2005 Nevada Revised Statutes - Chapter 49 — Privileges

CHAPTER 49 - PRIVILEGES

GENERAL PROVISIONS

NRS 49.015 Privilegesrecognized only as provided.

NRS 49.025 Requiredreports privileged by statute.

NRS 49.027 Preventionof disclosure of privileged matter by interpreter.

LAWYER AND CLIENT

NRS 49.035 Definitions.

NRS 49.045 Clientdefined.

NRS 49.055 Confidentialdefined.

NRS 49.065 Lawyerdefined.

NRS 49.075 Representativeof the client defined.

NRS 49.085 Representativeof the lawyer defined.

NRS 49.095 Generalrule of privilege.

NRS 49.105 Whomay claim privilege.

NRS 49.115 Exceptions.

PROCEEDINGS OF REVIEW COMMITTEE

NRS 49.117 Reviewcommittee defined.

NRS 49.119 Generalrule of privilege.

NRS 49.121 Whomay claim privilege.

NRS 49.123 Exceptions.

ACCOUNTANT AND CLIENT

NRS 49.125 Definitions.

NRS 49.135 Accountantdefined.

NRS 49.145 Clientdefined.

NRS 49.155 Confidentialdefined.

NRS 49.165 Representativeof the accountant defined.

NRS 49.175 Representativeof the client defined.

NRS 49.185 Generalrule of privilege.

NRS 49.195 Whomay claim privilege.

NRS 49.205 Exceptions.

PSYCHOLOGIST AND PATIENT

NRS 49.207 Definitions.

NRS 49.209 Generalrule of privilege.

NRS 49.211 Whomay claim privilege.

NRS 49.213 Exceptions.

DOCTOR AND PATIENT

NRS 49.215 Definitions.

NRS 49.225 Generalrule of privilege.

NRS 49.235 Whomay claim privilege.

NRS 49.245 Exceptions.

MARRIAGE ANDFAMILY THERAPIST AND CLIENT

NRS 49.246 Definitions.

NRS 49.247 Generalrule of privilege.

NRS 49.248 Whomay claim privilege.

NRS 49.249 Exceptions.

SOCIAL WORKER AND CLIENT

NRS 49.251 Definitions.

NRS 49.252 Generalrule of privilege.

NRS 49.253 Whomay claim privilege.

NRS 49.254 Exceptions.

VICTIMS ADVOCATE AND VICTIM

NRS 49.2541 Definitions.

NRS 49.2542 Domesticviolence defined.

NRS 49.2543 Sexualassault defined.

NRS 49.2544 Victimdefined.

NRS 49.2545 Victimsadvocate defined.

NRS 49.2546 Whencommunication deemed to be confidential; communication defined.

NRS 49.2547 Generalrule of privilege.

NRS 49.2548 Whomay claim privilege.

NRS 49.2549 Exceptions.

OTHER OCCUPATIONAL PRIVILEGES

NRS 49.255 Confessorand confessant.

NRS 49.265 Committeesfor review of medical or dental care.

NRS 49.275 Newsmedia.

NRS 49.285 Publicofficer as witness.

NRS 49.290 Counselorand pupil.

NRS 49.291 Teacherand pupil.

MISCELLANEOUS PRIVILEGES

NRS 49.295 Husbandand wife: General rule of privilege; exceptions.

NRS 49.305 Husbandand wife: Exception for insanity.

NRS 49.315 Politicalvote.

NRS 49.325 Tradesecrets.

IDENTITY OF INFORMER

NRS 49.335 Privilegeto refuse disclosure of identity of informer.

NRS 49.345 Whomay claim.

NRS 49.355 Voluntarydisclosure; informer a witness.

NRS 49.365 Testimonyon guilt or innocence.

NRS 49.375 Legalityof obtaining evidence.

WAIVER AND COMMENT

NRS 49.385 Waiverof privilege by voluntary disclosure.

NRS 49.395 Privilegedmatter disclosed under compulsion or without opportunity to claim privilege.

NRS 49.405 Commentupon or inference from claim of privilege; instruction.

_________

GENERAL PROVISIONS

NRS 49.015 Privilegesrecognized only as provided.

1. Except as otherwise required by the Constitution ofthe United States or of the State of Nevada, and except as provided in thistitle or title 14 of NRS, no person has a privilege to:

(a) Refuse to be a witness;

(b) Refuse to disclose any matter;

(c) Refuse to produce any object or writing; or

(d) Prevent another from being a witness or disclosingany matter or producing any object or writing.

2. This section does not:

(a) Impair any privilege created by title 14 of NRS orby the Nevada Rules of Civil Procedure which is limited to a particular stageof the proceeding; or

(b) Extend any such privilege to any other stage of aproceeding.

(Added to NRS by 1971, 782)

NRS 49.025 Requiredreports privileged by statute.

1. A person making a return or report required by lawto be made has a privilege to refuse to disclose and to prevent any otherperson from disclosing the return or report, if the law requiring it to be madeso provides.

2. A public officer or agency to whom a return orreport is required by law to be made has a privilege to refuse to disclose thereturn or report if the law requiring it to be made so provides.

3. No privilege exists under this section in actionsinvolving false statements or fraud in the return or report or when the reportis contained in health care records furnished in accordance with the provisionsof NRS 629.061.

(Added to NRS by 1971, 782; A 1977, 1314)

NRS 49.027 Preventionof disclosure of privileged matter by interpreter. Aperson who has a privilege against the disclosure of a matter may prevent thedisclosure of that matter by an interpreter to whom the matter was disclosedmerely to facilitate a privileged communication of the matter.

(Added to NRS by 1995, 803)

LAWYER AND CLIENT

NRS 49.035 Definitions. As used in NRS 49.035to 49.115, inclusive, the words andphrases defined in NRS 49.045 to 49.085, inclusive, have the meaningsascribed to them in NRS 49.045 to 49.085, inclusive.

(Added to NRS by 1971, 782)

NRS 49.045 Clientdefined. Client means a person, including apublic officer, corporation, association or other organization or entity,either public or private, who is rendered professional legal services by alawyer, or who consults a lawyer with a view to obtaining professional legalservices from him.

(Added to NRS by 1971, 782)

NRS 49.055 Confidentialdefined. A communication is confidential ifit is not intended to be disclosed to third persons other than those to whomdisclosure is in furtherance of the rendition of professional legal services tothe client or those reasonably necessary for the transmission of thecommunication.

(Added to NRS by 1971, 782)

NRS 49.065 Lawyerdefined. Lawyer means a person authorized,or reasonably believed by the client to be authorized, to practice law in anystate or nation.

(Added to NRS by 1971, 783)

NRS 49.075 Representativeof the client defined. Representative of theclient means a person having authority to obtain professional legal services,or to act on advice rendered pursuant thereto, on behalf of the client.

(Added to NRS by 1971, 783)

NRS 49.085 Representativeof the lawyer defined. Representative of thelawyer means a person employed by the lawyer to assist in the rendition of professionallegal services.

(Added to NRS by 1971, 783)

NRS 49.095 Generalrule of privilege. A client has a privilege torefuse to disclose, and to prevent any other person from disclosing,confidential communications:

1. Between himself or his representative and hislawyer or his lawyers representative.

2. Between his lawyer and the lawyers representative.

3. Made for the purpose of facilitating the renditionof professional legal services to the client, by him or his lawyer to a lawyerrepresenting another in a matter of common interest.

(Added to NRS by 1971, 783)

NRS 49.105 Whomay claim privilege.

1. The privilege may be claimed by the client, hisguardian or conservator, the personal representative of a deceased client, orthe successor, trustee or similar representative of a corporation, associationor other organization, whether or not in existence.

2. The person who was the lawyer at the time of thecommunication may claim the privilege but only on behalf of the client. Hisauthority to do so is presumed in the absence of evidence to the contrary.

(Added to NRS by 1971, 783)

NRS 49.115 Exceptions. There is no privilege under NRS 49.095 or 49.105:

1. If the services of the lawyer were sought orobtained to enable or aid anyone to commit or plan to commit what the clientknew or reasonably should have known to be a crime or fraud.

2. As to a communication relevant to an issue betweenparties who claim through the same deceased client, regardless of whether theclaims are by testate or intestate succession or by inter vivos transaction.

3. As to a communication relevant to an issue of breachof duty by the lawyer to his client or by the client to his lawyer.

4. As to a communication relevant to an issueconcerning an attested document to which the lawyer is an attesting witness.

5. As to a communication relevant to a matter ofcommon interest between two or more clients if the communication was made byany of them to a lawyer retained or consulted in common, when offered in anaction between any of the clients.

(Added to NRS by 1971, 783)

PROCEEDINGS OF REVIEW COMMITTEE

NRS 49.117 Reviewcommittee defined. As used in NRS 49.117 to 49.123, inclusive, unless the contextotherwise requires, review committee means:

1. An organized committee of:

(a) A hospital;

(b) An ambulatory surgical center;

(c) A health maintenance organization;

(d) An organization that provides emergency medicalservices pursuant to the provisions of chapter450B of NRS; or

(e) A medical facility as defined in NRS 449.0151,

which hasthe responsibility of evaluating and improving the quality of care rendered bythe parent organization;

2. A peer review committee of a medical or dentalsociety; or

3. A medical review committee of a county or districtboard of health that certifies, licenses or regulates providers of emergencymedical services pursuant to the provisions of chapter450B of NRS, but only when functioning as a peer review committee.

(Added to NRS by 1995, 1692; A 2005, 2518)

NRS 49.119 Generalrule of privilege. A review committee has aprivilege to refuse to disclose and to prevent any other person from disclosingits proceedings and records and testimony given before it.

(Added to NRS by 1995, 1693)

NRS 49.121 Whomay claim privilege.

1. The privilege may be claimed by any member of thereview committee, any person whose work has been reviewed by the committee orany person who has offered testimony, an opinion or documentary evidence beforethe committee.

2. The privilege is presumed to be claimed as to aparticular matter unless a written waiver is signed by all persons entitled toclaim the privilege as to that matter.

3. The privilege is not waived or lost if a persondiscloses information which is otherwise privileged to a governmental orregulatory agency of this State or the United States.

(Added to NRS by 1995, 1693)

NRS 49.123 Exceptions. There is no privilege under NRS 49.119 or 49.121 as to:

1. A statement made by an applicant for staffprivileges at a hospital; or

2. Any information available from a record required tobe made available pursuant to the provisions of NRS 629.061.

(Added to NRS by 1995, 1693)

ACCOUNTANT AND CLIENT

NRS 49.125 Definitions. As used in NRS 49.125to 49.205, inclusive, the words andphrases defined in NRS 49.135 to 49.175, inclusive, have the meaningsascribed to them in NRS 49.135 to 49.175, inclusive.

(Added to NRS by 1971, 783)

NRS 49.135 Accountantdefined. Accountant means a person certifiedor registered as a public accountant under chapter628 of NRS who holds a live permit.

(Added to NRS by 1971, 783)

NRS 49.145 Clientdefined. Client means a person, including apublic officer, corporation, association or other organization or entity,either public or private, who is rendered professional accounting services byan accountant, or who consults an accountant with a view to obtainingprofessional accounting services from him.

(Added to NRS by 1971, 783)

NRS 49.155 Confidentialdefined. A communication is confidential ifit is not intended to be disclosed to third persons other than those to whomdisclosure is in furtherance of the rendition of professional accountingservices to the client or those reasonably necessary for the transmission ofthe communication.

(Added to NRS by 1971, 784)

NRS 49.165 Representativeof the accountant defined. Representative ofthe accountant means a person employed by the accountant to assist in the renditionof professional accounting services.

(Added to NRS by 1971, 784)

NRS 49.175 Representativeof the client defined. Representative of theclient means a person having authority to obtain professional accountingservices, or to act on advice rendered pursuant thereto, on behalf of theclient.

(Added to NRS by 1971, 784)

NRS 49.185 Generalrule of privilege. A client has a privilege torefuse to disclose, and to prevent any other person from disclosing,confidential communications:

1. Between himself or his representative and hisaccountant or his accountants representative.

2. Between his accountant and the accountantsrepresentative.

3. Made for the purpose of facilitating the renditionof professional accounting services to the client, by him or his accountant toan accountant representing another in a matter of common interest.

(Added to NRS by 1971, 784)

NRS 49.195 Whomay claim privilege.

1. The privilege may be claimed by the client, hisguardian or conservator, the personal representative of a deceased client, orthe successor, trustee or similar representative of a corporation, associationor other organization, whether or not in existence.

2. The person who was the accountant may claim theprivilege but only on behalf of the client. His authority to do so is presumedin the absence of evidence to the contrary.

(Added to NRS by 1971, 784)

NRS 49.205 Exceptions. There is no privilege under NRS 49.185 or 49.195:

1. If the services of the accountant were sought orobtained to enable or aid anyone to commit or plan to commit what the clientknew or reasonably should have known to be a crime or fraud.

2. As to a communication relevant to an issue betweenparties who claim through the same deceased client, regardless of whether theclaims are by testate or intestate succession or by inter vivos transaction.

3. As to a communication relevant to an issue ofbreach of duty by the accountant to his client or by the client to hisaccountant.

4. As to a communication relevant to an issueconcerning the examination, audit or report of any financial statements, books,records or accounts which the accountant may be engaged to make or requested bya prospective client to discuss for the purpose of making a public report.

5. As to a communication relevant to a matter ofcommon interest between two or more clients if the communication was made byany of them to an accountant retained or consulted in common, when offered inan action between any of the clients.

6. As to a communication between a corporation and itsaccountant:

(a) In an action by a shareholder against thecorporation which is based upon a breach of fiduciary duty; or

(b) In a derivative action by a shareholder on behalfof the corporation.

(Added to NRS by 1971, 784)

PSYCHOLOGIST AND PATIENT

NRS 49.207 Definitions. As used in NRS 49.207to 49.213, inclusive, unless the contextotherwise requires:

1. A communication is confidential if it is notintended to be disclosed to third persons other than:

(a) Those present to further the interest of thepatient in the consultation, examination or interview;

(b) Persons reasonably necessary for the transmissionof the communication; or

(c) Persons who are participating in the diagnosis andtreatment under the direction of the psychologist, including members of thepatients family.

2. Patient has the meaning ascribed to it in NRS 641.0245.

3. Psychologist has the meaning ascribed to it in NRS 641.027.

(Added to NRS by 1995, 2497)

NRS 49.209 Generalrule of privilege. A patient has a privilegeto refuse to disclose and to prevent any other person from disclosingconfidential communications between himself and his psychologist or any otherperson who is participating in the diagnosis or treatment under the directionof the psychologist, including a member of the patients family.

(Added to NRS by 1995, 2497)

NRS 49.211 Whomay claim privilege.

1. The privilege may be claimed by the patient, by hisguardian or conservator or by the personal representative of a deceasedpatient.

2. The psychologist of a patient may claim theprivilege but only on behalf of the patient. The authority of the psychologistto claim the privilege is presumed in the absence of evidence to the contrary.

(Added to NRS by 1995, 2497)

NRS 49.213 Exceptions. There is no privilege pursuant to NRS 49.209 or 49.211:

1. For communications relevant to an issue in aproceeding to hospitalize the patient for mental illness, if the psychologistin the course of diagnosis or treatment has determined that the patientrequires hospitalization.

2. For communications relevant to an issue of thetreatment of the patient in any proceeding in which the treatment is an elementof a claim or defense.

3. If disclosure is otherwise required by state orfederal law.

4. For communications relevant to an issue in aproceeding to determine the validity of a will of the patient.

5. If there is an immediate threat that the patientwill harm himself or other persons.

6. For communications made in the course of acourt-ordered examination of the condition of a patient with respect to thespecific purpose of the examination unless the court orders otherwise.

7. For communications relevant to an issue in aninvestigation or hearing conducted by the Board of Psychological Examiners ifthe treatment of the patient is an element of that investigation or hearing.

8. For communications relevant to an issue in aproceeding relating to the abuse or neglect of a disabled or legallyincompetent person.

(Added to NRS by 1995, 2497)

DOCTOR AND PATIENT

NRS 49.215 Definitions. As used in NRS 49.215to 49.245, inclusive:

1. A communication is confidential if it is notintended to be disclosed to third persons other than:

(a) Those present to further the interest of thepatient in the consultation, examination or interview;

(b) Persons reasonably necessary for the transmissionof the communication; or

(c) Persons who are participating in the diagnosis andtreatment under the direction of the doctor, including members of the patientsfamily.

2. Doctor means a person licensed to practicemedicine, dentistry or osteopathic medicine in any state or nation, or a personwho is reasonably believed by the patient to be so licensed, and in additionincludes a person employed by a public or private agency as a psychiatricsocial worker, or someone under his guidance, direction or control, whileengaged in the examination, diagnosis or treatment of a patient for a mentalcondition.

3. Patient means a person who consults or isexamined or interviewed by a doctor for purposes of diagnosis or treatment.

(Added to NRS by 1971, 785; A 1975, 1632; 1977, 956;1995, 2498)

NRS 49.225 Generalrule of privilege. A patient has a privilege torefuse to disclose and to prevent any other person from disclosing confidentialcommunications among himself, his doctor or persons who are participating inthe diagnosis or treatment under the direction of the doctor, including membersof the patients family.

(Added to NRS by 1971, 785)

NRS 49.235 Whomay claim privilege.

1. The privilege may be claimed by the patient, by hisguardian or conservator, or by the personal representative of a deceasedpatient.

2. The person who was the doctor may claim theprivilege but only on behalf of the patient. His authority so to do is presumedin the absence of evidence to the contrary.

(Added to NRS by 1971, 785)

NRS 49.245 Exceptions. There is no privilege under NRS 49.225 or 49.235:

1. For communications relevant to an issue inproceedings to hospitalize the patient for mental illness, if the doctor in thecourse of diagnosis or treatment has determined that the patient is in need ofhospitalization.

2. As to communications made in the course of acourt-ordered examination of the condition of a patient with respect to theparticular purpose of the examination unless the court orders otherwise.

3. As to written medical or hospital records relevantto an issue of the condition of the patient in any proceeding in which thecondition is an element of a claim or defense.

4. In a prosecution or mandamus proceeding under chapter 441A of NRS.

5. As to any information communicated to a physicianin an effort unlawfully to procure a dangerous drug or controlled substance, orunlawfully to procure the administration of any such drug or substance.

6. As to any written medical or hospital records whichare furnished in accordance with the provisions of NRS 629.061.

7. As to records that are required by chapter 453 of NRS to be maintained.

8. If the services of the physician are sought orobtained to enable or aid a person to commit or plan to commit fraud or anyother unlawful act in violation of any provision of chapter 616A, 616B,616C, 616Dor 617 of NRS which the person knows orreasonably should know is fraudulent or otherwise unlawful.

(Added to NRS by 1971, 785; A 1977, 155, 997, 1314;1981, 589, 1967; 1985, 2012; 1987, 1036; 1989, 300, 302, 425; 1995, 1877; 2002 Special Session,12)

MARRIAGE AND FAMILY THERAPIST AND CLIENT

NRS 49.246 Definitions. As used in NRS 49.246to 49.249, inclusive, unless the contextotherwise requires:

1. Client means a person who consults or isinterviewed by a marriage and family therapist for the purpose of diagnosis ortreatment.

2. A communication is confidential if it is notintended to be disclosed to any third person other than a person:

(a) Present during the consultation or interview tofurther the interest of the client;

(b) Reasonably necessary for the transmission of thecommunication; or

(c) Participating in the diagnosis or treatment underthe direction of the marriage and family therapist, including a member of theclients family.

3. Marriage and family therapist has the meaningascribed to it in NRS 641A.060.

(Added to NRS by 1987, 555)

NRS 49.247 Generalrule of privilege. A client has a privilege torefuse to disclose, and to prevent any other person from disclosing,confidential communications among himself, his marriage and family therapist orany other person who is participating in the diagnosis or treatment under thedirection of the marriage and family therapist.

(Added to NRS by 1987, 556)

NRS 49.248 Whomay claim privilege.

1. The privilege may be claimed by the client, by hisguardian or conservator, or by the personal representative of a deceasedclient.

2. The person who was the marriage and familytherapist may claim the privilege but only on behalf of the client. Hisauthority to do so is presumed in the absence of evidence to the contrary.

(Added to NRS by 1987, 556)

NRS 49.249 Exceptions. There is no privilege under NRS 49.247 or 49.248:

1. If the client communicates to the marriage andfamily therapist that he intends or plans to commit what the client knows orreasonably should know is a crime.

2. If the marriage and family therapist is required totestify in an administrative or court-related investigation or proceedinginvolving the welfare of his client or the minor children of his client.

3. For communications relevant to an issue in proceedingsto hospitalize the patient for mental illness, if the marriage and familytherapist in the course of diagnosis or treatment has determined that theclient is in need of hospitalization.

4. As to communications relevant to an issue of thetreatment of the client in any proceeding in which the treatment is an elementof a claim or defense.

(Added to NRS by 1987, 556)

SOCIAL WORKER AND CLIENT

NRS 49.251 Definitions. As used in NRS 49.251to 49.254, inclusive, unless the contextotherwise requires:

1. Client means a person who consults or isinterviewed by a social worker for the purpose of diagnosis or treatment.

2. A communication is confidential if it is notintended to be disclosed to any third person other than a person:

(a) Present during the consultation or interview tofurther the interest of the client;

(b) Reasonably necessary for the transmission of thecommunication; or

(c) Participating in the diagnosis or treatment underthe direction of the social worker, including a member of the clients family.

3. Social worker means any person licensed under chapter 641B of NRS.

(Added to NRS by 1987, 1121)

NRS 49.252 Generalrule of privilege. A client has a privilege torefuse to disclose, and to prevent any other person from disclosingconfidential communications among himself, his social worker or any otherperson who is participating in the diagnosis or treatment under the directionof the social worker.

(Added to NRS by 1987, 1122)

NRS 49.253 Whomay claim privilege.

1. The privilege may be claimed by the client, hisguardian or conservator or by the personal representative of a deceased client.

2. The person who is the social worker may claim theprivilege, but only on behalf of the client. His authority to do so is presumedin the absence of evidence to the contrary.

(Added to NRS by 1987, 1122)

NRS 49.254 Exceptions. There is no privilege under NRS 49.252 or 49.253:

1. If the services of the social worker are sought orobtained to enable or aid anyone to commit or plan to commit what the clientknows or reasonably should have known is a crime or fraud.

2. If the social worker is required to testify in anadministrative or court-related investigation or proceeding involving thewelfare of his client or the minor children of his client.

3. If the communication is relevant to an issue ofbreach of duty by the social worker to his client or by the client to hissocial worker.

4. If the communication is with persons who areparticipating in the diagnosis and treatment of the client of the socialworker, including members of the patients family.

5. If disclosure is otherwise required by state orfederal law.

(Added to NRS by 1987, 1122)

VICTIMS ADVOCATE AND VICTIM

NRS 49.2541 Definitions. As used in NRS 49.2541to 49.2549, inclusive, the words andterms defined in NRS 49.2542 to 49.2545, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 2003, 1755)

NRS 49.2542 Domesticviolence defined. Domestic violence meansan act described in NRS 33.018.

(Added to NRS by 2003, 1755)

NRS 49.2543 Sexualassault defined. Sexual assault means aviolation of NRS 200.366 or an attemptto violate or conspiracy to violate NRS200.366.

(Added to NRS by 2003, 1755)

NRS 49.2544 Victimdefined. Victim means a person who allegesthat an act of domestic violence or sexual assault has been committed againstthe person.

(Added to NRS by 2003, 1755)

NRS 49.2545 Victimsadvocate defined. Victims advocate means aperson who works for a nonprofit program that provides assistance to victimswith or without compensation and who has received at least 20 hours of relevanttraining.

(Added to NRS by 2003, 1755)

NRS 49.2546 Whencommunication deemed to be confidential; communication defined.

1. A communication shall be deemed to be confidentialif the communication is between a victim and a victims advocate and is notintended to be disclosed to third persons other than:

(a) A person who is present to further the interest ofthe victim;

(b) A person reasonably necessary for the transmissionof the communication; or

(c) A person who is participating in the advice,counseling or assistance of the victim, including, without limitation, a memberof the victims family.

2. As used in this section, communication includes,without limitation, all records concerning the victim and the services providedto the victim which are within the possession of:

(a) The victims advocate; or

(b) The nonprofit program for whom the victimsadvocate works.

(Added to NRS by 2003, 1755)

NRS 49.2547 Generalrule of privilege. Except as otherwiseprovided in NRS 49.2549, a victim whoseeks advice, counseling or assistance from a victims advocate has a privilegeto refuse to disclose, and to prevent any other person from disclosing,confidential communications set forth in NRS49.2546.

(Added to NRS by 2003, 1756)

NRS 49.2548 Whomay claim privilege.

1. The privilege provided pursuant to NRS 49.2547 may be claimed by:

(a) The victim;

(b) The guardian or conservator of the victim;

(c) The personal representative of a deceased victim;and

(d) The victims advocate, but only on behalf of thevictim.

2. The authority of a victims advocate to claim theprivilege is presumed in the absence of evidence to the contrary.

(Added to NRS by 2003, 1756)

NRS 49.2549 Exceptions. There is no privilege pursuant to NRS 49.2547 if:

1. The purpose of the victim in seeking services froma victims advocate is to enable or aid any person to commit or plan to commitwhat the victim knows or reasonably should have known is a crime or fraud;

2. The communication concerns a report of abuse orneglect of a child, older person or vulnerable person in violation of NRS 200.508, 200.5093 or 200.50935, but only as to that portion ofthe communication;

3. The communication is relevant to an issue of breachof duty by the victims advocate to the victim or by the victim to the victimsadvocate; or

4. Disclosure of the communication is otherwiserequired by law.

(Added to NRS by 2003, 1756; A 2005, 1115)

OTHER OCCUPATIONAL PRIVILEGES

NRS 49.255 Confessorand confessant. A clergyman or priest shallnot, without the consent of the person making the confession, be examined as awitness as to any confession made to him in his professional character.

(Added to NRS by 1971, 785)

NRS 49.265 Committeesfor review of medical or dental care.

1. Except as otherwise provided in subsection 2:

(a) The proceedings and records of:

(1) Organized committees of hospitals, andorganized committees of organizations that provide emergency medical servicespursuant to the provisions of chapter 450Bof NRS, having the responsibility of evaluation and improvement of the qualityof care rendered by those hospitals or organizations;

(2) Review committees of medical or dentalsocieties; and

(3) Medical review committees of a county ordistrict board of health that certifies, licenses or regulates providers ofemergency medical services pursuant to the provisions of chapter 450B of NRS, but only when suchcommittees function as peer review committees,

are notsubject to discovery proceedings.

(b) No person who attends a meeting of any suchcommittee may be required to testify concerning the proceedings at the meeting.

2. The provisions of subsection 1 do not apply to:

(a) Any statement made by a person in attendance atsuch a meeting who is a party to an action or proceeding the subject of whichis reviewed at the meeting.

(b) Any statement made by a person who is requestingstaff privileges at a hospital.

(c) The proceedings of any meeting considering anaction against an insurance carrier alleging bad faith by the carrier inrefusing to accept a settlement offer within the limits of the policy.

(d) Any matter relating to the proceedings or recordsof such committees which is contained in health care records furnished inaccordance with NRS 629.061.

(Added to NRS by 1971, 785; A 1977, 1314; 1981, 1967;1987, 1188; 1989, 1506; 2005, 2518)

NRS 49.275 Newsmedia. No reporter, former reporter oreditorial employee of any newspaper, periodical or press association oremployee of any radio or television station may be required to disclose anypublished or unpublished information obtained or prepared by such person insuch persons professional capacity in gathering, receiving or processinginformation for communication to the public, or the source of any informationprocured or obtained by such person, in any legal proceedings, trial orinvestigation:

1. Before any court, grand jury, coroners inquest,jury or any officer thereof.

2. Before the Legislature or any committee thereof.

3. Before any department, agency or commission of theState.

4. Before any local governing body or committeethereof, or any officer of a local government.

(Added to NRS by 1971, 786; A 1975, 502)

NRS 49.285 Publicofficer as witness. A public officer shall notbe examined as a witness as to communications made to him in official confidence,when the public interests would suffer by the disclosure.

(Added to NRS by 1971, 786)

NRS 49.290 Counselorand pupil.

1. As used in this section, counselor means a personwho is regularly employed by a public or private school in this State as acounselor, psychologist or psychological examiner for the purpose of counselingpupils, and who holds a valid certificate issued by the Superintendent ofPublic Instruction authorizing the holder to engage in pupil counseling.

2. Except for communications relating to any criminaloffense the punishment for which is death or life imprisonment, communicationsby a pupil to a counselor in the course of counseling or psychologicalexamination are privileged communications, and a counselor shall not, withoutthe consent of the pupil, be examined as a witness concerning any suchcommunication in any civil or criminal action to which such pupil is a party.

(Added to NRS by 1973, 1840; A 1979, 1639)

NRS 49.291 Teacherand pupil.

1. As used in this section, teacher means a personwho is regularly employed by a public or private school in this State as ateacher or administrator and who holds a valid license issued by theSuperintendent of Public Instruction authorizing the holder to teach or performadministrative functions in schools.

2. Communications by a pupil to a teacher concerningthe pupils possession or use of drugs or alcoholic beverages made while theteacher was counseling or attempting to counsel the pupil are privilegedcommunications and the teacher must not, without the consent of the pupil, beexamined as a witness concerning any such communication in any civil orcriminal action to which the pupil is a party.

(Added to NRS by 1973, 1840; A 1979, 1639; 1987,1014)

MISCELLANEOUS PRIVILEGES

NRS 49.295 Husbandand wife: General rule of privilege; exceptions.

1. Except as otherwise provided in subsections 2 and 3and NRS 49.305:

(a) A husband cannot be examined as a witness for oragainst his wife without his consent, nor a wife for or against her husbandwithout her consent.

(b) Neither a husband nor a wife can be examined,during the marriage or afterwards, without the consent of the other, as to anycommunication made by one to the other during marriage.

2. The provisions of subsection 1 do not apply to a:

(a) Civil proceeding brought by or on behalf of onespouse against the other spouse;

(b) Proceeding to commit or otherwise place a spouse,the property of the spouse or both the spouse and the property of the spouseunder the control of another because of the alleged mental or physicalcondition of the spouse;

(c) Proceeding brought by or on behalf of a spouse toestablish his competence;

(d) Proceeding in the juvenile court or family courtpursuant to title 5 of NRS or NRS 432B.410to 432B.590, inclusive; or

(e) Criminal proceeding in which one spouse is chargedwith:

(1) A crime against the person or the propertyof the other spouse or of a child of either, or of a child in the custody orcontrol of either, whether the crime was committed before or during marriage.

(2) Bigamy or incest.

(3) A crime related to abandonment of a child ornonsupport of a wife or child.

3. The provisions of subsection 1 do not apply in anycriminal proceeding to events which took place before the husband and wife weremarried.

(Added to NRS by 1971, 786; A 1977, 265; 1979, 460;1985, 842, 1387; 1991, 458, 2177; 1993, 603; 2003, 593, 1115)

NRS 49.305 Husbandand wife: Exception for insanity. When ahusband or wife is insane, and has been so declared by a court of competentjurisdiction, the other shall be a competent witness to testify as to any factwhich transpired before or during such insanity, but the privilege of sotestifying shall cease when the party declared insane has been found by a courtof competent jurisdiction to be of sound mind, and the husband and wife shallthen have the testimonial limitations and privileges provided in NRS 49.295.

(Added to NRS by 1971, 786)

NRS 49.315 Politicalvote. Every person has a privilege to refuseto disclose the tenor of his vote at a political election conducted by secretballot unless the vote was cast illegally.

(Added to NRS by 1971, 787)

NRS 49.325 Tradesecrets.

1. A person has a privilege, which may be claimed byhim or his agent or employee, to refuse to disclose and to prevent otherpersons from disclosing a trade secret owned by him, if the allowance of theprivilege will not tend to conceal fraud or otherwise work injustice.

2. When disclosure is directed, the judge shall takesuch protective measure as the interests of the holder of the privilege and ofthe parties and the furtherance of justice may require.

(Added to NRS by 1971, 787)

IDENTITY OF INFORMER

NRS 49.335 Privilegeto refuse disclosure of identity of informer. TheState or a political subdivision thereof has a privilege to refuse to disclosethe identity of a person who has furnished to a law enforcement officerinformation purporting to reveal the commission of a crime.

(Added to NRS by 1971, 787)

NRS 49.345 Whomay claim. The privilege may be claimed by anappropriate representative of the State, regardless of whether the informationwas furnished to an officer of the State or a subdivision thereof. Theprivilege may be claimed by an appropriate representative of a politicalsubdivision if the information was furnished to an officer thereof.

(Added to NRS by 1971, 787)

NRS 49.355 Voluntarydisclosure; informer a witness. No privilegeexists under NRS 49.335 or 49.345 if the identity of the informer orhis interest in the subject matter of his communication has been disclosed by aholder of the privilege or by the informers own action, or if the informerappears as a witness.

(Added to NRS by 1971, 787)

NRS 49.365 Testimonyon guilt or innocence. If the state or apolitical subdivision elects not to disclose the identity of an informer andthe circumstances indicate a reasonable probability that the informer can givetestimony necessary to a fair determination of the issue of guilt or innocence,the judge shall on motion of the accused dismiss the proceedings, and he may doso on his own motion.

(Added to NRS by 1971, 787)

NRS 49.375 Legalityof obtaining evidence.

1. If information from an informer is relied upon toestablish the legality of the means by which evidence was obtained and thejudge is not satisfied that the information was received from an informerreasonably believed to be reliable, he may require the identity of the informerto be disclosed.

2. The judge may permit the disclosure to be made incamera or make any other order which justice requires. All counsel shall bepermitted to be present at every stage at which any counsel is permitted to bepresent.

3. If disclosure of the identity of the informer ismade in chambers, the record thereof shall be sealed and preserved to be madeavailable to the appellate court in the event of an appeal.

(Added to NRS by 1971, 787)

WAIVER AND COMMENT

NRS 49.385 Waiverof privilege by voluntary disclosure.

1. A person upon whom these rules confer a privilegeagainst disclosure of a confidential matter waives the privilege if he or hispredecessor while holder of the privilege voluntarily discloses or consents todisclosure of any significant part of the matter.

2. This section does not apply if the disclosure is:

(a) Itself a privileged communication; or

(b) Made to an interpreter employed merely tofacilitate communications.

(Added to NRS by 1971, 787; A 1995, 803)

NRS 49.395 Privilegedmatter disclosed under compulsion or without opportunity to claim privilege. Evidence of a statement or other disclosure of privilegedmatter is inadmissible against the holder of the privilege if the disclosurewas:

1. Compelled erroneously; or

2. Made without opportunity to claim the privilege.

(Added to NRS by 1971, 787)

NRS 49.405 Commentupon or inference from claim of privilege; instruction.

1. The claim of a privilege, whether in the presentproceeding or upon a prior occasion, is not a proper subject of comment byjudge or counsel. No inference may be drawn therefrom.

2. In jury cases, proceedings shall be conducted, tothe extent practicable, so as to facilitate the making of claims of privilegeoutside the presence of the jury.

3. Upon request, any party against whom the jury mightdraw an adverse inference from a claim of privilege is entitled to aninstruction that no inference may be drawn therefrom.

(Added to NRS by 1971, 788)

 

Disclaimer: These codes may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.