2010 Nevada Code
TITLE 14 PROCEDURE IN CRIMINAL CASES
Chapter 172 Proceedings After Commitment and Before Indictment
NRS 172.197 Procedure when person subpoenaed to appear before grand jury intends to assert constitutional privilege against self-incrimination.

NRS 172.197 Procedure when person subpoenaed to appear before grand jury intends to assert constitutional privilege against self-incrimination.

1. If a person who has been subpoenaed to appear before a grand jury informs the district attorney that the person intends to refuse to testify and to assert the person's constitutional privilege against self-incrimination, the district attorney shall:

(a) Move for an order of immunity pursuant to NRS 178.572;

(b) Challenge the existence of a valid privilege by filing in any court of record a motion to compel the testimony of the person; or

(c) Withdraw the subpoena.

2. All proceedings which are held on a motion filed pursuant to subsection 1 must be closed.

3. If the existence of the privilege is challenged, the court shall hear the evidence of both parties and determine whether or not a valid privilege exists and to which matters, if any, it extends.

4. The district attorney shall not call a person to testify before a grand jury regarding matters which have been so determined to be within the person's constitutional privilege against self-incrimination.

(Added to NRS by 1985, 554)



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