2005 Nevada Revised Statutes - Chapter 189 — Justice Courts

CHAPTER 189 - JUSTICE COURTS

PROCEDURE IN JUSTICE COURTS

NRS 189.005 Applicabilityof other provisions of title.

NRS 189.007 Groundsfor dismissal of complaint.

APPEALS TO DISTRICT COURT

Appeal by Defendant

NRS 189.010 Appealmust be taken within 10 days.

NRS 189.020 Noticeof intention to appeal: Filing and service; stay of judgment pending appeal.

NRS 189.030 Transmissionof transcript, other papers, sound recording and copy of docket to districtcourt.

NRS 189.035 Procedurewhere transcript defective.

NRS 189.050 Actionto be judged on record.

NRS 189.060 Groundsfor dismissal of appeal; enforcement of judgment.

NRS 189.065 Dismissalfor failure to set or reset appeal for hearing.

NRS 189.070 Groundsfor dismissal of complaint on appeal.

Appeal by State

NRS 189.120 Appealby State from order granting defendants motion to suppress evidence.

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PROCEDURE IN JUSTICE COURTS

NRS 189.005 Applicabilityof other provisions of title. Except as otherwiseexpressly provided in this chapter, criminal proceedings in Justice Courts aregoverned by the provisions of this title.

(Added to NRS by 1967, 1467)(Substituted in revisionfor NRS 185.015)

NRS 189.007 Groundsfor dismissal of complaint. Any complaint,upon motion of the defendant, may be dismissed by the justice of the peace uponany of the following grounds:

1. That the justice of the peace does not havejurisdiction of the offense.

2. That more than one offense is charged in any onecount of the complaint.

3. That the facts stated do not constitute a publicoffense.

(Added to NRS by 1979, 36)(Substituted in revisionfor NRS 185.025)

APPEALS TO DISTRICT COURT

Appeal by Defendant

NRS 189.010 Appealmust be taken within 10 days. Except asotherwise provided in NRS 177.015, adefendant in a criminal action tried before a justice of the peace may appealfrom the final judgment therein to the district court of the county where thecourt of the justice of the peace is held, at any time within 10 days from thetime of the rendition of the judgment.

[1911 Cr. Prac. 662; RL 7512; NCL 11309](NRS A1995, 1536)

NRS 189.020 Noticeof intention to appeal: Filing and service; stay of judgment pending appeal.

1. The party intending to appeal must file with thejustice and serve upon the district attorney a notice entitled in the action,setting forth the character of the judgment, and the intention of the party toappeal therefrom to the district court.

2. Stay of judgment pending appeal is governed by NRS 177.105 and 177.115.

[1911 Cr. Prac. 663; RL 7513; NCL 11310](NRS A1967, 1467)

NRS 189.030 Transmissionof transcript, other papers, sound recording and copy of docket to districtcourt.

1. The justice shall, within 10 days after the noticeof appeal is filed, transmit to the clerk of the district court the transcriptof the case, all other papers relating to the case and a certified copy of hisdocket.

2. The justice shall give notice to the appellant orhis attorney that the transcript and all other papers relating to the case havebeen filed with the clerk of the district court.

3. If the district judge so requests, before or afterreceiving the record, the justice of the peace shall transmit to him the soundrecording of the case.

[1911 Cr. Prac. 664; RL 7514; NCL 11311](NRS A1973, 631; 1979, 1512)

NRS 189.035 Procedurewhere transcript defective.

1. Except as provided in subsection 2, if the districtcourt finds that the transcript of a case which was recorded by sound recordingequipment is materially or extensively defective, the case must be returned forretrial in the Justice Court from which it came.

2. If all parties to the appeal stipulate to beingbound by a particular transcript of the proceedings in the Justice Court, orstipulate to a particular change in the transcript, an appeal based on thattranscript as accepted or changed may be heard by the district court withoutregard to any defects in the transcript.

(Added to NRS by 1979, 1512)

NRS 189.050 Actionto be judged on record. An appeal dulyperfected transfers the action to the district court to be judged on therecord.

[Part 1911 Cr. Prac. 666; RL 7516; NCL 11313](NRS A 1979, 1512)

NRS 189.060 Groundsfor dismissal of appeal; enforcement of judgment.

1. The appeal may be dismissed on either of thefollowing grounds:

(a) For failure to take the same in time.

(b) For failure to appear in the district court whenrequired.

2. If the appeal is dismissed, a copy of the order ofdismissal must be remitted to the justice, who may proceed to enforce thejudgment.

[Part 1911 Cr. Prac. 666; RL 7516; NCL 11313]

NRS 189.065 Dismissalfor failure to set or reset appeal for hearing.

1. An appeal must be dismissed by the district courtunless perfected by application of the defendant, within 60 days after theappeal is filed in the Justice Court, by having it set for hearing.

2. If an appeal has been set for hearing and thehearing is vacated at the request of the appellant, the appeal must bedismissed unless application is made by the appellant to reset the hearingwithin 60 days after the date on which the hearing was vacated.

(Added to NRS by 1965, 376; A 1985, 57, 972)

NRS 189.070 Groundsfor dismissal of complaint on appeal. Any complaint,upon motion of the defendant, may be dismissed upon any of the followinggrounds:

1. That the justice of the peace did not havejurisdiction of the offense.

2. That more than one offense is charged in any onecount of the complaint.

3. That the facts stated do not constitute a publicoffense.

[1911 Cr. Prac. 667; RL 7517; NCL 11314](NRS A1979, 36)

Appeal by State

NRS 189.120 Appealby State from order granting defendants motion to suppress evidence.

1. The State may appeal to the district court from anorder of a Justice Court granting the motion of a defendant to suppressevidence.

2. Such an appeal shall be taken:

(a) Within 2 days after the rendition of such an orderduring a trial or preliminary examination.

(b) Within 5 days after the rendition of such an orderbefore a trial or preliminary examination.

3. Upon perfecting such an appeal:

(a) After the commencement of a trial or preliminaryexamination, further proceedings in the trial shall be stayed pending the finaldetermination of the appeal.

(b) Before trial or preliminary examination, the timelimitation within which a defendant shall be brought to trial shall be extendedfor the period necessary for the final determination of the appeal.

(Added to NRS by 1969, 1079)

 

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