1 or 2:

(a) The court shall set a date for the trial of theaction that is not more than 120 days after the hearing on the motion; and

(b) The court shall not continue the date for the trialof the action beyond 120 days after the hearing on the motion, except for thephysical disability of a party or attorney in the action, or for other goodcause entered on the record.

4. If the plaintiff in an action seeks to recoverdamages allegedly caused by a defendant during the commission of acts for whichthe defendant is convicted of a crime punishable as a felony, the court may,upon the motion of the plaintiff, give preference in setting a date for thetrial of the action. If the motion is granted, the trial of the action must,unless the court deems it infeasible, be held not more than 120 days after thehearing on the motion.

(Added to NRS by 1987, 784)

TRIAL BY JURY

NRS 16.030 Drawingand examination of jurors; administration of oath or affirmation.

1. Except when the jurors are drawn by a jurycommissioner, in preparing for the selection of the jury, the clerk, under thedirection of the judge, shall place in a box ballots containing the names ofthe persons summoned who have appeared and have not been excused. The clerkshall mix the ballots and draw from the box the number of names needed tocomplete the jury in accordance with the procedure provided either in subsection3 or subsection 4, as the judge directs.

2. Whenever the jurors are drawn by the jurycommissioner, the judge may also direct him to draw, in advance, the names ofadditional jurors in the order they would be used to replace discharged orexcused jurors pursuant to subsections 3 and 4.

3. The judge may require that eight names be drawn,and the persons whose names are called must be examined as to theirqualifications to serve as jurors. If any persons are excused or discharged, orif the ballots are exhausted before the jury is selected, additional namesshall be drawn from the jury box and those persons summoned and examined asprovided by law until the jury is selected.

4. The judge may require that the clerk draw a numberof names to form a panel of prospective jurors equal to the sum of the numberof regular jurors and alternate jurors to be selected and the number ofperemptory challenges to be exercised. The persons whose names are called mustbe examined as to their qualifications to serve as jurors. If any persons onthe panel are excused for cause, they must be replaced by additional personswho must also be examined as to their qualifications. The jury must consist ofeight persons, unless the parties consent to a lesser number. The parties mayconsent to any number not less than four. This consent must be entered by theclerk in the minutes of the trial. When a sufficient number of prospectivejurors has been qualified to complete the panel, each side shall exercise itsperemptory challenges out of the hearing of the panel by alternately strikingnames from the list of persons on the panel. After the peremptory challengeshave been exercised, the persons remaining on the panel who are needed tocomplete the jury shall, in the order in which their names were drawn, beregular jurors or alternate jurors.

5. Before persons whose names have been drawn areexamined as to their qualifications to serve as jurors, the judge or his clerkshall administer an oath or affirmation to them in substantially the followingform:

 

Do you, and each of you,(solemnly swear, or affirm under the pains and penalties of perjury) that youwill well and truly answer all questions put to you touching upon yourqualifications to serve as jurors in the case now pending before this court (sohelp you God)?

 

6. The judge shall conduct the initial examination ofprospective jurors and the parties or their attorneys are entitled to conductsupplemental examinations which must not be unreasonably restricted.

[1911 CPA 262; RL 5204; NCL 8760](NRS A 1971,344; 1977, 417; 1979, 917; 1981, 329, 556)

NRS 16.040 Challengesto jurors; peremptory challenges.

1. Either party may challenge the jurors. Thechallenges must be to individual jurors and be peremptory or for cause. Eachside is entitled to four peremptory challenges.

2. If there are two or more parties on any side andtheir interests are diverse, the court may allow additional peremptorychallenges, but not more than four, to the side with the multiple parties. Ifthe multiple parties on a side are unable to agree upon the allocation of theiradditional peremptory challenges, the court shall make the allocation.

[1911 CPA 263; RL 5205; NCL 8761](NRS A 1977,295; 1979, 66)

NRS 16.050 Groundsfor challenges for cause.

1. Challenges for cause may be taken on one or more ofthe following grounds:

(a) A want of any of the qualifications prescribed bystatute to render a person competent as a juror.

(b) Consanguinity or affinity within the third degreeto either party.

(c) Standing in the relation of debtor and creditor,guardian and ward, master and servant, employer and clerk, or principal andagent, to either party; or being a member of the family of either party or apartner, or united in business with either party; or being security on any bondor obligation for either party.

(d) Having served as a juror or been a witness on aprevious trial between the same parties for the same cause of action; or beingthen a witness therein.

(e) Interest on the part of the juror in the event ofthe action, or in the main question involved in the action; except the interestof the juror as a member or citizen of a municipal corporation.

(f) Having formed or expressed an unqualified opinionor belief as to the merits of the action, or the main question involvedtherein; but the reading of newspaper accounts of the subject matter before thecourt shall not disqualify a juror either for bias or opinion.

(g) The existence of a state of mind in the jurorevincing enmity against or bias to either party.

2. A challenge for cause for standing in the relationof debtor and creditor when the party to an action is a public utility asdefined in NRS 704.020 may be allowedonly where the circumstances as determined by the court so warrant.

[1911 CPA 264; RL 5206; NCL 8762](NRS A 1967,99)

NRS 16.060 Challengesfor cause tried by court. Challenges for causeshall be tried by the court. The juror challenged and any other person may beexamined as a witness on the trial of the challenge.

[1911 CPA 265; RL 5207; NCL 8763]

NRS 16.070 Juryto be sworn; court may order jury into custody of officer.

1. As soon as the jury is completed, the judge or hisclerk shall administer an oath or affirmation to the jurors in substantiallythe following form:

 

Do you, and each of you,(solemnly swear, or affirm under the pains and penalties of perjury) that youwill well and truly try the case now pending before this court and a trueverdict render according to the evidence given (so help you God)?

 

2. As soon as the alternate juror or jurors areselected, the judge or his clerk shall administer an oath or affirmation tothem in substantially the following form:

 

Do you, and each of you,(solemnly swear, or affirm under the pains and penalties of perjury) that, ifrequired to replace a regular juror or jurors you will well and truly try thecase now pending before this court, and a true verdict render according to theevidence given (so help you God)?

 

3. After the oath or affirmation has been administeredand the jury has been fully impaneled, the court may order the jury into thecustody of the sheriff or other officer selected by the court. The jurors shallnot be allowed to separate or depart from the custody of the sheriff or otherofficer except by order of the court. The sheriff shall in such cases, at thecharge of the parties to action, prepare suitable and comfortableaccommodations and provide food for the jury pending the trial.

[1911 CPA 266; A 1937, 173; 1931 NCL 8764](NRS A1977, 300, 881)

NRS 16.080 Dischargeand replacement of jurors who become unable or disqualified to perform duties. After the impaneling of the jury and before verdict, thecourt may discharge a juror upon a showing of his sickness, a serious illnessor death of a member of his immediate family, an undue hardship, an extremeinconvenience, any other inability to perform his duty or a public necessity.Alternate jurors, in the order in which they were selected, shall replacejurors who become unable or disqualified to perform their duties. If analternate juror is required to replace a regular juror after the jury hasretired to deliberate, the court shall recall the jury, seat the alternate andresubmit the case to the jury. If no alternate juror has been selected, thetrial may proceed with the remaining jurors, only if the parties so agree. Ifthe parties do not so agree, the jury shall be discharged, and a new jury thenor afterwards impaneled.

[1911 CPA 267; RL 5209; NCL 8765](NRS A 1977,300)

NRS 16.090 Orderof proceedings after jury has been sworn. Whenthe jury has been sworn, the trial must proceed in the following order, unlessthe judge for special reasons otherwise directs:

1. The pleadings may be read by counsel for therespective parties, as they may prefer, or, if not so read, counsel for therespective parties may state the issue during their opening statements. If thepleadings are not read before jury voir dire, the court or either counsel, asthe court directs, may state the nature of the case to the jury and advise thejurors of the witnesses whom each side proposes to call. After the jury hasbeen selected and sworn, counsel for the plaintiff and defendant, shall makeopening statements if they desire.

2. The plaintiff and defendant shall then each offerthe evidence upon his part.

3. The parties may then respectively offer rebuttingevidence only, unless the court for good reason, in furtherance of justice,permits them to offer evidence upon their original case.

4. When the evidence is concluded, unless the case issubmitted to the jury by either or both sides without argument, the plaintiffmust commence and may conclude the argument.

5. If several plaintiffs or defendants, havingseparate claims or defenses, appear by different counsel, the court shalldetermine their relative order in the evidence and argument.

6. The court shall 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.

[1911 CPA 268; RL 5210; NCL 8766](NRS A 1977,301)

NRS 16.100 Jurymay view property or premises. When, in theopinion of the court, it is proper for the jury to have a view of the propertywhich is the subject of litigation, or of the place in which any material factoccurred, it may order them to be conducted, in a body, under the charge of anofficer, to the place, which shall be shown to them by some person appointed bythe court for that purpose. While the jury are thus absent, no person, otherthan the person so appointed, shall speak to them on any subject connected withthe trial.

[1911 CPA 269; RL 5211; NCL 8767]

NRS 16.110 Instructionsto jury.

1. The court shall reduce to writing the instructionsto be given to the jury, unless the parties agree otherwise, and shall readsuch instructions to the jury. The court shall give instructions only as to thelaw of the case. An original and one copy of each instruction requested by anyparty shall be tendered to the court. The copies shall be numbered and indicatewho tendered them. Copies of instructions given on the courts own motion ormodified by the court shall be so identified. When requested instructions arerefused, the judge shall write on the margin of the original the word refusedand initial or sign the notation. The instructions given to the jury shall befirmly bound together and the judge shall write the word given at the conclusionthereof and sign the last of the instructions to signify that all have beengiven. After the instructions are given, the judge shall not clarify, modify orin any manner explain them to the jury except in writing unless the partiesagree to oral instructions.

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

3. Conferences with counsel to settle instructions maybe held in chambers at the option of the court. In any event, conferences oninstructions must be out of the presence of the jury.

[1911 CPA 270; RL 5212; NCL 8768](NRS A 1977,302)

NRS 16.120 Deliberationof jury: How and where conducted.

1. After hearing the charge, the jury shall retire fordeliberation until they agree upon their verdict or are discharged by the courtand must be kept together in a room provided for them, under charge of one ormore officers, unless at the discretion of the court they are permitted todepart for home overnight. When the jury is kept together, the officer incharge shall keep the jury separate from other persons. He shall not permit anycommunication to them, or make any himself, unless by order of the court,except to ask them if they have agreed upon their verdict. The officer shallnot, before the verdict is rendered, communicate to any person the state oftheir deliberations or the verdict agreed upon.

2. Each party to the action may appoint one or morepersons, one of whom on each side is entitled to remain with the officer incharge of the jury, and to be present at all times when any communication ishad with any member of the jury except when they are permitted to depart forhome overnight, and no communication, either oral or written, may be made to orreceived from any of the jurors while they are kept together, except in thepresence of and hearing of persons selected by the parties; and in case of awritten communication, it must not be delivered until read by them.

3. At each adjournment of the court, whether thejurors are permitted to depart for home overnight or are kept in charge ofofficers, they must be admonished by the judge or another officer of the courtthat it is their duty not to:

(a) Communicate among themselves or with any otherperson concerning their deliberations or any other subject connected with thetrial; or

(b) Read, watch or listen to any report of orcommentary on the trial or any person connected with the trial by any medium ofinformation, including without limitation newspapers, television and radio.

[1911 CPA 271; RL 5213; NCL 8769](NRS A 1977,302, 882; 1981, 317)

NRS 16.130 Jurymay take papers, materials and notes of testimony when retiring fordeliberation. Upon retiring for deliberationthe jury may take with them all papers, except depositions, and all other itemsand materials which have been received as evidence in the cause, or copies ofany such papers as ought not, in the opinion of the court, to be taken from theperson having them in possession; and they may also take with them notes of thetestimony, or other proceedings on the trial, taken by themselves or any ofthem, but none taken by any other person.

[1911 CPA 272; RL 5214; NCL 8770](NRS A 1963,60)

NRS 16.140 Jurymay come into court for further instructions. Afterthe jury has retired for deliberation, if there is a disagreement among them asto any part of the testimony, or if they desire to be informed of any point oflaw arising in the cause, they may require the officer to conduct them intocourt. Upon their being brought into court, the court may order the courtreporter to read the portion of the testimony which they request, or any partthereof, and the court may provide any information requested on the law. Thisshall be in the presence of or after notice to the parties or counsel.

[1911 CPA 273; RL 5215; NCL 8771](NRS A 1977,303)

NRS 16.150 Actionmay be tried again when jury discharged or prevented from giving verdict. In all cases where a jury are discharged, or preventedfrom giving a verdict by reason of accident or other cause during the progressof the trial, or after the cause is submitted to them, the action may be againtried, immediately or at a future time, as the court shall direct.

[1911 CPA 274; RL 5216; NCL 8772]

NRS 16.160 Courtmay adjourn from time to time while jury absent; sealed verdict. While the jury are absent the court may adjourn from timeto time in respect to other business, but it shall, nevertheless, be deemedopen for every purpose connected with the cause submitted to the jury until averdict is rendered or the jury discharged. The court may direct the jury tobring in a sealed verdict at the opening of the court, in case of an agreementduring a recess or adjournment for the day.

[1911 CPA 275; RL 5217; NCL 8773]

NRS 16.170 Verdictof jury. When a jury has agreed upon itsverdict, the jurors shall be conducted into court by the officer having them incharge; they shall be asked by the court, or clerk, whether they have agreedupon their verdict; and if the foreman answers in the affirmative, the verdictshall be delivered to the court who shall examine it.

[1911 CPA 276; RL 5218; NCL 8774](NRS A 1977,303)

NRS 16.180 Proceedingswhen verdict informal. If the verdict beinformal or insufficient in not covering the whole issue or issues submitted,the verdict may be corrected by the jury, under the advice of the court, or thejury may again be sent out.

[1911 CPA 277; RL 5219; NCL 8775]

NRS 16.190 Pollingjury; recording verdict and discharging jury. Whenthe verdict is given and is not informal or insufficient, the jury foreman orthe clerk shall read it aloud. If the verdict is general, any party may requestthat the jury be polled. If a poll is requested, the clerk shall call the namesof the jurors and ask each Is this your verdict as read? If more thanone-fourth of the jurors disagree, the jury shall be again sent out; but if nodisagreement is expressed, the clerk shall fully record the verdict in theminutes, the verdict is complete and the jury shall be discharged from thecase.

[1911 CPA 278; RL 5220; NCL 8776](NRS A 1977,303)

MASTERS

NRS 16.200 Twoof three masters may act. When there are threemasters all shall meet, but two of them may do any act which might be done byall.

[Part 1911 CPA 546; RL 5488; NCL 9035]

 

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