2005 Nevada Revised Statutes - Chapter 169 — Preliminary Provisions

Title 14 - PROCEDURE IN CRIMINAL CASES

CHAPTER 169 - PRELIMINARY PROVISIONS

NRS 169.015 Shorttitle.

NRS 169.025 Scope.

NRS 169.035 Purpose;construction.

NRS 169.045 Definitions.

NRS 169.049 Casein chief of the defendant defined.

NRS 169.055 Criminalaction defined.

NRS 169.065 Defendantdefined.

NRS 169.075 Districtattorney defined.

NRS 169.085 Lawdefined.

NRS 169.095 Magistratedefined.

NRS 169.097 Masterdefined.

NRS 169.105 Monthdefined.

NRS 169.115 Oathdefined.

NRS 169.125 Peaceofficer defined.

NRS 169.145 Personalproperty defined.

NRS 169.155 Propertydefined.

NRS 169.164 Publicofficer defined.

NRS 169.175 Realproperty defined.

NRS 169.185 Statedefined.

NRS 169.195 Trialdefined.

NRS 169.205 UnitedStates defined.

NRS 169.215 Interpretation.

NRS 169.225 Signatureby mark.

NRS 169.235 Supersedingof criminal law no bar to punishment unless specifically expressed.

NRS 169.245 Bondsand undertakings in criminal actions or proceedings: Approval by clerk.

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NRS 169.015 Shorttitle. This title may be known and cited asthe Nevada Criminal Procedure Law.

(Added to NRS by 1967, 1398)

NRS 169.025 Scope.

1. This title governs the procedure in the courts ofthe State of Nevada and before magistrates in all criminal proceedings.

2. Except as otherwise provided in NRS 62C.330, this title does not apply toproceedings against children conducted pursuant to title 5 of NRS.

(Added to NRS by 1967, 1398; A 1981, 1195; 2003, 1118)

NRS 169.035 Purpose;construction. This title is intended toprovide for the just determination of every criminal proceeding. Its provisionsshall be construed to secure simplicity in procedure, fairness inadministration and the elimination of unjustifiable expense and delay.

(Added to NRS by 1967, 1398)

NRS 169.045 Definitions. As used in this title, unless the context otherwiserequires, the words and terms defined in NRS169.049 to 169.205, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 1967, 1398; A 1977, 1571; 1997,2364)

NRS 169.049 Casein chief of the defendant defined. Case inchief of the defendant means the first opportunity of the defendant to presentevidence after the close of the case in chief of the State.

(Added to NRS by 1997, 2364)

NRS 169.055 Criminalaction defined. Criminal action means theproceedings by which a party charged with a public offense is accused andbrought to trial and punishment. A criminal action is prosecuted in the name ofthe State of Nevada, as plaintiff.

(Added to NRS by 1967, 1398)

NRS 169.065 Defendantdefined. Defendant means the party prosecutedin a criminal action.

(Added to NRS by 1967, 1398)

NRS 169.075 Districtattorney defined. District attorneyincludes any deputy district attorney.

(Added to NRS by 1967, 1398)

NRS 169.085 Lawdefined. Law includes statutes and judicialdecisions.

(Added to NRS by 1967, 1398)

NRS 169.095 Magistratedefined. Magistrate means an officer havingpower to issue a warrant for the arrest of a person charged with a publicoffense and includes:

1. Justices of the Supreme Court;

2. Judges of the district courts;

3. Justices of the peace;

4. Municipal judges; and

5. Others upon whom are conferred by law the powers ofa justice of the peace in criminal cases.

(Added to NRS by 1967, 1398; A 1983, 901)

NRS 169.097 Masterdefined. Master means a person appointed bythe district court to inform defendants of their rights, assign counsel forindigent defendants and perform other similar administrative duties assigned bythe court.

(Added to NRS by 1977, 1570)

NRS 169.105 Monthdefined. Month means a calendar month unlessotherwise expressed.

(Added to NRS by 1967, 1398)

NRS 169.115 Oathdefined. Oath includes an affirmation.

(Added to NRS by 1967, 1398)

NRS 169.125 Peaceofficer defined. Peace officer includes anyperson upon whom some or all of the powers of a peace officer are conferredpursuant to NRS 289.150 to 289.360, inclusive.

(Added to NRS by 1967, 1398; A 1969, 55, 1130, 1423;1971, 255, 2077; 1973, 89, 922, 1583; 1975, 112, 989, 1344; 1977, 858, 1120,1441; 1979, 127, 280, 902; 1981, 330, 1104, 2008; 1983, 854, 1242; 1985, 246;1989, 889, 968; 1993, 2527)

NRS 169.145 Personalproperty defined. Personal propertyincludes money, goods, chattels, things in action and evidences of debt.

(Added to NRS by 1967, 1399)

NRS 169.155 Propertydefined. Property includes both real and personalproperty.

(Added to NRS by 1967, 1399)

NRS 169.164 Publicofficer defined. Public officer means aperson elected or appointed to a position which:

1. Is established by the constitution or a statute ofthis State, or by a charter or ordinance of a political subdivision of thisState; and

2. Involves the continuous exercise, as part of theregular and permanent administration of the government, of a public power,trust or duty.

(Added to NRS by 1967, 1399)

NRS 169.175 Realproperty defined. Real property iscoextensive with lands, tenements and hereditaments.

(Added to NRS by 1967, 1399)

NRS 169.185 Statedefined. State, when applied to thedifferent parts of the United States, includes the District of Columbia and theterritories.

(Added to NRS by 1967, 1399)

NRS 169.195 Trialdefined.

1. Trial means that portion of a criminal actionwhich:

(a) If a jury is used, begins with the impaneling ofthe jury and ends with the return of the verdict, both inclusive.

(b) If no jury is used, begins with the openingstatement, or if there is no opening statement, when the first witness issworn, and ends with the closing argument or upon submission of the cause tothe court without argument, both inclusive.

2. Trial does not include any proceeding had upon aplea of guilty to determine the degree of guilt or to fix the punishment.

(Added to NRS by 1967, 1399; A 1995, 2448; 2003, 1456)

NRS 169.205 UnitedStates defined. United States may includethe District of Columbia, Puerto Rico, territories or insular possessions.

(Added to NRS by 1967, 1399)

NRS 169.215 Interpretation.

1. Writing includes printing and typewriting.

2. Every mode of oral statement, under oath oraffirmation, is embraced by the term testify, and every written one in theterm depose.

(Added to NRS by 1967, 1399; A 1977, 186)

NRS 169.225 Signatureby mark. When a signature of a person isrequired by this title, the mark of a person, if he cannot write, shall bedeemed sufficient, the name of the person making the mark being written nearit, and the mark being witnessed by a person who writes his own name as awitness.

(Added to NRS by 1967, 1399)

NRS 169.235 Supersedingof criminal law no bar to punishment unless specifically expressed. The superseding of any law creating a criminal offenseshall not be held to constitute a bar to the prosecution and punishment of acrime already committed, or to bar the trial and punishment of a crime where aprosecution has been already begun, for a violation of the law so superseded,unless the intention to bar such prosecution and punishment, or trial andpunishment where a prosecution has been already begun is expressly declared inthe superseding act.

(Added to NRS by 1967, 1399)

NRS 169.245 Bondsand undertakings in criminal actions or proceedings: Approval by clerk.

1. In all criminal actions or proceedings where a bondor other undertaking is required by the provisions of this title or by theNevada Rules of Civil Procedure or the Nevada Rules of Appellate Procedure, thebond or undertaking shall be presented to the clerk, of the court in which theaction or proceeding is pending, for his approval before being filed or deposited.

2. The clerk of the court may refuse approval of asurety for any bond or other undertaking if a power of attorney-in-fact, whichcovers the agent whose signature appears on the bond or other undertaking, isnot on file with the clerk of the court.

(Added to NRS by 1975, 1196)

 

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