2005 Nevada Revised Statutes - Chapter 50 — Witnesses

CHAPTER 50 - WITNESSES

GENERAL PROVISIONS

NRS 50.015 Generalrule of competency.

NRS 50.025 Lackof personal knowledge.

NRS 50.035 Oathor affirmation.

NRS 50.045 Interpreters.

NRS 50.050 Interpretersfor person with disability: Definitions; appointment required in judicialproceedings; compensation.

NRS 50.051 Interpretersfor person with disability: Appointment required in criminal proceedings.

NRS 50.052 Interpretersfor person with disability: Replacement; persons ineligible for appointment;selection and approval by person with disability.

NRS 50.053 Interpretersfor person with disability: Oath; rights and privileges.

NRS 50.054 Interpretersfor persons who do not speak English: Eligibility; oath; rights and privileges.

NRS 50.055 Competency:Judge as witness.

NRS 50.065 Competency:Juror as witness.

NRS 50.067 Competency:Receipt of certain care or counseling.

NRS 50.068 Competency:Defendant who agrees to testify against another defendant pursuant to pleabargain.

NRS 50.070 Terminationor threat of termination of employment because of service as witnessprohibited; penalty; remedies.

IMPEACHMENT

NRS 50.075 Whomay impeach.

NRS 50.085 Evidenceof character and conduct of witness.

NRS 50.090 Evidenceof previous sexual conduct of victim of sexual assault or statutory sexualseduction inadmissible to challenge victims credibility; exceptions.

NRS 50.095 Impeachmentby evidence of conviction of crime.

NRS 50.105 Religiousbeliefs or opinions.

EXAMINATION OF WITNESSES

NRS 50.115 Modeand order of interrogation and presentation.

NRS 50.125 Writingused to refresh memory.

NRS 50.135 Priorstatements of witness.

NRS 50.145 Callingand interrogation of witness by judge.

NRS 50.155 Exclusionand sequestration of witnesses.

ATTENDANCE OF WITNESSES

NRS 50.165 Dutyto appear and testify.

NRS 50.175 Witnessprotected from arrest when attending, going to and returning from court orother place of attendance.

NRS 50.185 Arrestof protected witness void; liability of arresting officer; affidavit ofwitness.

NRS 50.195 Penaltiesfor disobedience.

NRS 50.205 Warrantfor arrest of witness failing to attend.

NRS 50.215 Examinationof prisoner as witness; notification of Department of Corrections required.

FEES OF WITNESSES

NRS 50.225 Feesand expenses of witnesses.

NRS 50.245 Casesfrom municipal court brought before district court.

NRS 50.255 Attorneynot allowed fee as witness.

OPINIONS AND EXPERT TESTIMONY

NRS 50.260 Prohibitedsubstance defined.

NRS 50.265 Opinions:Lay witnesses.

NRS 50.275 Testimonyby experts.

NRS 50.285 Opinions:Experts.

NRS 50.295 Opinions:Ultimate issues.

NRS 50.305 Disclosureof facts and data underlying expert opinion.

NRS 50.310 Admissibilityof affidavit or declaration of laboratory director regarding results of testperformed by medical laboratory.

NRS 50.315 Admissibilityof affidavit or declaration offered to prove certain facts concerning use ofcertain devices or withdrawal or holding of evidence related to determiningpresence of alcohol, controlled substance, chemical, poison, organic solvent oranother prohibited substance.

NRS 50.320 Admissibilityof affidavit or declaration of chemist or other expert witness regardingpresence in breath, blood or urine of alcohol, controlled substance, chemical,poison, organic solvent or another prohibited substance or regarding identityor quantity of controlled substance possessed.

NRS 50.325 Procedurefor admission of affidavit or declaration of expert or other person to proveexistence of alcohol, quantity of controlled substance or existence or identityof controlled substance, chemical, poison, organic solvent or anotherprohibited substance in prosecution of certain criminal offenses.

NRS 50.345 Experttestimony to show victims behavior or condition is consistent with behavior orcondition of victim of sexual assault.

DESIGNATION OF ATTENDANT TO PROVIDE SUPPORT TO VICTIM OF ACTOF DOMESTIC VIOLENCE

NRS 50.400 Applicabilityto proceedings in civil actions; qualifications, duties and limitations onconduct of attendant; designation of attendant as witness; victim of an act ofdomestic violence pursuant to NRS 33.018defined.

UNIFORM CHILD WITNESS TESTIMONY BY ALTERNATIVE METHODS ACT

NRS 50.500 Shorttitle.

NRS 50.510 Definitions.

NRS 50.520 Alternativemethod defined.

NRS 50.530 Childwitness defined.

NRS 50.540 Criminalproceeding defined.

NRS 50.550 Noncriminalproceeding defined.

NRS 50.560 Applicability.

NRS 50.570 Hearingto determine whether to allow testimony by alternative method.

NRS 50.580 Standardsfor determining whether child witness may testify by alternative method.

NRS 50.590 Factorsfor determining whether to permit alternative method.

NRS 50.600 Orderregarding testimony by alternative method.

NRS 50.610 Rightof party to examine child witness.

NRS 50.620 Uniformityof application and construction.

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GENERAL PROVISIONS

NRS 50.015 Generalrule of competency. Every person is competentto be a witness except as otherwise provided in this title.

(Added to NRS by 1971, 788)

NRS 50.025 Lackof personal knowledge.

1. A witness may not testify to a matter unless:

(a) Evidence is introduced sufficient to support afinding that he has personal knowledge of the matter; or

(b) He states his opinion or inference as an expert.

2. Evidence to prove personal knowledge may, but neednot, consist of the testimony of the witness himself.

(Added to NRS by 1971, 788)

NRS 50.035 Oathor affirmation.

1. Before testifying, every witness shall be requiredto declare that he will testify truthfully, by oath or affirmation administeredin a form calculated to awaken his conscience and impress his mind with hisduty to do so.

2. An affirmation is sufficient if the witness isaddressed in the following terms: You do solemnly affirm that the evidence youshall give in this issue (or matter), pending between ................ and................, shall be the truth, the whole truth, and nothing but thetruth. Assent to this affirmation shall be made by the answer, I do.

(Added to NRS by 1971, 788)

NRS 50.045 Interpreters. Interpreters are subject to the provisions of this chapterrelating to qualification as an expert.

(Added to NRS by 1971, 788; A 1979, 656)

NRS 50.050 Interpretersfor person with disability: Definitions; appointment required in judicialproceedings; compensation.

1. As used in NRS50.050 to 50.053, inclusive, unlessthe context requires otherwise:

(a) Interpreter means a person who is:

(1) Qualified to engage in the practice ofinterpreting in this State pursuant to subsection 2 of NRS 656A.100; and

(2) Readily able to communicate with a personwith a disability, translate the proceedings for him, and accurately repeat andtranslate the statements of the person with a disability to the court ormagistrate or other person presiding over the proceedings.

(b) Person with a disability means a person who,because he is deaf, mute or has a physical speaking impairment, cannot readilyunderstand or communicate in the English language or cannot understand theproceedings.

2. In all judicial proceedings in which a person witha disability appears as a witness, the court, magistrate or other personpresiding over the proceedings shall appoint an interpreter to interpret theproceedings to that person and to interpret the testimony of that person to thecourt, magistrate or other person presiding.

3. The court, magistrate or other person presidingover the proceedings shall fix a reasonable compensation for the services andexpenses of the interpreter appointed pursuant to this section. If the judicialproceeding is civil in nature, the compensation of the interpreter may be taxedas costs and must not be charged as a public expense.

4. Claims against a county, municipality, this Stateor any agency thereof for the compensation of an interpreter in a criminalproceeding or other proceeding for which an interpreter must be provided atpublic expense must be paid in the same manner as other claims against therespective entities are paid. Payment may be made only upon the certificate ofthe judge, magistrate or other person presiding over the proceedings that thequalified interpreter has performed the services required and incurred theexpenses claimed.

(Added to NRS by 1975, 308; A 1979, 656; 2001, 1774)

NRS 50.051 Interpretersfor person with disability: Appointment required in criminal proceedings. An interpreter must be appointed at public expense for aperson with a disability who is a party to or a witness in a criminalproceeding.

(Added to NRS by 1979, 656; A 2001, 1775)

NRS 50.052 Interpretersfor person with disability: Replacement; persons ineligible for appointment;selection and approval by person with disability.

1. If an interpreter appointed for a person with adisability is not effectively or accurately communicating with or on behalf ofthe person with a disability, and that fact becomes known to the person whoappointed him, another interpreter must be appointed.

2. Unless otherwise agreed upon by the parties, aperson may not be appointed as an interpreter of a person with a disability ina proceeding if he is:

(a) The spouse of the person with a disability orrelated to him; or

(b) Otherwise interested in the outcome of theproceeding or biased for or against one of the parties.

3. Whenever possible, a person with a disability mustbe given an interpreter of his choice or one of whom he approves.

(Added to NRS by 1979, 656; A 2001, 1775)

NRS 50.053 Interpretersfor person with disability: Oath; rights and privileges.

1. Before undertaking his duties, the interpretershall swear or affirm that he will make a true interpretation in anunderstandable manner to the person for whom he has been appointed, and that hewill repeat the statements of the person with a disability in the Englishlanguage to the best of his ability.

2. While in the proper performance of his duties, aninterpreter acts in the place of the person with a disability and to thatextent has all of the rights and privileges of that person for purposes of theproceeding, including access to all relevant material.

(Added to NRS by 1979, 656; A 2001, 1775)

NRS 50.054 Interpretersfor persons who do not speak English: Eligibility; oath; rights and privileges.

1. Except as otherwise provided by a regulation of thecourt administrator adopted pursuant to NRS1.510 and 1.520, a person shall notact as an interpreter in a proceeding if he is:

(a) The spouse of a witness;

(b) Otherwise related to a witness;

(c) Biased for or against one of the parties; or

(d) Otherwise interested in the outcome of theproceeding.

2. Before undertaking his duties, the interpretershall swear or affirm that he will:

(a) To the best of his ability, translate accurately tothe witness, in the language of the witness, questions and statements addressedto the witness;

(b) Make a true interpretation of the statements of thewitness in an understandable manner; and

(c) Repeat the statements of the witness in the Englishlanguage to the best of his ability.

3. While in the proper performance of his duties, aninterpreter has the same rights and privileges as the witness, including theright to examine all relevant material, but is not entitled to waive orexercise any of those rights or privileges on behalf of the witness.

4. As used in this section, interpreter means aperson who is readily able to communicate with a person who speaks a languageother than English and does not know the English language, translate theproceedings for him and accurately repeat and translate the statements of theperson in a language other than English to the court, magistrate or otherperson presiding. The term does not include an interpreter for a person with adisability as that term is defined in NRS50.050.

(Added to NRS by 1995, 803; A 2001, 1775)

NRS 50.055 Competency:Judge as witness.

1. The judge presiding at the trial shall not testifyin that trial as a witness.

2. If he is called to testify, no objection need bemade in order to preserve the point.

(Added to NRS by 1971, 788)

NRS 50.065 Competency:Juror as witness.

1. A member of the jury shall not testify as a witnessin the trial of the case in which he is sitting as a juror. If he is called totestify, the opposing party shall be afforded an opportunity to object out ofthe presence of the jury.

2. Upon an inquiry into the validity of a verdict orindictment:

(a) A juror shall not testify concerning the effect ofanything upon his or any other jurors mind or emotions as influencing him toassent to or dissent from the verdict or indictment or concerning his mentalprocesses in connection therewith.

(b) The affidavit or evidence of any statement by ajuror indicating an effect of this kind is inadmissible for any purpose.

(Added to NRS by 1971, 788)

NRS 50.067 Competency:Receipt of certain care or counseling.

1. A person is not incompetent to be a witness solelyby reason of the fact that he or a member of his family has received medical,psychiatric, or psychological care or counseling in connection with the act orevent giving rise to the proceeding.

2. Evidence relating to such care or counseling is notinadmissible by reason of this section, if otherwise admissible under theprovisions of this title.

(Added to NRS by 1987, 928)

NRS 50.068 Competency:Defendant who agrees to testify against another defendant pursuant to pleabargain.

1. A defendant is not incompetent to be a witnesssolely by reason of the fact that he enters into an agreement with theprosecuting attorney in which he agrees to testify against another defendant inexchange for a plea of guilty or nolo contendere to a lesser charge or for arecommendation of a reduced sentence.

2. The testimony of the defendant who is testifyingmay be admitted whether or not he has entered his plea or been sentenced pursuantto the agreement with the prosecuting attorney.

(Added to NRS by 1991, 292; A 1995, 2466; 2003, 1480)

NRS 50.070 Terminationor threat of termination of employment because of service as witnessprohibited; penalty; remedies.

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 witness or who has received a summons to appear as a witness in ajudicial or administrative proceeding, who deprives the witness or personsummoned of his employment, as a consequence of his service as a witness or prospectivewitness, or who asserts to the witness or person summoned that his service as awitness or prospective witness will result in termination of his employment, isguilty of a 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; and

(d) Reasonable attorneys fees fixed by the court.

(Added to NRS by 1981, 366; A 1995, 209)

IMPEACHMENT

NRS 50.075 Whomay impeach. The credibility of a witness maybe attacked by any party, including the party calling him.

(Added to NRS by 1971, 789)

NRS 50.085 Evidenceof character and conduct of witness.

1. Opinion evidence as to the character of a witnessis admissible to attack or support his credibility but subject to theselimitations:

(a) Opinions are limited to truthfulness oruntruthfulness; and

(b) Opinions of truthful character are admissible onlyafter the introduction of opinion evidence of untruthfulness or other evidenceimpugning his character for truthfulness.

2. Evidence of the reputation of a witness fortruthfulness or untruthfulness is inadmissible.

3. Specific instances of the conduct of a witness, forthe purpose of attacking or supporting his credibility, other than convictionof crime, may not be proved by extrinsic evidence. They may, however, ifrelevant to truthfulness, be inquired into on cross-examination of the witnesshimself or on cross-examination of a witness who testifies to an opinion of hischaracter for truthfulness or untruthfulness, subject to the generallimitations upon relevant evidence and the limitations upon interrogation andsubject to the provisions of NRS 50.090.

(Added to NRS by 1971, 789; A 1975, 1132)

NRS 50.090 Evidenceof previous sexual conduct of victim of sexual assault or statutory sexualseduction inadmissible to challenge victims credibility; exceptions. In any prosecution for sexual assault or statutory sexualseduction or for attempt to commit or conspiracy to commit either crime, theaccused may not present evidence of any previous sexual conduct of the victimof the crime to challenge the victims credibility as a witness unless theprosecutor has presented evidence or the victim has testified concerning suchconduct, or the absence of such conduct, in which case the scope of theaccuseds cross-examination of the victim or rebuttal must be limited to theevidence presented by the prosecutor or victim.

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

NRS 50.095 Impeachmentby evidence of conviction of crime.

1. For the purpose of attacking the credibility of awitness, evidence that he has been convicted of a crime is admissible but onlyif the crime was punishable by death or imprisonment for more than 1 year underthe law under which he was convicted.

2. Evidence of a conviction is inadmissible under thissection if a period of more than 10 years has elapsed since:

(a) The date of the release of the witness fromconfinement; or

(b) The expiration of the period of his parole,probation or sentence, whichever is the later date.

3. Evidence of a conviction is inadmissible under thissection if the conviction has been the subject of a pardon.

4. Evidence of juvenile adjudications is inadmissibleunder this section.

5. The pendency of an appeal therefrom does not renderevidence of a conviction inadmissible. Evidence of the pendency of an appeal isadmissible.

6. A certified copy of a conviction is prima facieevidence of the conviction.

(Added to NRS by 1971, 789; A 1981, 1646)

NRS 50.105 Religiousbeliefs or opinions. Evidence of the beliefsor opinions of a witness on matters of religion is inadmissible for the purposeof showing that by reason of their nature his credibility is impaired orenhanced.

(Added to NRS by 1971, 789)

EXAMINATION OF WITNESSES

NRS 50.115 Modeand order of interrogation and presentation.

1. The judge shall exercise reasonable control overthe mode and order of interrogating witnesses and presenting evidence:

(a) To make the interrogation and presentationeffective for the ascertainment of the truth;

(b) To avoid needless consumption of time; and

(c) To protect witnesses from undue harassment orembarrassment.

2. Cross-examination is limited to the subject matterof the direct examination and matters affecting the credibility of the witness,unless the judge in the exercise of discretion permits inquiry into additionalmatters as if on direct examination.

3. Except as provided in subsection 4:

(a) Leading questions may not be used on the directexamination of a witness without the permission of the court.

(b) Leading questions are permitted oncross-examination.

4. Except that the prosecution may not call theaccused in a criminal case, a party is entitled to call:

(a) An adverse party; or

(b) A witness identified with an adverse party,

andinterrogate by leading questions. The attorney for the adverse party may employleading questions in cross-examining the party or witness so called only to theextent permissible if he had called that person on direct examination.

(Added to NRS by 1971, 789; A 1979, 24)

NRS 50.125 Writingused to refresh memory.

1. If a witness uses a writing to refresh his memory,either before or while testifying, an adverse party is entitled:

(a) To have it produced at the hearing;

(b) To inspect it;

(c) To cross-examine the witness thereon; and

(d) To introduce in evidence those portions whichrelate to the testimony of the witness for the purpose of affecting hiscredibility.

2. If it is claimed that the writing contains mattersnot related to the subject matter of the testimony, the judge shall examine thewriting in chambers, excise any portions not so related, and order delivery ofthe remainder to the party entitled thereto. Any portion withheld overobjections shall be preserved and made available to the appellate court in theevent of an appeal.

3. If a writing is not produced or delivered pursuantto order under this section, the judge shall make any order which justicerequires, except that in criminal cases when the State elects not to comply,the order shall be one:

(a) Striking the testimony; or

(b) If the judge in his discretion determines that theinterests of justice so require, declaring a mistrial.

(Added to NRS by 1971, 790)

NRS 50.135 Priorstatements of witness.

1. In examining a witness concerning a prior statementmade by him, whether written or not, the statement need not be shown or itscontents disclosed to him, but on request the statement shall be shown ordisclosed to opposing counsel.

2. Extrinsic evidence of a prior contradictorystatement by a witness is inadmissible unless:

(a) The statement fulfills all the conditions requiredby subsection 3 of NRS 51.035; or

(b) The witness is afforded an opportunity to explainor deny the statement and the opposite party is afforded an opportunity tointerrogate him thereon.

(Added to NRS by 1971, 790)

NRS 50.145 Callingand interrogation of witness by judge.

1. The judge may, on his own motion or at thesuggestion of a party, call witnesses, and all parties are entitled tocross-examine witnesses thus called.

2. The judge may interrogate witnesses, whether calledby himself or by a party. The parties may object to questions so asked and toevidence thus adduced at any time prior to the submission of the cause.

(Added to NRS by 1971, 790)

NRS 50.155 Exclusionand sequestration of witnesses.

1. Except as otherwise provided in subsections 2 and3, at the request of a party the judge shall order witnesses excluded so thatthey cannot hear the testimony of other witnesses, and he may make the order ofhis own motion.

2. This section does not authorize the exclusion of:

(a) A party who is a natural person;

(b) An officer or employee of a party which is not anatural person designated as its representative by its attorney;

(c) A person whose presence is shown by a party to beessential to the presentation of his cause; or

(d) Except as otherwise provided in NRS 171.204, any of the persons listed insubsection 1 of that section.

3. A person who is called as a witness primarily for thepurpose of identifying the victim may not be excluded except in the discretionof the judge.

(Added to NRS by 1971, 790; A 1995, 72, 997; 1997,513)

ATTENDANCE OF WITNESSES

NRS 50.165 Dutyto appear and testify.

1. A witness, duly served with a subpoena, shallattend at the time appointed, with any papers under his control required by thesubpoena, to answer all pertinent and legal questions, and, unless soonerdischarged, to remain till the testimony is closed.

2. A person present in court or before a judicialofficer may be required to testify in the same manner as if he were inattendance upon a subpoena issued by such court or officer.

(Added to NRS by 1971, 791)

NRS 50.175 Witnessprotected from arrest when attending, going to and returning from court orother place of attendance. Every person whohas been, in good faith, served with a subpoena to attend as a witness before acourt, judge, commissioner, master or other person, in a case where thedisobedience of the witness may be punished as a contempt, is exonerated fromarrest in a civil action while going to the place of attendance, necessarilyremaining there, and returning therefrom.

(Added to NRS by 1971, 791)

NRS 50.185 Arrestof protected witness void; liability of arresting officer; affidavit ofwitness.

1. The arrest of a witness contrary to NRS 50.175 is void.

2. An officer is not liable to the party for makingthe arrest in ignorance of the facts creating the exoneration, but is liablefor any subsequent detention of the party, if such party claims the exemptionand makes an affidavit, stating:

(a) That he has been served with a subpoena to attendas a witness before a court, officer or other person, specifying the same, theplace of attendance and the action or proceeding in which the subpoena wasissued; and

(b) That he has not been thus served by his ownprocurement, with the intention of avoiding an arrest.

(Added to NRS by 1971, 791)

NRS 50.195 Penaltiesfor disobedience.

1. Refusal to be sworn or to answer as a witness maybe punished as a contempt by the court. In a civil action, if the person sorefusing is a party, the court may strike any pleading on his behalf, and mayenter judgment against him.

2. A witness disobeying a subpoena in a civil actionshall also forfeit to the party aggrieved the sum of $100 and all damages whichhe may sustain by the failure of the witness to attend, which forfeiture anddamages may be recovered in a civil action.

3. A witness disobeying a subpoena issued on the partof a defendant in a criminal action shall also forfeit to the defendant the sumof $100, which may be recovered in a civil action, unless good cause can beshown for his nonattendance.

(Added to NRS by 1971, 791)

NRS 50.205 Warrantfor arrest of witness failing to attend. Incase of failure of a witness to attend, the court or officer issuing thesubpoena, upon proof of the service thereof and of the failure of the witness,may issue a warrant to the sheriff of the county to arrest the witness andbring him before the court or officer where his attendance was required.

(Added to NRS by 1971, 791)

NRS 50.215 Examinationof prisoner as witness; notification of Department of Corrections required.

1. A person imprisoned in the state prison or in acounty jail may be examined as a witness in the district court pursuant to thissection. The examination may only be made on motion of a party upon affidavitshowing the nature of the action or proceeding, the testimony expected from thewitness, and its materiality.

2. In a civil action, if the witness is imprisoned inthe county where the action or proceeding is pending, his production may berequired by the court or judge. In all other cases, his examination, whenallowed, must be taken upon deposition.

3. In a criminal action, an order for that purpose maybe made by the district court or district judge, at chambers, and executed bythe sheriff of the county where the action is pending. Except as otherwiseprovided by NRS 209.274, the judge mayorder the sheriff to bring the prisoner before the court at the expense of theState or at the expense of the defendant.

4. If a person imprisoned in the state prison isrequired or requested to appear as a witness in any action, the Department ofCorrections must be notified in writing:

(a) Not less than 7 business days before the datescheduled for his appearance in court if the offender is incarcerated:

(1) In a prison located not more than 65 milesfrom Carson City;

(2) In a prison located not more than 40 milesfrom Las Vegas; or

(3) In a prison located not more than 95 milesfrom Ely.

(b) Not less than 14 business days before the datescheduled for his appearance in court if the offender is incarcerated in aprison which is located at a distance which exceeds those specified inparagraph (a).

(Added to NRS by 1971, 791; A 1995, 2596; 2001 Special Session,214)

FEES OF WITNESSES

NRS 50.225 Feesand expenses of witnesses.

1. For attending the courts of this State in anycriminal case, or civil suit or proceeding before a court of record, master,commissioner, justice of the peace, or before the grand jury, in obedience to asubpoena, each witness is entitled:

(a) To be paid a fee of $25 for each days attendance,including Sundays and holidays.

(b) Except as otherwise provided in this paragraph, tobe paid for attending a court of the county in which he resides at the rate of19 cents a mile for each mile necessarily and actually traveled from andreturning to the place of residence by the shortest and most practical route. Aboard of county commissioners may provide that, for each mile so traveled toattend a court of the county in which he resides, each witness is entitled tobe paid an amount equal to the allowance for travel by private conveyanceprovided for state officers and employees generally pursuant to subsection 3 ofNRS 281.160. If the board so provides,each witness at any other hearing or proceeding held in that county who isentitled to receive the payment for mileage specified in this paragraph must bepaid mileage in an amount equal to the allowance for travel by privateconveyance provided for state officers and employees generally pursuant tosubsection 3 of NRS 281.160.

2. In addition to the fee and payment for mileagespecified in subsection 1, a board of county commissioners may provide that,for each day of attendance in a court of the county in which he resides, eachwitness is entitled to be paid a per diem allowance in an amount equal to theper diem allowance provided for state officers and employees generally whileaway from the office and within this State pursuant to subsection 1 of NRS 281.160. If the board so provides, eachwitness at any other hearing or proceeding held in that county who is aresident of that county and who is entitled to receive the fee specified inparagraph (a) of subsection 1, must be paid, in addition to that fee, a per diemallowance in an amount equal to the per diem allowance provided in thissubsection.

3. If a witness is from without the county, or, beinga resident of another state, voluntarily appears as a witness at the request ofthe Attorney General or the district attorney and the board of countycommissioners of the county in which the court is held, he is entitled toreimbursement for the actual and necessary expenses for going to and returningfrom the place where the court is held. He is also entitled to receive the sameallowances for subsistence and lodging as are provided for state officers andemployees generally.

4. Any person in attendance at a trial who is sworn asa witness is entitled to the fees, the per diem allowance, if any, travelexpenses and any other reimbursement set forth in this section, irrespective ofthe service of a subpoena.

5. Witness fees, per diem allowances, travel expensesand other reimbursement in civil cases must be taxed as disbursement costsagainst the defeated party upon proof by affidavit that they have been actuallyincurred. Costs must not be allowed for more than two witnesses to the samefact or series of facts, and a party plaintiff or defendant must not be allowedany fees, per diem allowance, travel expenses or other reimbursement forattendance as a witness in his own behalf.

6. A person is not obligated to appear in a civilaction or proceeding unless he has been paid an amount equal to 1 days fees,the per diem allowance provided by the board pursuant to subsection 2, if any,and the travel expenses reimbursable pursuant to this section.

(Added to NRS by 1971, 792; A 1975, 1422; 1977, 776;1981, 367; 1987, 549; 1993, 920; 1995, 105)

NRS 50.245 Casesfrom municipal court brought before district court. Wherecriminal or quasi-criminal cases originating in the municipal court of an incorporatedcity are brought before the district court, the county clerk shall give astatement of the amounts due to witnesses to the district judge, who shall,upon approval thereof, by an order subscribed by him, direct the city treasurerto pay the amounts due. Upon the production of the order, or a certified copythereof, the city treasurer shall pay the sum specified therein out of any fundin the city treasury not otherwise specially appropriated or set apart. It isnot necessary for such an order to be otherwise audited or approved.

(Added to NRS by 1971, 792; A 1987, 550, 1717)

NRS 50.255 Attorneynot allowed fee as witness. No attorney orcounselor at law, in any case, shall be allowed any fees for attending as awitness in such case.

(Added to NRS by 1971, 793)

OPINIONS AND EXPERT TESTIMONY

NRS 50.260 Prohibitedsubstance defined. As used in NRS 50.260 to 50.345, inclusive, unless the contextotherwise requires, prohibited substance has the meaning ascribed to it in NRS 484.1245.

(Added to NRS by 1999, 3400)

NRS 50.265 Opinions:Lay witnesses. If the witness is nottestifying as an expert, his testimony in the form of opinions or inferences islimited to those opinions or inferences which are:

1. Rationally based on the perception of the witness;and

2. Helpful to a clear understanding of his testimonyor the determination of a fact in issue.

(Added to NRS by 1971, 793)

NRS 50.275 Testimonyby experts. If scientific, technical or otherspecialized knowledge will assist the trier of fact to understand the evidenceor to determine a fact in issue, a witness qualified as an expert by specialknowledge, skill, experience, training or education may testify to matterswithin the scope of such knowledge.

(Added to NRS by 1971, 793)

NRS 50.285 Opinions:Experts.

1. The facts or data in the particular case upon whichan expert bases an opinion or inference may be those perceived by or made knownto him at or before the hearing.

2. If of a type reasonably relied upon by experts informing opinions or inferences upon the subject, the facts or data need not beadmissible in evidence.

(Added to NRS by 1971, 793)

NRS 50.295 Opinions:Ultimate issues. Testimony in the form of anopinion or inference otherwise admissible is not objectionable because itembraces an ultimate issue to be decided by the trier of fact.

(Added to NRS by 1971, 793)

NRS 50.305 Disclosureof facts and data underlying expert opinion. Theexpert may testify in terms of opinion or inference and give his reasonstherefor without prior disclosure of the underlying facts or data, unless thejudge requires otherwise. The expert may in any event be required to disclosethe underlying facts or data on cross-examination.

(Added to NRS by 1971, 793)

NRS 50.310 Admissibilityof affidavit or declaration of laboratory director regarding results of testperformed by medical laboratory.

1. The affidavit or declaration of a laboratorydirector who has qualified in the district court of any county as an expertwitness to testify regarding the results of a test of a medical laboratory isadmissible in evidence in any civil, criminal or administrative proceeding toprove:

(a) That the affiant or declarant is a laboratorydirector.

(b) The results of a test that the medical laboratoryis licensed to conduct and which is conducted by the medical laboratory ofwhich the affiant or declarant is the laboratory director.

Theaffidavit or declaration must contain the evidentiary foundation upon which theresults of the test are based, including the description of the test, thepersonnel involved and the controls employed in conducting the test.

2. As used in this section:

(a) Laboratory director has the meaning ascribed toit in NRS 652.050.

(b) Medical laboratory has the meaning ascribed to itin NRS 652.060.

(Added to NRS by 1993, 248; A 1997, 1418)

NRS 50.315 Admissibilityof affidavit or declaration offered to prove certain facts concerning use ofcertain devices or withdrawal or holding of evidence related to determiningpresence of alcohol, controlled substance, chemical, poison, organic solvent oranother prohibited substance.

1. The affidavit or declaration of a person isadmissible in evidence in any grand jury hearing, preliminary hearing oradministrative proceeding to prove:

(a) That the affiant or declarant has been certified bythe Director of the Department of Public Safety as being competent to operatedevices of a type certified by the Committee on Testing for Intoxication asaccurate and reliable for testing a persons breath to determine theconcentration of alcohol in his breath;

(b) The identity of a person from whom the affiant ordeclarant obtained a sample of breath; and

(c) That the affiant or declarant tested the sampleusing a device of a type so certified and that the device was functioningproperly.

2. The affidavit or declaration of a person whoprepared a chemical solution or gas that has been used in calibrating a devicefor testing anothers breath to determine the concentration of alcohol in hisbreath is admissible in evidence in any grand jury hearing, preliminary hearingor administrative proceeding to prove:

(a) The occupation of the affiant or declarant; and

(b) That the solution or gas has the chemicalcomposition necessary for accurately calibrating it.

3. The affidavit or declaration of a person whocalibrates a device for testing anothers breath to determine the concentrationof alcohol in his breath is admissible in evidence in any grand jury hearing,preliminary hearing or administrative proceeding to prove:

(a) The occupation of the affiant or declarant;

(b) That on a specified date the affiant or declarantcalibrated the device at a named law enforcement agency by using the proceduresand equipment prescribed in the regulations of the Committee on Testing forIntoxication;

(c) That the calibration was performed within theperiod required by the Committees regulations; and

(d) Upon completing the calibration of the device, itwas operating properly.

4. The affidavit or declaration made under the penaltyof perjury of a person who withdraws a sample of blood from another foranalysis by an expert as set forth in NRS50.320 is admissible in any grand jury hearing, preliminary hearing or administrativeproceeding to prove:

(a) The occupation of the affiant or declarant;

(b) The identity of the person from whom the affiant ordeclarant withdrew the sample;

(c) The fact that the affiant or declarant kept thesample in his sole custody or control and in substantially the same conditionas when he first obtained it until delivering it to another; and

(d) The identity of the person to whom the affiant ordeclarant delivered it.

5. The affidavit or declaration of a person whoreceives from another a sample of blood or urine or other tangible evidencethat is alleged to contain alcohol or a controlled substance, chemical, poison,organic solvent or another prohibited substance may be admitted in any grandjury hearing, preliminary hearing or civil or administrative proceeding toprove:

(a) The occupation of the affiant or declarant;

(b) The fact that the affiant or declarant received asample or other evidence from another person and kept it in his sole custody orcontrol in substantially the same condition as when he first received it untildelivering it to another; and

(c) The identity of the person to whom the affiant ordeclarant delivered it.

6. The Committee on Testing for Intoxication shalladopt regulations prescribing the form of the affidavits and declarationsdescribed in this section.

(Added to NRS by 1971, 929, 2048; A 1973, 891; 1975,647; 1983, 1084, 1914; 1985, 1972; 1987, 798, 1544, 1579; 1989, 77; 1993, 84,2079; 1995, 2712; 1997, 1419; 1999, 2468, 3400; 2001, 172, 2555; 2005, 2044)

NRS 50.320 Admissibilityof affidavit or declaration of chemist or other expert witness regardingpresence in breath, blood or urine of alcohol, controlled substance, chemical,poison, organic solvent or another prohibited substance or regarding identityor quantity of controlled substance possessed.

1. The affidavit or declaration of a chemist and anyother person who has qualified in the district court of any county to testifyas an expert witness regarding the presence in the breath, blood or urine of aperson of alcohol, a controlled substance, or a chemical, poison, organicsolvent or another prohibited substance, or the identity or quantity of acontrolled substance alleged to have been in the possession of a person, whichis submitted to prove:

(a) The quantity of the purported controlled substance;or

(b) The concentration of alcohol or the presence orabsence of a controlled substance, chemical, poison, organic solvent or anotherprohibited substance, as the case may be,

isadmissible in the manner provided in this section.

2. An affidavit or declaration which is submitted toprove any fact set forth in subsection 1 must be admitted into evidence whensubmitted during any administrative proceeding, preliminary hearing or hearingbefore a grand jury. The court shall not sustain any objection to the admissionof such an affidavit or declaration.

3. The Committee on Testing for Intoxication shalladopt regulations prescribing the form of the affidavits and declarationsdescribed in this section.

(Added to NRS by 1995, 2712; A 1997, 1420; 1999, 443, 2469, 3402; 2001, 172; 2005, 2046)

NRS 50.325 Procedurefor admission of affidavit or declaration of expert or other person to proveexistence of alcohol, quantity of controlled substance or existence or identityof controlled substance, chemical, poison, organic solvent or anotherprohibited substance in prosecution of certain criminal offenses.

1. If a person is charged with an offense listed insubsection 4, and it is necessary to prove:

(a) The existence of any alcohol;

(b) The quantity of a controlled substance; or

(c) The existence or identity of a controlledsubstance, chemical, poison, organic solvent or another prohibited substance,

theprosecuting attorney may request that the affidavit or declaration of an expertor other person described in NRS 50.315and 50.320 be admitted into evidence atthe preliminary hearing or hearing before a grand jury concerning the offense.

2. The affidavit or declaration must be admitted intoevidence upon submission.

3. The provisions of this section do not prohibiteither party from producing any witness to offer testimony at a preliminaryhearing or hearing before a grand jury.

4. The provisions of this section apply to any of thefollowing offenses:

(a) An offense punishable pursuant to NRS 202.257, 455A.170, 455B.080, 493.130 or 639.283.

(b) An offense punishable pursuant to chapter 453, 484or 488 of NRS.

(c) A homicide resulting from driving, operating orbeing in actual physical control of a vehicle or a vessel under power or sailwhile under the influence of intoxicating liquor or a controlled substance orresulting from any other conduct prohibited by NRS 484.379, 484.3795, 484.37955, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425.

(d) Any other offense for which it is necessary toprove, as an element of the offense:

(1) The existence of any alcohol;

(2) The quantity of a controlled substance; or

(3) The existence or identity of a controlledsubstance, chemical, poison, organic solvent or another prohibited substance.

(Added to NRS by 1971, 929; A 1973, 891; 1975, 648;1983, 111, 1084, 1916; 1987, 302, 765, 1546, 1575; 1989, 78, 1908; 1993, 85;1995, 2714; 1997, 332; 1999,3402; 2005, 161,2046)

NRS 50.345 Experttestimony to show victims behavior or condition is consistent with behavior orcondition of victim of sexual assault. In anyprosecution for sexual assault, expert testimony is not inadmissible to showthat the victims behavior or mental or physical condition is consistent withthe behavior or condition of a victim of sexual assault.

(Added to NRS by 1985, 843)

DESIGNATION OF ATTENDANT TO PROVIDE SUPPORT TO VICTIM OFACT OF DOMESTIC VIOLENCE

NRS 50.400 Applicabilityto proceedings in civil actions; qualifications, duties and limitations onconduct of attendant; designation of attendant as witness; victim of an act ofdomestic violence pursuant to NRS 33.018 defined.

1. In any civil action involving a victim of an act ofdomestic violence pursuant to NRS 33.018,the victim may designate a person to act as an attendant during any proceedingto provide support to the victim.

2. The victim may designate any person to act as anattendant.

3. An attendant:

(a) Is not required to possess or obtain any specialqualifications, such as certification or training, to serve as an attendantpursuant to this section.

(b) Shall be available to provide moral and emotionalsupport to the victim.

(c) Shall be available to assist the victim in feelingmore confident that the victim will not be injured or threatened at any timeduring any proceeding.

(d) Unless otherwise ordered by the court, must beallowed to be present in close proximity to the victim during any proceeding.

4. Unless the attendant is an attorney licensed orotherwise authorized to practice in this State, the attendant shall not provideany legal advice to the victim. Any action taken by the attendant in accordancewith this section shall be deemed not to constitute the unauthorized practiceof law pursuant to NRS 7.285.

5. The attendant may be designated by a party as awitness and must not be excluded from the proceedings. If a party designatesthe attendant as a witness, the attendant must be examined and cross-examinedbefore any other witness testifies.

6. For the purposes of this section, victim of an actof domestic violence pursuant to NRS 33.018includes any person who alleges that he is a victim of an act of domesticviolence pursuant to NRS 33.018,regardless of whether or not the alleged perpetrator of the act of domesticviolence has been charged with or convicted of any criminal offense related tothat act.

(Added to NRS by 2003, 542)

UNIFORM CHILD WITNESS TESTIMONY BY ALTERNATIVE METHODS ACT

NRS 50.500 Shorttitle. The provisions of NRS 50.500 to 50.620, inclusive, may be cited as theUniform Child Witness Testimony by Alternative Methods Act.

(Added to NRS by 2003, 988)

NRS 50.510 Definitions. As used in NRS 50.500to 50.620, inclusive, unless the contextotherwise requires, the words and terms defined in NRS 50.520 to 50.550, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 2003, 988)

NRS 50.520 Alternativemethod defined. Alternative method means amethod by which a child witness testifies which does not include all of thefollowing:

1. Having the child testify in person in an openforum;

2. Having the child testify in the presence and fullview of the finder of fact and presiding officer; and

3. Allowing all of the parties to be present, toparticipate and to view and be viewed by the child.

(Added to NRS by 2003, 988)

NRS 50.530 Childwitness defined. Child witness means achild under the age of 14 years who has been or will be called to testify in aproceeding.

(Added to NRS by 2003, 988)

NRS 50.540 Criminalproceeding defined. Criminal proceedingmeans:

1. A trial or hearing before a court in a prosecutionof a person charged with violating a criminal law of this State; or

2. A delinquency proceeding which is conductedpursuant to title 5 of NRS.

(Added to NRS by 2003, 988)

NRS 50.550 Noncriminalproceeding defined. Noncriminal proceedingmeans a trial or hearing before a court or an administrative agency of thisState having judicial or quasi-judicial powers, other than a criminal proceeding.

(Added to NRS by 2003, 988)

NRS 50.560 Applicability.

1. The provisions of NRS50.500 to 50.620, inclusive, applyto the testimony of a child witness in a criminal or noncriminal proceeding.

2. The provisions of NRS50.500 to 50.620, inclusive, do notpreclude:

(a) In a noncriminal proceeding, any other procedurepermitted by law for a child witness to testify; or

(b) In a delinquency proceeding which is conductedpursuant to title 5 of NRS, testimony by a child witness in a closed forum asauthorized by NRS 62D.010.

(Added to NRS by 2003, 988)

NRS 50.570 Hearingto determine whether to allow testimony by alternative method.

1. The presiding officer in a criminal or noncriminalproceeding:

(a) May order a hearing to determine whether to allow achild witness to testify by an alternative method.

(b) For good cause shown, shall order the hearing uponmotion of a party, a child witness, or a natural person determined by thepresiding officer to have sufficient standing to act on behalf of the child.

2. A hearing to determine whether to allow a childwitness to testify by an alternative method must be conducted on the recordafter reasonable notice to all parties, any nonparty movant, and any otherperson the presiding officer specifies. The childs presence is not required atthe hearing unless ordered by the presiding officer. In conducting the hearing,the presiding officer is not bound by rules of evidence except the rules ofprivilege.

(Added to NRS by 2003, 988)

NRS 50.580 Standardsfor determining whether child witness may testify by alternative method.

1. In a criminal proceeding, the presiding officer mayallow a child witness to testify by an alternative method only in the followingsituations:

(a) The child may testify otherwise than in an openforum in the presence and full view of the finder of fact if the presidingofficer finds by clear and convincing evidence that the child would sufferserious emotional trauma that would substantially impair the childs ability tocommunicate with the finder of fact if required to testify in the open forum.

(b) The child may testify other than face-to-face withthe defendant if the presiding officer finds by clear and convincing evidencethat the child would suffer serious emotional trauma that would substantiallyimpair the childs ability to communicate with the finder of fact if requiredto be confronted face-to-face by the defendant.

2. In a noncriminal proceeding, the presiding officermay allow a child witness to testify by an alternative method if the presidingofficer finds by a preponderance of the evidence that allowing the child totestify by an alternative method is necessary to serve the best interests ofthe child or enable the child to communicate with the finder of fact. In makingthis finding, the presiding officer shall consider:

(a) The nature of the proceeding;

(b) The age and maturity of the child;

(c) The relationship of the child to the parties in theproceeding;

(d) The nature and degree of emotional trauma that thechild may suffer in testifying; and

(e) Any other relevant factor.

(Added to NRS by 2003, 989)

NRS 50.590 Factorsfor determining whether to permit alternative method. Ifthe presiding officer determines that a standard pursuant to NRS 50.580 has been met, the presidingofficer shall determine whether to allow a child witness to testify by analternative method. In making this determination, the presiding officer shallconsider:

1. Alternative methods reasonably available;

2. Available means for protecting the interests of orreducing emotional trauma to the child without resorting to an alternativemethod;

3. The nature of the case;

4. The relative rights of the parties;

5. The importance of the proposed testimony of thechild;

6. The nature and degree of emotional trauma that thechild may suffer if an alternative method is not used; and

7. Any other relevant factor.

(Added to NRS by 2003, 989)

NRS 50.600 Orderregarding testimony by alternative method.

1. An order allowing or disallowing a child witness totestify by an alternative method must state the findings of fact andconclusions of law that support the presiding officers determination.

2. An order allowing a child witness to testify by analternative method must:

(a) State the method by which the child is to testify;

(b) List any natural person or category of naturalperson allowed to be in, or required to be excluded from, the presence of thechild during the testimony;

(c) State any special conditions necessary tofacilitate a partys right to examine or cross-examine the child;

(d) State any condition or limitation upon theparticipation of natural persons present during the testimony of the child; and

(e) State any other condition necessary for taking orpresenting the testimony.

3. The alternative method ordered by the presidingofficer may be no more restrictive of the rights of the parties than isnecessary under the circumstances to serve the purposes of the order.

(Added to NRS by 2003, 989)

NRS 50.610 Rightof party to examine child witness. Analternative method ordered by the presiding officer must permit a full and fairopportunity for examination or cross-examination of the child witness by eachparty.

(Added to NRS by 2003, 990)

NRS 50.620 Uniformityof application and construction. In applyingand construing the Uniform Child Witness Testimony by Alternative Methods Act,consideration must be given to the need to promote uniformity of the law withrespect to its subject matter among states that enact it.

(Added to NRS by 2003, 990)

 

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