2017 Nevada Revised Statutes
Chapter 176 - Judgment and Execution
NRS 176.515 - Court may grant new trial or motion to vacate judgment in certain circumstances.
1. The court may grant a new trial to a defendant if required as a matter of law or on the ground of newly discovered evidence.
2. If trial was by the court without a jury, the court may vacate the judgment if entered, take additional testimony and direct the entry of a new judgment.
3. Except as otherwise provided in NRS 176.09187, a motion for a new trial based on the ground of newly discovered evidence may be made only within 2 years after the verdict or finding of guilt.
4. A motion for a new trial based on any other grounds must be made within 7 days after the verdict or finding of guilt or within such further time as the court may fix during the 7-day period.
5. The court may grant a motion to vacate a judgment if:
(a) The judgment is a conviction for a violation of:
(1) NRS 201.354, for engaging in prostitution or solicitation for prostitution, provided that the defendant was not alleged to be a customer of a prostitute;
(2) NRS 207.200, for unlawful trespass;
(3) Paragraph (b) of subsection 1 of NRS 463.350, for loitering; or
(4) A county, city or town ordinance, for loitering for the purpose of solicitation or prostitution.
(b) The participation of the defendant in the offense was the result of the defendant having been a victim of:
(1) Trafficking in persons as described in the Trafficking Victims Protection Act of 2000, 22 U.S.C. §§ 7101 et seq.; or
(2) Involuntary servitude as described in NRS 200.463 or 200.4631; and
(c) The defendant makes a motion under this subsection with due diligence after the defendant has ceased being a victim of trafficking or involuntary servitude or has sought services for victims of such trafficking or involuntary servitude.
6. In deciding whether to grant a motion made pursuant to subsection 5, the court shall take into consideration any reasonable concerns for the safety of the defendant, family members of the defendant or other victims that may be jeopardized by the bringing of such a motion.
7. If the court grants a motion made pursuant to subsection 5, the court:
(a) Shall vacate the judgment and dismiss the accusatory pleading; and
(b) May take any additional action that the court deems appropriate under the circumstances.
(Added to NRS by 1967, 1443; A 1983, 1671; 2003, 1894; 2011, 280; 2013, 1856; 2015, 785)
