2005 Nevada Revised Statutes - Chapter 52 — Documentary and Other Physical Evidence

CHAPTER 52 - DOCUMENTARY AND OTHER PHYSICALEVIDENCE

AUTHENTICATION AND IDENTIFICATION

NRS 52.015 Authenticationor identification required.

NRS 52.025 Testimonyof witness with knowledge.

NRS 52.035 Handwriting:Nonexpert opinion.

NRS 52.045 Handwriting:Comparison by trier or expert witness.

NRS 52.055 Handwriting:Distinctive characteristics.

NRS 52.065 Identificationby voice.

NRS 52.075 Telephonecalls.

NRS 52.085 Publicrecords and reports.

NRS 52.095 Ancientdocuments; compilations of data.

NRS 52.105 Processor system.

PRESUMPTIONS OF AUTHENTICITY

NRS 52.115 Foreignpublic documents.

NRS 52.125 Certifiedcopies of public records.

NRS 52.135 Officialpublications.

NRS 52.145 Newspapers;periodicals.

NRS 52.155 Tradeinscriptions, signs, tags and labels.

NRS 52.165 Acknowledgeddocuments.

NRS 52.175 Subscribingwitness testimony unnecessary.

CONTENTS OF WRITINGS, RECORDINGS AND PHOTOGRAPHS

NRS 52.185 Definitions.

NRS 52.195 Duplicatedefined.

NRS 52.205 Originaldefined.

NRS 52.215 Photographsdefined.

NRS 52.225 Writingsand recordings defined.

NRS 52.235 Originalrequired.

NRS 52.245 Admissibilityof duplicates.

NRS 52.247 Admissibilityof rerecorded, copied or reproduced records; certain records of governmentalagency deemed public records.

NRS 52.252 Admissibilityof copy or transcript of recordings of telephone calls made through systemproviding telephone number to be used in emergency.

NRS 52.255 Admissibilityof other evidence of contents.

NRS 52.260 Recordmade in course of regularly conducted activity; affidavit required.

NRS 52.265 Publicrecords.

NRS 52.275 Summaries.

NRS 52.285 Testimonyor written admission of party.

NRS 52.295 Functionsof judge and jury.

EXECUTION OF WRITINGS

NRS 52.305 Marksinstead of signatures; witnesses.

NRS 52.315 Sealunnecessary.

MEDICAL RECORDS

NRS 52.320 Definitions.

NRS 52.325 Subpoenaedrecords: Delivery of authenticated copy by custodian; order for return ofrecord; form of affidavit of authentication.

NRS 52.335 Copiesdelivered to clerk of court: Custody; maintenance; return.

NRS 52.345 Noticeof delivery to clerk of court.

NRS 52.355 Orderfor production of original documents; appearance by custodian.

NRS 52.365 Useof copies in discovery proceedings.

NRS 52.375 Feesfor subpoenas; admissibility of medical records.

DISPOSAL OF PHYSICAL EVIDENCE BEFORE CRIMINAL TRIAL

NRS 52.385 Propertyevidencing crime: Return to person entitled to possession; admissibility ofphotographs in lieu of property; disposal of property not returned.

NRS 52.395 Controlledsubstances, dangerous drugs and immediate precursors: Procedure for destructionof unnecessary quantity seized as evidence; disposal of hazardous waste.

RECORDS OF CASINOS AND HOTELS

NRS 52.405 Definitions.

NRS 52.415 Authenticationof copies.

NRS 52.425 Subpoenaedrecords: Delivery of authenticated copy by custodian; notice and availabilityupon receipt; preservation.

NRS 52.435 Orderfor production of original record; appearance by custodian.

RECORDS OF BANKING AND FINANCIAL INSTITUTIONS

NRS 52.450 Definitions.

NRS 52.460 Authenticationof copies; form and contents of affidavit.

NRS 52.470 Subpoenaedrecords: Delivery of authenticated copy by custodian; notice and availabilityupon receipt; preservation.

NRS 52.480 Orderfor production of original record; appearance by custodian.

MISCELLANEOUS EVIDENCE

NRS 52.500 Evidencedescribing measurements of hazardous waste or hazardous material.

_________

AUTHENTICATION AND IDENTIFICATION

NRS 52.015 Authenticationor identification required.

1. The requirement of authentication or identificationas a condition precedent to admissibility is satisfied by evidence or othershowing sufficient to support a finding that the matter in question is what itsproponent claims.

2. The provisions of NRS52.025 to 52.105, inclusive, areillustrative and not restrictive examples of authentication or identificationwhich conform to the requirements of this section.

3. Every authentication or identification isrebuttable by evidence or other showing sufficient to support a contraryfinding.

(Added to NRS by 1971, 798)

NRS 52.025 Testimonyof witness with knowledge. The testimony of awitness is sufficient for authentication or identification if he has personalknowledge that a matter is what it is claimed to be.

(Added to NRS by 1971, 798)

NRS 52.035 Handwriting:Nonexpert opinion. Nonexpert opinion as to thegenuineness of handwriting is sufficient for authentication or identificationif it is based upon familiarity not acquired for purposes of the litigation.

(Added to NRS by 1971, 798)

NRS 52.045 Handwriting:Comparison by trier or expert witness. Comparisonby the trier of fact or by expert witnesses with specimens which have beenauthenticated is sufficient for authentication.

(Added to NRS by 1971, 798)

NRS 52.055 Handwriting:Distinctive characteristics. Appearance, contents,substance, internal patterns or other distinctive characteristics aresufficient for authentication when taken in conjunction with circumstances.

(Added to NRS by 1971, 798)

NRS 52.065 Identificationby voice. A voice, whether heard firsthand orthrough mechanical or electronic transmission or recording, is sufficientlyidentified by opinion based upon hearing the voice at any time undercircumstances connecting it with the alleged speaker.

(Added to NRS by 1971, 799)

NRS 52.075 Telephonecalls. A telephone conversation issufficiently authenticated by evidence that a call was made to the numbersupplied by the telephone company for the person in question if:

1. The call was to a place of business and theconversation related to business reasonably transacted over the telephone; or

2. Circumstances, including self-identification, showthe person answering to be the one called.

(Added to NRS by 1971, 799)

NRS 52.085 Publicrecords and reports. Evidence that:

1. A writing authorized by law to be recorded or filedand in fact recorded or filed in a public office; or

2. A purported public record, report, statement ordata compilation, in any form,

is from thepublic office where items of this nature are kept is sufficient to authenticatethe writing, record, report, statement or compilation.

(Added to NRS by 1971, 799)

NRS 52.095 Ancientdocuments; compilations of data. Evidence thata document or data compilation, in any form:

1. Is in such condition as to create no suspicionconcerning its authenticity;

2. Was in a place where it, if authentic, would likelybe; and

3. Is at least 20 years old at the time it is offered,is sufficient to authenticate the document or compilation.

(Added to NRS by 1971, 799)

NRS 52.105 Processor system. Evidence describing a process orsystem used to produce a result and showing that the result is accurate issufficient to authenticate the result.

(Added to NRS by 1971, 799)

PRESUMPTIONS OF AUTHENTICITY

NRS 52.115 Foreignpublic documents.

1. A document purporting to be executed or attested inhis official capacity by a person authorized by the laws of a foreign countryto make the execution or attestation is presumed to be authentic if it isaccompanied by a final certification as to the genuineness of the signature andofficial position:

(a) Of the executing or attesting person; or

(b) Of any foreign official whose certificate ofgenuineness of signature and official position relates to the execution orattestation or is in a chain of certificates of genuineness of signature andofficial position relating to the execution or attestation.

2. A final certification may be made by a secretary ofembassy or legation, consul general, consul, vice consul or consular agent ofthe United States, or a diplomatic or consular official of the foreign countryassigned or accredited to the United States.

3. If reasonable opportunity has been given to allparties to investigate the authenticity and accuracy of an official documentthe court may, for good cause shown, order that it be treated as presumptivelyauthentic without final certification or permit it to be evidenced by anattested summary with or without final certification.

(Added to NRS by 1971, 799)

NRS 52.125 Certifiedcopies of public records.

1. A copy of an official record or report or entrytherein, or of a document authorized by law to be recorded or filed andactually recorded or filed in a public office, including data compilations inany form, is presumed to be authentic if it is certified as correct by thecustodian or other person authorized to make the certification.

2. As used in subsection 1, the term official recordshall include but not be limited to fingerprint classification cards kept bylaw enforcement agencies of the Federal Government, the State of Nevada or anyother state.

(Added to NRS by 1971, 799; A 1973, 801)

NRS 52.135 Officialpublications. Books, pamphlets or otherpublications purporting to be issued by public authority are presumed to beauthentic.

(Added to NRS by 1971, 800)

NRS 52.145 Newspapers;periodicals. Printed materials purporting tobe newspapers or periodicals are presumed to be authentic.

(Added to NRS by 1971, 800)

NRS 52.155 Tradeinscriptions, signs, tags and labels. Inscriptions,signs, tags or labels purporting to have been affixed in the course of businessand indicating ownership, control or origin are presumed to be authentic.

(Added to NRS by 1971, 800)

NRS 52.165 Acknowledgeddocuments. Documents accompanied by a certificateof acknowledgment of a notary public or officer authorized by law to takeacknowledgments are presumed to be authentic.

(Added to NRS by 1971, 800)

NRS 52.175 Subscribingwitness testimony unnecessary. The testimonyof a subscribing witness is not necessary to authenticate a writing unlessrequired by the laws of the jurisdiction whose laws govern the validity of thewriting.

(Added to NRS by 1971, 800)

CONTENTS OF WRITINGS, RECORDINGS AND PHOTOGRAPHS

NRS 52.185 Definitions. As used in NRS 52.185to 52.295, inclusive, unless the contextotherwise requires, the words defined in NRS52.195 to 52.225, inclusive, havethe meanings ascribed to them in NRS 52.195to 52.225, inclusive.

(Added to NRS by 1971, 800)

NRS 52.195 Duplicatedefined. Duplicate means a counterpart produced:

1. By the same impression as the original;

2. From the same matrix;

3. By means of photography, including enlargements andminiatures;

4. By mechanical or electronic rerecording, includinga counterpart produced by an optical imaging system;

5. By chemical reproduction; or

6. By other equivalent technique designed to ensure anaccurate reproduction of the original.

(Added to NRS by 1971, 800; A 1995, 136)

NRS 52.205 Originaldefined.

1. An original of a writing or recording is thewriting or recording itself or any counterpart intended to have the same effectby a person executing or issuing it.

2. An original of a photograph includes the negativeor any print therefrom.

3. If data are stored in a computer or similar device,any printout or other output readable by sight, shown accurately to reflect thedata, is an original.

(Added to NRS by 1971, 800)

NRS 52.215 Photographsdefined. Photographs include still photographs,X rays and motion pictures.

(Added to NRS by 1971, 800)

NRS 52.225 Writingsand recordings defined. Writings and recordingsconsist of letters, words or numbers, or their equivalent, set down byhandwriting, typewriting, printing, photostating, photographing, magneticimpulse, mechanical or electronic recording, or other form of data compilation.

(Added to NRS by 1971, 800)

NRS 52.235 Originalrequired. To prove the content of a writing,recording or photograph, the original writing, recording or photograph isrequired, except as otherwise provided in this title.

(Added to NRS by 1971, 800)

NRS 52.245 Admissibilityof duplicates.

1. In addition to the situations governed bysubsection 2, a duplicate is admissible to the same extent as an originalunless:

(a) A genuine question is raised as to the authenticityof the original; or

(b) In the circumstances it would be unfair to admitthe duplicate in lieu of the original.

2. Except as otherwise provided in NRS 52.247, a duplicate is admissible tothe same extent as an original if the person or office having custody of theoriginal was authorized to destroy the original after preparing a duplicate,and in fact did so.

(Added to NRS by 1971, 800; A 1995, 182)

NRS 52.247 Admissibilityof rerecorded, copied or reproduced records; certain records of governmentalagency deemed public records.

1. Unless held in a fiduciary or custodial capacity orunless specifically prohibited by a federal or state statute or regulation, bya local ordinance or by an order or judgment of a court of competentjurisdiction, if any business or governmental agency has, in the regular courseof its business:

(a) Produced, kept or maintained any document,memorandum, writing, entry, print or other record of any act, transaction,occurrence or event relating to the conduct of its business; and

(b) Caused any of those records to be rerecorded,copied or reproduced by any photographic, photostatic or other process whichensures an accurate reproduction or creates a reliable medium for reproducingthe original of any of those records,

the businessor governmental agency may, in the regular course of its business, destroy anyof those records.

2. Any rerecorded, copied or reproduced recordspecified in subsection 1 is admissible to the same extent as an original,regardless of whether the original is available for inspection or has been lostor destroyed, if the rerecorded, copied or reproduced record is sufficientlyauthenticated.

3. An enlargement or facsimile of a rerecorded, copiedor reproduced record specified in subsection 2 is admissible to the same extentas an original if:

(a) The record has not been lost or destroyed; and

(b) It is available for inspection by the court.

The introductionof an enlargement or facsimile of a record pursuant to the provisions of thissubsection does not prohibit the admission of the original of that record.

4. If a governmental agency destroys any of itsrecords and causes those records to be recorded, copied or reproduced pursuantto subsection 1:

(a) The recorded, copied or reproduced record shall bedeemed a public record for the purposes of chapter239 of NRS; and

(b) The governmental agency shall render suchassistance as is necessary to allow any member of the public access to therecorded, copied or reproduced record if the record is not otherwise declaredby law to be confidential.

5. As used in this section, business means anyproprietorship, including any member of a profession licensed pursuant to title54 of NRS, corporation, partnership, association, trust, unincorporatedorganization or other enterprise doing business in this State.

(Added to NRS by 1995, 181)

NRS 52.252 Admissibilityof copy or transcript of recordings of telephone calls made through systemproviding telephone number to be used in emergency. Thecontent of recordings of telephone calls made through a system established toprovide a telephone number to be used in an emergency, if otherwise admissible,may be proved by a copy or transcript of the recording which is authenticatedby a custodian of the records of the system in a signed affidavit. Thecustodian must verify in the affidavit that the copy or transcript is a trueand complete reproduction of the original recording and that the originalrecording was made at the time of the telephone call and in the course of aregularly conducted activity.

(Added to NRS by 1995, 903)

NRS 52.255 Admissibilityof other evidence of contents. Except as otherwiseprovided in NRS 52.247, the original isnot required, and other evidence of the contents of a writing, recording orphotograph is admissible, if:

1. All originals are lost or have been destroyed,unless the loss or destruction resulted from the fraudulent act of theproponent;

2. No original can be obtained by any availablejudicial process or procedure;

3. At a time when an original was under the control ofthe party against whom offered, he was put on notice, by the pleadings orotherwise, that the contents would be a subject of proof at the hearing, and hedoes not produce the original at the hearing; or

4. The writing, recording or photograph is not closelyrelated to a controlling issue.

(Added to NRS by 1971, 801; A 1995, 182; 1997, 1593)

NRS 52.260 Recordmade in course of regularly conducted activity; affidavit required.

1. The contents of a record made in the course of aregularly conducted activity in accordance with NRS 51.135, if otherwise admissible, may beproved by the original or a copy of the record which is authenticated by a custodianof the record or another qualified person in a signed affidavit.

2. The custodian of the record or other qualifiedperson must verify in the affidavit that the record was made:

(a) At or near the time of the act, event, condition,opinion or diagnosis concerning which the information was recorded, by or frominformation transmitted by a person with knowledge of the act or event; and

(b) In the course of the regularly conducted activity.

3. The affidavit required by subsection 2 must be insubstantially the following form:

 

CERTIFICATE OFCUSTODIAN OF RECORDS

 

State of Nevada }

}ss.

County of............................................................. }

 

NOW COMES ................................, who afterfirst being duly sworn deposes and says:

1. That the deponent is the ................ (positionor title) ................ of ............... (name of employer) ................and in his capacity as .............. (position or title) ................ is acustodian of the records of ............. (name of employer) ................

2. That ................. (name of employer)................ is licensed to do business as a ................... in theState of ................

3. That on the ....... day of the month of ....... ofthe year ......., the deponent was served with a subpoena in connection withthe above-entitled cause, calling for the production of records pertaining to ....................................

.......................................................................................................................................................

.......................................................................................................................................................

4. That the deponent has examined the original ofthose records and has made or caused to be made a true and exact copy of themand that the reproduction of them attached hereto is true and complete.

5. That the original of those records was made at ornear the time of the act, event, condition, opinion or diagnosis recitedtherein by or from information transmitted by a person with knowledge, in thecourse of a regularly conducted activity of the deponent or ............ (nameof employer) ................

...............................................................................

 

Subscribed and sworn to before me, a Notary Public, on this....... day of the month of ....... of the year .......

.......................................................................................................................................................

Notary Public ................ County, Nevada

My appointment expires:...........................................................................................................

 

4. A party intending to offer an affidavit pursuant tothis section must serve on the other parties a notice of the intent and makeavailable for inspection or copying the records of the regularly conductedactivity at least 10 days before the records are to be introduced at a hearing,unless the court shortens this time for good cause shown.

5. If during a trial or a proceeding for discovery,the authenticity of a record of a regularly conducted activity is reasonablyquestioned or if an interpretation of handwriting is in question, the court mayorder the personal attendance of the custodian of the record or other qualifiedperson and may order that the original records be produced.

6. For the purposes of this section:

(a) Custodian of the records means an employee oragent of an employer who has the care, custody and control of the records ofthe regularly conducted activity of the employer.

(b) Employer means:

(1) The State of Nevada, any state agency,county, city, town, school district or other unit of local government;

(2) Any public or quasi-public corporation; or

(3) Any other person, firm, corporation,partnership or association.

(c) Records means memoranda, reports, records orcompilations of data in any form which are kept in the course of an activitywhich is regularly conducted by an employer.

(Added to NRS by 1995, 1727; A 2001, 27)

NRS 52.265 Publicrecords.

1. Except as otherwise provided in NRS 52.247, the contents of an official record,or of a document authorized to be recorded or filed and actually recorded orfiled, including data compilations in any form, if otherwise admissible, may beproved by copy, certified as correct by the custodian or other personauthorized to make the certification or testified to be correct by a witnesswho has compared it with the original.

2. If a copy which complies with the foregoing cannotbe obtained by the exercise of reasonable diligence, then other evidence of thecontents may be given.

(Added to NRS by 1971, 801; A 1995, 182)

NRS 52.275 Summaries.

1. The contents of voluminous writings, recordings orphotographs which cannot conveniently be examined in court may be presented inthe form of a chart, summary or calculation.

2. The originals shall be made available forexamination or copying, or both, by other parties at a reasonable time andplace. The judge may order that the originals be produced in court.

(Added to NRS by 1971, 801)

NRS 52.285 Testimonyor written admission of party. Contents of writings,recordings or photographs may be proved by the testimony or deposition of theparty against whom offered or by his written admission, without accounting forthe nonproduction of the original.

(Added to NRS by 1971, 801; A 1979, 37)

NRS 52.295 Functionsof judge and jury.

1. Except as otherwise provided in subsection 2, whenthe admissibility of other evidence of contents under these rules depends uponthe fulfillment of a condition of fact, the question whether the condition hasbeen fulfilled is for the judge to determine.

2. When an issue is raised:

(a) Whether the asserted writing ever existed;

(b) Whether another writing, recording or photographproduced at the trial is the original; or

(c) Whether other evidence of contents correctlyreflects the contents,

the issue isfor the trier of fact to determine as in the case of other issues of fact.

(Added to NRS by 1971, 801)

EXECUTION OF WRITINGS

NRS 52.305 Marksinstead of signatures; witnesses.

1. The signature of a party, when required to awritten instrument, is equally valid if the party cannot write, if:

(a) The person makes his mark;

(b) The name of the person making the mark is writtennear it; and

(c) The mark is witnessed by a person who writes hisown name as a witness.

2. In order that a signature by mark may beacknowledged or may serve as the signature to any sworn statement, it must bewitnessed by two persons who must subscribe their own names as witnessesthereto.

(Added to NRS by 1971, 801)

NRS 52.315 Sealunnecessary. The word seal, and the initialletters L.S., and other words, letters or characters of like import, oppositethe name of the signer of any instrument in writing, are unnecessary to givesuch instrument legal effect, and any omission to use them by the signer of anyinstrument does not impair the validity of such instrument.

(Added to NRS by 1971, 802)

MEDICAL RECORDS

NRS 52.320 Definitions. As used in NRS 52.320to 52.375, inclusive, unless the contextotherwise requires:

1. Custodian of medical records means achiropractor, physician, registered physical therapist or licensed nurse whoprepares and maintains medical records, or any employee or agent of such aperson or a facility for convalescent care, medical laboratory or hospital whohas care, custody and control of medical records for such a person orinstitution.

2. Medical records includes bills, ledgers,statements and other accounts which show the cost of medical services or careprovided to a patient.

(Added to NRS by 1983, 535)

NRS 52.325 Subpoenaedrecords: Delivery of authenticated copy by custodian; order for return ofrecord; form of affidavit of authentication.

1. A custodian of medical records sufficientlycomplies with a subpoena calling for the production of medical records in hiscustody if he delivers, at or before the time set for the return of thesubpoena, either personally or by mail, to the clerk of the court issuing thesubpoena a true and exact photographic, electrostatic or other acceptable copyof the original record authenticated as provided in this section. This sectiondoes not apply to X-ray films or to any other portion of a medical record whichis not susceptible to photostatic reproduction.

2. The copy must be authenticated by an affidavit signedby the custodian of the medical records verifying that it is a true andcomplete reproduction of the original medical record and that the originalrecord was made at or near the time of the act, event, condition, opinion ordiagnosis by or from information transmitted by a person with knowledge in thecourse of a regularly conducted activity.

3. If the court quashes or suppresses a subpoena formedical records, it may order the subpoenaed record to be returned to thesubmitting custodian.

4. The affidavit required by subsection 2 must besubstantially in the form prescribed in subsection 3 of NRS 52.260.

(Added to NRS by 1973, 359; A 1977, 1534; 1983, 535;1985, 1208; 1995, 1728)

NRS 52.335 Copiesdelivered to clerk of court: Custody; maintenance; return.

1. Except as provided in NRS 52.365, the copy of a medical recorddelivered pursuant to NRS 52.325 shallbe kept in the custody of the clerk of the court issuing the subpoena, in asealed container supplied by the custodian of the medical record. Thiscontainer shall be clearly marked to identify the contents, the name of the patient,the title and number of the court case, and shall not be opened except pursuantto the direction of the court during the trial of the case, for the purpose ofdiscovery as provided in NRS 52.365, orupon special order of the court.

2. The contents of the record shall be preserved andmaintained as a cohesive unit and shall not be separated except upon the orderof the court. Forty days after any final order dismissing or otherwiseterminating any case in which medical records have been subpoenaed, if noappeal is taken, the records shall be returned intact and in complete form tothe submitting custodian. If an appeal is taken, the records shall be returned40 days after any final order terminating the appeal. This return shall beaccomplished through the use of a self-addressed, stamped envelope which shallbe contained within the package prepared and sent to the court by thesubmitting custodian. The envelope or container in which the record isdelivered to the court shall be clearly marked to identify its contents and todirect that it shall be returned to the submitting custodian if developmentsoccur which eliminate the necessity of opening the envelope.

(Added to NRS by 1973, 360; A 1977, 1535)

NRS 52.345 Noticeof delivery to clerk of court. The custodianof the medical record which has been subpoenaed shall promptly notify theattorney for the party who caused the subpoena to be issued that the documentsinvolved have been delivered to the court. For purposes of this notice it issufficient for the custodian to deliver to such attorney a copy of thecertificate verifying the contents and authenticity of the medical record sosupplied.

(Added to NRS by 1973, 360; A 1977, 1535)

NRS 52.355 Orderfor production of original documents; appearance by custodian.

1. If during a trial or discovery proceeding theauthenticity of the record or a question of interpretation of handwriting isinvolved, the court may order the original documents produced.

2. If the personal attendance of a custodian of themedical records is required, the subpoena shall clearly state such demand.

3. If a custodian will personally appear, the originalmedical records shall be produced.

(Added to NRS by 1973, 360; A 1977, 1535)

NRS 52.365 Useof copies in discovery proceedings.

1. If the contents of a medical record which has beendelivered pursuant to NRS 52.325 are theobject of a discovery proceeding by any party to the action, counsel maystipulate for, or in the absence of stipulation the court may order:

(a) The delivery of the record to the officer beforewhom a deposition is to be taken; or

(b) The copying of all or part of the record and thedelivery of the copies so made to the party or parties requesting them.

2. If the record is delivered for the purpose of adeposition it shall be returned to the clerk immediately upon completion of thedeposition, and in either case mentioned in subsection 1 it shall uponcompletion of the discovery proceeding be resealed by the clerk.

(Added to NRS by 1973, 360)

NRS 52.375 Feesfor subpoenas; admissibility of medical records. NRS 52.320 to 52.365, inclusive, do not affect:

1. Subpoena fee requirements provided by statute orrule of court.

2. The admissibility of the contents of a medicalrecord.

(Added to NRS by 1973, 361)

DISPOSAL OF PHYSICAL EVIDENCE BEFORE CRIMINAL TRIAL

NRS 52.385 Propertyevidencing crime: Return to person entitled to possession; admissibility ofphotographs in lieu of property; disposal of property not returned.

1. At any time after property of any person other thanthe one accused of the crime of which the property is evidence comes into thecustody of a peace officer or law enforcement agency, the rightful owner of theproperty or a person entitled to possession of the property may request theprosecuting attorney to return the property to him. Upon receipt of such arequest, the prosecuting attorney may, before the property is released, requirethe peace officer or law enforcement agency to take photographs of theproperty. Except as otherwise provided in subsection 3, the peace officer orlaw enforcement agency shall return the property to the person submitting therequest within a reasonable time after the receipt of the request, but in noevent later than 180 days after the receipt of the request.

2. In the absence of such a request, the prosecutingattorney may authorize the peace officer or law enforcement agency that hascustody of the property to return the property to its owner or a person who isentitled to possession of the property.

3. If the prosecuting attorney to whom a request forthe release of property is made determines that the property is required foruse as evidence in a criminal proceeding, he may deny the request for the releaseof the property.

4. Photographs of property returned pursuant to theprovisions of this section are admissible in evidence in lieu of the propertyin any criminal or civil proceeding if they are identified and authenticated inthe proceeding by:

(a) The rightful owner of the property or personentitled to possession of the property to whom the property was released;

(b) The peace officer or representative of the lawenforcement agency who released the property; or

(c) A credible witness who has personal knowledge ofthe property,

inaccordance with the provisions of NRS 52.185to 52.295, inclusive.

5. Any property subject to the provisions of thissection which is not returned under the provisions of this section must bedisposed of as provided in NRS 179.125to 179.165, inclusive.

(Added to NRS by 1975, 1183; A 1979, 694; 1985, 796;1993, 279; 1999, 754)

NRS 52.395 Controlledsubstances, dangerous drugs and immediate precursors: Procedure for destructionof unnecessary quantity seized as evidence; disposal of hazardous waste. Except as otherwise provided in NRS 453A.400:

1. When any substance alleged to be a controlledsubstance, dangerous drug or immediate precursor is seized from a defendant bya peace officer, the law enforcement agency of which the officer is a membermay, with the prior approval of the prosecuting attorney, petition the districtcourt in the county in which the defendant is charged to secure permission todestroy a part of the substance.

2. Upon receipt of a petition filed pursuant tosubsection 1, the district court shall order the substance to be accurately weighedand the weight thereof accurately recorded. The prosecuting attorney or hisrepresentative and the defendant or his representative must be allowed toinspect and weigh the substance.

3. If after completion of the weighing process thedefendant does not knowingly and voluntarily stipulate to the weight of thesubstance, the district court shall hold a hearing to make a judicialdetermination of the weight of the substance. The defendant, his attorney andany other witness the defendant may designate may be present and testify at thehearing.

4. After a determination has been made as to theweight of the substance, the district court may order all of the substancedestroyed except that amount which is reasonably necessary to enable eachinterested party to analyze the substance to determine the composition of thesubstance. The district court shall order the remaining sample to be sealed andmaintained for analysis before trial.

5. If the substance is finally determined not to be acontrolled substance, dangerous drug or immediate precursor, unless thesubstance was destroyed pursuant to subsection 7, the owner may file a claimagainst the county to recover the reasonable value of the property destroyedpursuant to this section.

6. The district courts finding as to the weight of asubstance destroyed pursuant to this section is admissible in any subsequentproceeding arising out of the same transaction.

7. If at the time that a peace officer seizes from adefendant a substance believed to be a controlled substance, dangerous drug orimmediate precursor, the peace officer discovers any material or substance thathe reasonably believes is hazardous waste, the peace officer may appropriatelydispose of the material or substance without securing the permission of acourt.

8. As used in this section:

(a) Dangerous drug has the meaning ascribed to it in NRS 454.201.

(b) Hazardous waste has the meaning ascribed to it inNRS 459.430.

(c) Immediate precursor has the meaning ascribed toit in NRS 453.086.

(Added to NRS by 1975, 1183; A 1987, 1547; 1989, 183;1999, 2641; 2001, 3071)

RECORDS OF CASINOS AND HOTELS

NRS 52.405 Definitions. As used in NRS 52.405to 52.435, inclusive, unless the contextotherwise requires:

1. Custodian of the records of a casino or hotelmeans an employee or agent of a gaming licensee or hotel who has the care,custody and control of the records of the casino or hotel.

2. Records of a casino or hotel means memoranda,reports, records or compilations of data in any form which are kept in thecourse of an activity which is regularly conducted by a gaming licensee orhotel.

(Added to NRS by 1985, 787)

NRS 52.415 Authenticationof copies. The content of records of a casinoor hotel, if otherwise admissible, may be proved by a copy of the record whichis authenticated by a custodian of the records of a casino or hotel in a signedaffidavit. The custodian must verify in the affidavit that the copy is a trueand complete reproduction of the original record of a hotel or casino and thatthe original record was made at or near the time of the act or event concerningwhich information was recorded, by or from information transmitted by a personwith knowledge of the act or event, and in the course of a regularly conductedactivity. The affidavit required by this section must be substantially in theform prescribed in subsection 3 of NRS52.260.

(Added to NRS by 1985, 787; A 1995, 1729)

NRS 52.425 Subpoenaedrecords: Delivery of authenticated copy by custodian; notice and availabilityupon receipt; preservation.

1. A custodian of the records of a hotel or casinocomplies with a subpoena requesting the production of the records of a casinoor hotel by delivering true and complete copies of the original records to theattorney for the party who caused the subpoena to be issued. The copies may bedelivered personally or by mail and must be accompanied by the affidavitauthenticating the records which is required by NRS 52.415.

2. Upon receipt of the requested records, the attorneyfor the party who caused the subpoena to be issued shall promptly notify allparties to the action of their receipt and make the records available for theirinspection and copying.

3. The records must be preserved and maintained as acohesive unit and may not be separated except upon the order of the court.

(Added to NRS by 1985, 788)

NRS 52.435 Orderfor production of original record; appearance by custodian. If during a trial or a proceeding for discovery, theauthenticity of a record is reasonably questioned or if an interpretation ofhandwriting is in question, the court may order the personal attendance of thecustodian of the records and may order that the original records be produced.

(Added to NRS by 1985, 788)

RECORDS OF BANKING AND FINANCIAL INSTITUTIONS

NRS 52.450 Definitions. As used in NRS 52.450to 52.480, inclusive, unless contextotherwise requires:

1. Banking or financial institution means any bank,savings and loan association, savings bank, thrift company or credit union licensedto do business as such in this State or any other state.

2. Custodian of the records of a banking or financialinstitution means an employee or agent of a banking or financial institutionwho has the care, custody and control of the records of the banking orfinancial institution.

3. Records of a banking or financial institutionmeans memoranda, reports, records or compilations of data in any form which arekept in the course of an activity which is regularly conducted by a banking orfinancial institution.

(Added to NRS by 1989, 323)

NRS 52.460 Authenticationof copies; form and contents of affidavit.

1. The content of records of a banking or financialinstitution, if otherwise admissible, may be proved by a copy of the recordwhich is authenticated by a custodian of the records of a banking or financialinstitution in a signed affidavit. The custodian must verify in the affidavitthat the copy is a true and complete reproduction of the original record andthat the original record was made at or near the time of the act or eventconcerning which information was recorded, by or from information transmittedby a person with knowledge of the act or event, and in the course of aregularly conducted activity.

2. The affidavit required by subsection 1 must besubstantially in the form prescribed in subsection 3 of NRS 52.260.

(Added to NRS by 1989, 323; A 1995, 1729)

NRS 52.470 Subpoenaedrecords: Delivery of authenticated copy by custodian; notice and availabilityupon receipt; preservation.

1. A custodian of the records of a banking orfinancial institution complies with a subpoena requesting the production of therecords of a banking or financial institution by delivering true and completecopies of the original records to the attorney for the party who caused thesubpoena to be issued. The copies may be delivered personally or by mail andmust be accompanied by the affidavit authenticating the records required by NRS 52.460.

2. Upon receipt of the requested records, the attorneyfor the party who caused the subpoena to be issued shall promptly notify allparties to the action of their receipt and make the records available for theirinspection and copying.

3. The records must be preserved and maintained as acohesive unit and may not be separated except upon the order of the court.

(Added to NRS by 1989, 324)

NRS 52.480 Orderfor production of original record; appearance by custodian. If during a trial or a proceeding for discovery, theauthenticity of a record of a banking or financial institution is reasonablyquestioned or if an interpretation of handwriting is in question, the court mayorder the personal attendance of the custodian of the records and may orderthat the original records be produced.

(Added to NRS by 1989, 324)

MISCELLANEOUS EVIDENCE

NRS 52.500 Evidencedescribing measurements of hazardous waste or hazardous material.

1. Photographs, samples and writings describing themeasurements, including actual net weight or estimated net weight, of hazardouswaste or a hazardous material are admissible in evidence in lieu of the wasteor material in any criminal or civil proceeding if they are authenticated.

2. As used in this section:

(a) Hazardous material has the meaning ascribed to itin NRS 459.7024.

(b) Hazardous waste has the meaning ascribed to it inNRS 459.430.

(Added to NRS by 1989, 183; A 1993, 850)

 

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