[Rev. 11/21/2013 9:03:18 AM--2013]

CHAPTER 50 - WITNESSES

GENERAL PROVISIONS

NRS 50.015             General rule of competency.

NRS 50.025             Lack of personal knowledge.

NRS 50.035             Oath or affirmation.

NRS 50.045             Interpreters.

NRS 50.050             Interpreters for person with communications disability: Definitions; appointment required in judicial proceedings; compensation; certain persons not required to pay for interpreter.

NRS 50.051             Interpreters for person with communications disability: Appointment required in criminal proceedings.

NRS 50.0515           Interpreters for person with communications disability: Appointment of registered legal interpreter required; exceptions.

NRS 50.052             Interpreters for person with communications disability: Replacement; persons ineligible for appointment; selection and approval by person with communications disability.

NRS 50.053             Interpreters for person with communications disability: Oath; rights and privileges.

NRS 50.054             Interpreter for person with language barrier: Eligibility; oath; rights and privileges; replacement; payment of claims.

NRS 50.0545           Interpreter for person with language barrier: Appointment required in criminal proceedings.

NRS 50.055             Competency: Judge as witness.

NRS 50.065             Competency: Juror as witness.

NRS 50.067             Competency: Receipt of certain care or counseling.

NRS 50.068             Competency: Defendant who agrees to testify against another defendant pursuant to plea bargain.

NRS 50.070             Termination or threat of termination of employment because of service as witness prohibited; penalty; remedies.

IMPEACHMENT

NRS 50.075             Who may impeach.

NRS 50.085             Evidence of character and conduct of witness.

NRS 50.090             Evidence of previous sexual conduct of victim of sexual assault or statutory sexual seduction inadmissible to challenge victim’s credibility; exceptions.

NRS 50.095             Impeachment by evidence of conviction of crime.

NRS 50.105             Religious beliefs or opinions.

EXAMINATION OF WITNESSES

NRS 50.115             Mode and order of interrogation and presentation.

NRS 50.125             Writing used to refresh memory.

NRS 50.135             Prior statements of witness.

NRS 50.145             Calling and interrogation of witness by judge.

NRS 50.155             Exclusion and sequestration of witnesses.

ATTENDANCE OF WITNESSES

NRS 50.165             Duty to appear and testify.

NRS 50.175             Witness protected from arrest when attending, going to and returning from court or other place of attendance.

NRS 50.185             Arrest of protected witness void; liability of arresting officer; affidavit of witness.

NRS 50.195             Penalties for disobedience.

NRS 50.205             Warrant for arrest of witness failing to attend.

NRS 50.215             Examination of prisoner as witness; notification of Department of Corrections required.

FEES OF WITNESSES

NRS 50.225             Fees and expenses of witnesses.

NRS 50.245             Cases from municipal court brought before district court.

NRS 50.255             Attorney not allowed fee as witness.

OPINIONS AND EXPERT TESTIMONY

NRS 50.260             “Prohibited substance” defined.

NRS 50.265             Opinions: Lay witnesses.

NRS 50.275             Testimony by experts.

NRS 50.285             Opinions: Experts.

NRS 50.295             Opinions: Ultimate issues.

NRS 50.305             Disclosure of facts and data underlying expert opinion.

NRS 50.310             Admissibility of affidavit or declaration of laboratory director regarding results of test performed by medical laboratory.

NRS 50.315             Admissibility of affidavit or declaration offered to prove certain facts concerning use of certain devices or withdrawal or holding of evidence related to determining presence of alcohol, controlled substance, chemical, poison, organic solvent or another prohibited substance.

NRS 50.320             Admissibility of affidavit or declaration of chemist or other expert witness regarding presence in breath, blood or urine of alcohol, controlled substance, chemical, poison, organic solvent or another prohibited substance or regarding identity or quantity of controlled substance possessed.

NRS 50.325             Procedure for admission of affidavit or declaration of expert or other person to prove existence of alcohol, quantity of controlled substance or existence or identity of controlled substance, chemical, poison, organic solvent or another prohibited substance in prosecution of certain criminal offenses.

NRS 50.330             Testimony given pursuant to NRS 50.315 or 50.320 may be given by use of simultaneous audiovisual transmission; requirements for use.

NRS 50.345             Expert testimony to show victim’s behavior or condition is consistent with behavior or condition of victim of sexual assault.

DESIGNATION OF ATTENDANT TO PROVIDE SUPPORT TO VICTIM OF ACT OF DOMESTIC VIOLENCE

NRS 50.400             Applicability to proceedings in civil actions; qualifications, duties and limitations on conduct of attendant; designation of attendant as witness; “victim of an act of domestic violence pursuant to NRS 33.018” defined.

UNIFORM CHILD WITNESS TESTIMONY BY ALTERNATIVE METHODS ACT

NRS 50.500             Short title.

NRS 50.510             Definitions.

NRS 50.520             “Alternative method” defined.

NRS 50.530             “Child witness” defined.

NRS 50.540             “Criminal proceeding” defined.

NRS 50.550             “Noncriminal proceeding” defined.

NRS 50.560             Applicability.

NRS 50.570             Hearing to determine whether to allow testimony by alternative method.

NRS 50.580             Standards for determining whether child witness may testify by alternative method.

NRS 50.590             Factors for determining whether to permit alternative method.

NRS 50.600             Order regarding testimony by alternative method.

NRS 50.610             Right of party to examine child witness.

NRS 50.620             Uniformity of application and construction.

_________

 

GENERAL PROVISIONS

      NRS 50.015  General rule of competency.  Every person is competent to be a witness except as otherwise provided in this title.

      (Added to NRS by 1971, 788)

      NRS 50.025  Lack of personal knowledge.

      1.  A witness may not testify to a matter unless:

      (a) Evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter; or

      (b) The witness states his or her opinion or inference as an expert.

      2.  Evidence to prove personal knowledge may, but need not, consist of the testimony of the witness.

      (Added to NRS by 1971, 788)

      NRS 50.035  Oath or affirmation.

      1.  Before testifying, every witness shall be required to declare that he or she will testify truthfully, by oath or affirmation administered in a form calculated to awaken his or her conscience and impress his or her mind with the duty to do so.

      2.  An affirmation is sufficient if the witness is addressed in the following terms: “You do solemnly affirm that the evidence you shall give in this issue (or matter), pending between ................ and ................, shall be the truth, the whole truth, and nothing but the truth.” Assent to this affirmation shall be made by the answer, “I do.”

      (Added to NRS by 1971, 788)

      NRS 50.045  Interpreters.  Interpreters are subject to the provisions of this chapter relating to qualification as an expert.

      (Added to NRS by 1971, 788; A 1979, 656)

      NRS 50.050  Interpreters for person with communications disability: Definitions; appointment required in judicial proceedings; compensation; certain persons not required to pay for interpreter.

      1.  As used in NRS 50.050 to 50.053, inclusive, unless the context requires otherwise:

      (a) “Interpreter” means a:

             (1) Registered interpreter;

             (2) Registered legal interpreter; or

             (3) Person who is appointed as an interpreter pursuant to subsection 2 of NRS 50.0515.

      (b) “Person with a communications disability” means a person who, because the person is deaf or has a physical speaking impairment, cannot readily understand or communicate in the English language or cannot understand the proceedings.

      (c) “Registered interpreter” means a person registered with the Aging and Disability Services Division of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of interpreting.

      (d) “Registered legal interpreter” means a person registered with the Aging and Disability Services Division of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of interpreting in a legal setting.

      2.  In all judicial proceedings in which a person with a communications disability appears as a witness, the court, magistrate or other person presiding over the proceedings shall appoint an interpreter to interpret the proceedings to that person and to interpret the testimony of that person to the court, magistrate or other person presiding.

      3.  The court, magistrate or other person presiding over the proceedings shall fix a reasonable compensation for the services and expenses of the interpreter appointed pursuant to this section. If the judicial proceeding is civil in nature, the compensation of the interpreter may be taxed as costs, except that the person with a communications disability for whose benefit the interpreter is appointed must not be taxed, charged a fee or otherwise required to pay any portion of the compensation of the interpreter.

      4.  Claims against a county, municipality, this State or any agency thereof for the compensation of an interpreter in a criminal proceeding or other proceeding for which an interpreter must be provided at public expense must be paid in the same manner as other claims against the respective entities are paid. Payment may be made only upon the certificate of the judge, magistrate or other person presiding over the proceedings that the interpreter has performed the services required and incurred the expenses claimed.

      (Added to NRS by 1975, 308; A 1979, 656; 2001, 1774; 2007, 168; 2009, 2368; 2011, 233)

      NRS 50.051  Interpreters for person with communications disability: Appointment required in criminal proceedings.  An interpreter must be appointed at public expense for a person with a communications disability who is a party to or a witness in a criminal proceeding.

      (Added to NRS by 1979, 656; A 2001, 1775; 2007, 169)

      NRS 50.0515  Interpreters for person with communications disability: Appointment of registered legal interpreter required; exceptions.

      1.  Except as otherwise provided in this section, in any judicial or other proceeding in which the court, magistrate or other person presiding over the proceeding is required to appoint an interpreter for a person with a communications disability, the court, magistrate or other person presiding over the proceeding shall appoint a registered legal interpreter to interpret the proceeding to that person and to interpret the testimony of that person to the court, magistrate or other person presiding over the proceeding.

      2.  If a registered legal interpreter cannot be found or is otherwise unavailable, or if the appointment of a registered legal interpreter will cause a substantial delay in the proceeding, the court, magistrate or other person presiding over the proceeding may, after making a finding to that effect and conducting a voir dire examination of prospective interpreters, appoint a registered interpreter or any other interpreter that the court, magistrate or other person presiding over the proceeding determines is readily able to communicate with the person with a communications disability, translate the proceeding for him or her, and accurately repeat and translate the statements of the person with a communications disability to the court, magistrate or other person presiding over the proceeding.

      (Added to NRS by 2007, 167)

      NRS 50.052  Interpreters for person with communications disability: Replacement; persons ineligible for appointment; selection and approval by person with communications disability.

      1.  If an interpreter appointed for a person with a communications disability is not effectively or accurately communicating with or on behalf of the person with a communications disability, and that fact becomes known to the person who appointed the interpreter, another interpreter must be appointed.

      2.  Unless otherwise agreed upon by the parties, a person may not be appointed as an interpreter of a person with a communications disability in a proceeding if the interpreter is:

      (a) The spouse of the person with a communications disability or related to the person; or

      (b) Otherwise interested in the outcome of the proceeding or biased for or against one of the parties.

      3.  Whenever possible, a person with a communications disability must be given an interpreter of his or her choice or one of whom he or she approves.

      (Added to NRS by 1979, 656; A 2001, 1775; 2007, 169)

      NRS 50.053  Interpreters for person with communications disability: Oath; rights and privileges.

      1.  Before undertaking his or her duties, the interpreter shall swear or affirm that he or she will make a true interpretation in an understandable manner to the person for whom he or she has been appointed, and that he or she will repeat the statements of the person with a communications disability in the English language to the best of his or her ability.

      2.  While in the proper performance of his or her duties, an interpreter acts in the place of the person with a communications disability and to that extent has all of the rights and privileges of that person for purposes of the proceeding, including access to all relevant material.

      (Added to NRS by 1979, 656; A 2001, 1775; 2007, 169)

      NRS 50.054  Interpreter for person with language barrier: Eligibility; oath; rights and privileges; replacement; payment of claims.

      1.  Except as otherwise provided by a regulation of the Court Administrator adopted pursuant to NRS 1.510 and 1.520, a person shall not act as an interpreter in a proceeding if the interpreter is:

      (a) The spouse of a witness;

      (b) Otherwise related to a witness;

      (c) Biased for or against one of the parties; or

      (d) Otherwise interested in the outcome of the proceeding.

      2.  Before undertaking his or her duties, the interpreter shall swear or affirm that he or she will:

      (a) To the best of his or her ability, translate accurately to the person with a language barrier in the language of the person, questions and statements addressed to the person;

      (b) Make a true interpretation of the statements of the person with a language barrier in an understandable manner; and

      (c) Repeat the statements of the person with a language barrier in the English language to the best of his or her ability.

      3.  While in the proper performance of his or her duties, an interpreter has the same rights and privileges as the person with a language barrier, including the right to examine all relevant material, but is not entitled to waive or exercise any of those rights or privileges on behalf of the person with a language barrier.

      4.  If an interpreter appointed for a person with a language barrier is not effectively or accurately communicating with or on behalf of the person, and that fact becomes known to the person who appointed the interpreter, another interpreter must be appointed.

      5.  Claims against a county, municipality, this State or any agency thereof for the compensation of an interpreter in a criminal proceeding or other proceeding for which an interpreter must be provided at public expense must be paid in the same manner as other claims against the respective entities are paid. Payment may be made only upon the certificate of the judge, magistrate or other person presiding over the proceedings that the interpreter has performed the services required and incurred the expense claimed.

      6.  As used in this section:

      (a) “Interpreter” means a person who:

             (1) Has a certificate as an interpreter issued by the Court Administrator pursuant to NRS 1.510 and 1.520; or

             (2) Is appointed as an alternate court interpreter in accordance with the criteria and procedures established pursuant to NRS 1.510 or 1.520.

      (b) “Person with a language barrier” has the meaning ascribed to it in NRS 1.510.

      (Added to NRS by 1995, 803; A 2001, 1775; 2007, 169; 2013, 1461)

      NRS 50.0545  Interpreter for person with language barrier: Appointment required in criminal proceedings.

      1.  An interpreter must be appointed at public expense for a person with a language barrier who is a defendant or a witness in a criminal proceeding.

      2.  As used in this section:

      (a) “Interpreter” means a person who:

             (1) Has a certificate as an interpreter issued by the Court Administrator pursuant to NRS 1.510 and 1.520; or

             (2) Is appointed as an alternate court interpreter in accordance with the criteria and procedures established pursuant to NRS 1.510 or 1.520.

      (b) “Person with a language barrier” has the meaning ascribed to it in NRS 1.510.

      (Added to NRS by 2013, 1461)

      NRS 50.055  Competency: Judge as witness.

      1.  The judge presiding at the trial shall not testify in that trial as a witness.

      2.  If the judge is called to testify, no objection need be made in order to preserve the point.

      (Added to NRS by 1971, 788)

      NRS 50.065  Competency: Juror as witness.

      1.  A member of the jury shall not testify as a witness in the trial of the case in which the member of the jury is sitting as a juror. If the member of the jury is called to testify, the opposing party shall be afforded an opportunity to object out of the presence of the jury.

      2.  Upon an inquiry into the validity of a verdict or indictment:

      (a) A juror shall not testify concerning the effect of anything upon the juror’s or any other juror’s mind or emotions as influencing the juror to assent to or dissent from the verdict or indictment or concerning the juror’s mental processes in connection therewith.

      (b) The affidavit or evidence of any statement by a juror indicating an effect of this kind is inadmissible for any purpose.

      (Added to NRS by 1971, 788)

      NRS 50.067  Competency: Receipt of certain care or counseling.

      1.  A person is not incompetent to be a witness solely by reason of the fact that the person or a member of the person’s family has received medical, psychiatric, or psychological care or counseling in connection with the act or event giving rise to the proceeding.

      2.  Evidence relating to such care or counseling is not inadmissible by reason of this section, if otherwise admissible under the provisions of this title.

      (Added to NRS by 1987, 928)

      NRS 50.068  Competency: Defendant who agrees to testify against another defendant pursuant to plea bargain.

      1.  A defendant is not incompetent to be a witness solely by reason of the fact that the defendant enters into an agreement with the prosecuting attorney in which the defendant agrees to testify against another defendant in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for a recommendation of a reduced sentence.

      2.  The testimony of the defendant who is testifying may be admitted whether or not the defendant has entered his or her plea or been sentenced pursuant to the agreement with the prosecuting attorney.

      (Added to NRS by 1991, 292; A 1995, 2466; 2003, 1480; 2007, 1436)

      NRS 50.070  Termination or threat of termination of employment because of service as witness prohibited; penalty; remedies.

      1.  Any person, corporation, partnership, association or other entity who is:

      (a) An employer; or

      (b) The employee, agent or officer of an employer, vested with the power to terminate or recommend termination of employment,

Ê of a person who is a witness or who has received a summons to appear as a witness in a judicial or administrative proceeding, who deprives the witness or person summoned of his or her employment, as a consequence of his or her service as a witness or prospective witness, or who asserts to the witness or person summoned that his or her service as a witness or prospective witness will result in termination of his or her employment, is guilty of a misdemeanor.

      2.  A person discharged from employment in violation of subsection 1 may commence a civil action against his or her employer and obtain:

      (a) Wages and benefits lost as a result of the violation;

      (b) An order of reinstatement without loss of position, seniority or benefits;

      (c) Damages equal to the amount of the lost wages and benefits; and

      (d) Reasonable attorney’s fees fixed by the court.

      (Added to NRS by 1981, 366; A 1995, 209)

IMPEACHMENT

      NRS 50.075  Who may impeach.  The credibility of a witness may be attacked by any party, including the party calling the witness.

      (Added to NRS by 1971, 789)

      NRS 50.085  Evidence of character and conduct of witness.

      1.  Opinion evidence as to the character of a witness is admissible to attack or support the witness’s credibility but subject to these limitations:

      (a) Opinions are limited to truthfulness or untruthfulness; and

      (b) Opinions of truthful character are admissible only after the introduction of opinion evidence of untruthfulness or other evidence impugning the witness’s character for truthfulness.

      2.  Evidence of the reputation of a witness for truthfulness or untruthfulness is inadmissible.

      3.  Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness’s credibility, other than conviction of crime, may not be proved by extrinsic evidence. They may, however, if relevant to truthfulness, be inquired into on cross-examination of the witness or on cross-examination of a witness who testifies to an opinion of his or her character for truthfulness or untruthfulness, subject to the general limitations upon relevant evidence and the limitations upon interrogation and subject to the provisions of NRS 50.090.

      (Added to NRS by 1971, 789; A 1975, 1132)

      NRS 50.090  Evidence of previous sexual conduct of victim of sexual assault or statutory sexual seduction inadmissible to challenge victim’s credibility; exceptions.  In any prosecution for sexual assault or statutory sexual seduction or for attempt to commit or conspiracy to commit either crime, the accused may not present evidence of any previous sexual conduct of the victim of the crime to challenge the victim’s credibility as a witness unless the prosecutor has presented evidence or the victim has testified concerning such conduct, or the absence of such conduct, in which case the scope of the accused’s cross-examination of the victim or rebuttal must be limited to the evidence presented by the prosecutor or victim.

      (Added to NRS by 1975, 1132; A 1977, 1630; 1991, 126)

      NRS 50.095  Impeachment by evidence of conviction of crime.

      1.  For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime is admissible but only if the crime was punishable by death or imprisonment for more than 1 year under the law under which the witness was convicted.

      2.  Evidence of a conviction is inadmissible under this section if a period of more than 10 years has elapsed since:

      (a) The date of the release of the witness from confinement; or

      (b) The expiration of the period of the witness’s parole, probation or sentence, whichever is the later date.

      3.  Evidence of a conviction is inadmissible under this section if the conviction has been the subject of a pardon.

      4.  Evidence of juvenile adjudications is inadmissible under this section.

      5.  The pendency of an appeal therefrom does not render evidence of a conviction inadmissible. Evidence of the pendency of an appeal is admissible.

      6.  A certified copy of a conviction is prima facie evidence of the conviction.

      (Added to NRS by 1971, 789; A 1981, 1646)

      NRS 50.105  Religious beliefs or opinions.  Evidence of the beliefs or opinions of a witness on matters of religion is inadmissible for the purpose of showing that by reason of their nature the witness’s credibility is impaired or enhanced.

      (Added to NRS by 1971, 789)

EXAMINATION OF WITNESSES

      NRS 50.115  Mode and order of interrogation and presentation.

      1.  The judge shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence:

      (a) To make the interrogation and presentation effective for the ascertainment of the truth;

      (b) To avoid needless consumption of time; and

      (c) To protect witnesses from undue harassment or embarrassment.

      2.  Cross-examination is limited to the subject matter of the direct examination and matters affecting the credibility of the witness, unless the judge in the exercise of discretion permits inquiry into additional matters as if on direct examination.

      3.  Except as provided in subsection 4:

      (a) Leading questions may not be used on the direct examination of a witness without the permission of the court.

      (b) Leading questions are permitted on cross-examination.

      4.  Except that the prosecution may not call the accused in a criminal case, a party is entitled to call:

      (a) An adverse party; or

      (b) A witness identified with an adverse party,

Ê and interrogate by leading questions. The attorney for the adverse party may employ leading questions in cross-examining the party or witness so called only to the extent permissible if the attorney had called that person on direct examination.

      (Added to NRS by 1971, 789; A 1979, 24)

      NRS 50.125  Writing used to refresh memory.

      1.  If a witness uses a writing to refresh his or her memory, either before or while testifying, an adverse party is entitled:

      (a) To have it produced at the hearing;

      (b) To inspect it;

      (c) To cross-examine the witness thereon; and

      (d) To introduce in evidence those portions which relate to the testimony of the witness for the purpose of affecting the witness’s credibility.

      2.  If it is claimed that the writing contains matters not related to the subject matter of the testimony, the judge shall examine the writing in chambers, excise any portions not so related, and order delivery of the remainder to the party entitled thereto. Any portion withheld over objections shall be preserved and made available to the appellate court in the event of an appeal.

      3.  If a writing is not produced or delivered pursuant to order under this section, the judge shall make any order which justice requires, except that in criminal cases when the State elects not to comply, the order shall be one:

      (a) Striking the testimony; or

      (b) If the judge in his or her discretion determines that the interests of justice so require, declaring a mistrial.

      (Added to NRS by 1971, 790)

      NRS 50.135  Prior statements of witness.

      1.  In examining a witness concerning a prior statement made by the witness, whether written or not, the statement need not be shown or its contents disclosed to the witness, but on request the statement shall be shown or disclosed to opposing counsel.

      2.  Extrinsic evidence of a prior contradictory statement by a witness is inadmissible unless:

      (a) The statement fulfills all the conditions required by subsection 3 of NRS 51.035; or

      (b) The witness is afforded an opportunity to explain or deny the statement and the opposite party is afforded an opportunity to interrogate the witness thereon.

      (Added to NRS by 1971, 790)

      NRS 50.145  Calling and interrogation of witness by judge.

      1.  The judge may, on his or her own motion or at the suggestion of a party, call witnesses, and all parties are entitled to cross-examine witnesses thus called.

      2.  The judge may interrogate witnesses, whether called by the judge or by a party. The parties may object to questions so asked and to evidence thus adduced at any time prior to the submission of the cause.

      (Added to NRS by 1971, 790)

      NRS 50.155  Exclusion and sequestration of witnesses.

      1.  Except as otherwise provided in subsections 2 and 3, at the request of a party the judge shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and the judge may make the order of his or her own motion.

      2.  This section does not authorize the exclusion of:

      (a) A party who is a natural person;

      (b) An officer or employee of a party which is not a natural person designated as its representative by its attorney;

      (c) A person whose presence is shown by a party to be essential to the presentation of that party’s cause; or

      (d) Except as otherwise provided in NRS 171.204, any of the persons listed in subsection 1 of that section.

      3.  A person who is called as a witness primarily for the purpose of identifying the victim may not be excluded except in the discretion of the judge.

      (Added to NRS by 1971, 790; A 1995, 72, 997; 1997, 513)

ATTENDANCE OF WITNESSES

      NRS 50.165  Duty to appear and testify.

      1.  A witness, duly served with a subpoena, shall attend at the time appointed, with any papers under the witness’s control required by the subpoena, to answer all pertinent and legal questions, and, unless sooner discharged, to remain until the testimony is closed.

      2.  A person present in court or before a judicial officer may be required to testify in the same manner as if the person were in attendance upon a subpoena issued by such court or officer.

      (Added to NRS by 1971, 791)

      NRS 50.175  Witness protected from arrest when attending, going to and returning from court or other place of attendance.  Every person who has been, in good faith, served with a subpoena to attend as a witness before a court, judge, commissioner, master or other person, in a case where the disobedience of the witness may be punished as a contempt, is exonerated from arrest in a civil action while going to the place of attendance, necessarily remaining there, and returning therefrom.

      (Added to NRS by 1971, 791)

      NRS 50.185  Arrest of protected witness void; liability of arresting officer; affidavit of witness.

      1.  The arrest of a witness contrary to NRS 50.175 is void.

      2.  An officer is not liable to the party for making the arrest in ignorance of the facts creating the exoneration, but is liable for any subsequent detention of the party, if such party claims the exemption and makes an affidavit, stating:

      (a) That he or she has been served with a subpoena to attend as a witness before a court, officer or other person, specifying the same, the place of attendance and the action or proceeding in which the subpoena was issued; and

      (b) That he or she has not been thus served by his or her own procurement, with the intention of avoiding an arrest.

      (Added to NRS by 1971, 791)

      NRS 50.195  Penalties for disobedience.

      1.  Refusal to be sworn or to answer as a witness may be punished as a contempt by the court. In a civil action, if the person so refusing is a party, the court may strike any pleading on the person’s behalf, and may enter judgment against that person.

      2.  A witness disobeying a subpoena in a civil action shall also forfeit to the party aggrieved the sum of $100 and all damages which the party may sustain by the failure of the witness to attend, which forfeiture and damages may be recovered in a civil action.

      3.  A witness disobeying a subpoena issued on the part of a defendant in a criminal action shall also forfeit to the defendant the sum of $100, which may be recovered in a civil action, unless good cause can be shown for the witness’s nonattendance.

      (Added to NRS by 1971, 791)

      NRS 50.205  Warrant for arrest of witness failing to attend.  In case of failure of a witness to attend, the court or officer issuing the subpoena, upon proof of the service thereof and of the failure of the witness, may issue a warrant to the sheriff of the county to arrest the witness and bring the witness before the court or officer where the attendance of the witness was required.

      (Added to NRS by 1971, 791)

      NRS 50.215  Examination of prisoner as witness; notification of Department of Corrections required.

      1.  A person imprisoned in the state prison or in a county jail may be examined as a witness in the district court pursuant to this section. The examination may only be made on motion of a party upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality.

      2.  In a civil action, if the witness is imprisoned in the county where the action or proceeding is pending, production of the witness may be required by the court or judge. In all other cases, examination of the witness, when allowed, must be taken upon deposition.

      3.  In a criminal action, an order for that purpose may be made by the district court or district judge, at chambers, and executed by the sheriff of the county where the action is pending. Except as otherwise provided by NRS 209.274, the judge may order the sheriff to bring the prisoner before the court at the expense of the State or at the expense of the defendant.

      4.  If a person imprisoned in the state prison is required or requested to appear as a witness in any action, the Department of Corrections must be notified in writing:

      (a) Not less than 7 business days before the date scheduled for the person’s appearance in court if the offender is incarcerated:

             (1) In a prison located not more than 65 miles from Carson City;

             (2) In a prison located not more than 40 miles from Las Vegas; or

             (3) In a prison located not more than 95 miles from Ely.

      (b) Not less than 14 business days before the date scheduled for his or her appearance in court if the offender is incarcerated in a prison which is located at a distance which exceeds those specified in paragraph (a).

      (Added to NRS by 1971, 791; A 1995, 2596; 2001 Special Session, 214)

FEES OF WITNESSES

      NRS 50.225  Fees and expenses of witnesses.

      1.  For attending the courts of this State in any criminal case, or civil suit or proceeding before a court of record, master, commissioner, justice of the peace, or before the grand jury, in obedience to a subpoena, each witness is entitled:

      (a) To be paid a fee of $25 for each day’s attendance, including Sundays and holidays.

      (b) Except as otherwise provided in this paragraph, to be paid for attending a court of the county in which the witness resides at the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax for each mile necessarily and actually traveled from and returning to the place of residence by the shortest and most practical route. A board of county commissioners may provide that, for each mile so traveled to attend a court of the county in which the witness resides, each witness is entitled to be paid an amount equal to the allowance for travel by private conveyance established by the State Board of Examiners for state officers and employees generally. If the board of county commissioners so provides, each witness at any other hearing or proceeding held in that county who is entitled to receive the payment for mileage specified in this paragraph must be paid mileage in an amount equal to the allowance for travel by private conveyance established by the State Board of Examiners for state officers and employees generally.

      2.  In addition to the fee and payment for mileage specified in subsection 1, a board of county commissioners may provide that, for each day of attendance in a court of the county in which the witness resides, each witness is entitled to be paid the per diem allowance provided for state officers and employees generally. If the board of county commissioners so provides, each witness at any other hearing or proceeding held in that county who is a resident of that county and who is entitled to receive the fee specified in paragraph (a) of subsection 1 must be paid, in addition to that fee, the per diem allowance provided for state officers and employees generally.

      3.  If a witness is from without the county or, being a resident of another state, voluntarily appears as a witness at the request of the Attorney General or the district attorney and the board of county commissioners of the county in which the court is held, the witness is entitled to reimbursement for the actual and necessary expenses for going to and returning from the place where the court is held. The witness is also entitled to receive the same per diem allowance provided for state officers and employees generally.

      4.  Any person in attendance at a trial who is sworn as a witness is entitled to the fees, the per diem allowance, if any, travel expenses and any other reimbursement set forth in this section, irrespective of the service of a subpoena.

      5.  Witness fees, per diem allowances, travel expenses and other reimbursement in civil cases must be taxed as disbursement costs against the defeated party upon proof by affidavit that they have been actually incurred. Costs must not be allowed for more than two witnesses to the same fact or series of facts, and a party plaintiff or defendant must not be allowed any fees, per diem allowance, travel expenses or other reimbursement for attendance as a witness in his or her own behalf.

      6.  A person is not obligated to appear in a civil action or proceeding unless the person has been paid an amount equal to 1 day’s fees, the per diem allowance provided by the board of county commissioners pursuant to subsection 2, if any, and the travel expenses reimbursable pursuant to this section.

      (Added to NRS by 1971, 792; A 1975, 1422; 1977, 776; 1981, 367; 1987, 549; 1993, 920; 1995, 105; 2007, 582, 597)

      NRS 50.245  Cases from municipal court brought before district court.  Where criminal or quasi-criminal cases originating in the municipal court of an incorporated city are brought before the district court, the county clerk shall give a statement of the amounts due to witnesses to the district judge, who shall, upon approval thereof, by an order subscribed by the district judge, direct the city treasurer to pay the amounts due. Upon the production of the order, or a certified copy thereof, the city treasurer shall pay the sum specified therein out of any fund in the city treasury not otherwise specially appropriated or set apart. It is not necessary for such an order to be otherwise audited or approved.

      (Added to NRS by 1971, 792; A 1987, 550, 1717)

      NRS 50.255  Attorney not allowed fee as witness.  No attorney or counselor at law, in any case, shall be allowed any fees for attending as a witness in such case.

      (Added to NRS by 1971, 793)

OPINIONS AND EXPERT TESTIMONY

      NRS 50.260  “Prohibited substance” defined.  As used in NRS 50.260 to 50.345, inclusive, unless the context otherwise requires, “prohibited substance” has the meaning ascribed to it in NRS 484C.080.

      (Added to NRS by 1999, 3400)

      NRS 50.265  Opinions: Lay witnesses.  If the witness is not testifying as an expert, the witness’s testimony in the form of opinions or inferences is limited to those opinions or inferences which are:

      1.  Rationally based on the perception of the witness; and

      2.  Helpful to a clear understanding of the testimony of the witness or the determination of a fact in issue.

      (Added to NRS by 1971, 793)

      NRS 50.275  Testimony by experts.  If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by special knowledge, skill, experience, training or education may testify to matters within the scope of such knowledge.

      (Added to NRS by 1971, 793)

      NRS 50.285  Opinions: Experts.

      1.  The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing.

      2.  If of a type reasonably relied upon by experts in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence.

      (Added to NRS by 1971, 793)

      NRS 50.295  Opinions: Ultimate issues.  Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact.

      (Added to NRS by 1971, 793)

      NRS 50.305  Disclosure of facts and data underlying expert opinion.  The expert may testify in terms of opinion or inference and give his or her reasons therefor without prior disclosure of the underlying facts or data, unless the judge requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination.

      (Added to NRS by 1971, 793)

      NRS 50.310  Admissibility of affidavit or declaration of laboratory director regarding results of test performed by medical laboratory.

      1.  The affidavit or declaration of a laboratory director who has qualified in the district court of any county as an expert witness to testify regarding the results of a test of a medical laboratory is admissible in evidence in any civil, criminal or administrative proceeding to prove:

      (a) That the affiant or declarant is a laboratory director.

      (b) The results of a test that the medical laboratory is licensed to conduct and which is conducted by the medical laboratory of which the affiant or declarant is the laboratory director.

Ê The affidavit or declaration must contain the evidentiary foundation upon which the results of the test are based, including the description of the test, the personnel involved and the controls employed in conducting the test.

      2.  As used in this section:

      (a) “Laboratory director” has the meaning ascribed to it in NRS 652.050.

      (b) “Medical laboratory” has the meaning ascribed to it in NRS 652.060.

      (Added to NRS by 1993, 248; A 1997, 1418)

      NRS 50.315  Admissibility of affidavit or declaration offered to prove certain facts concerning use of certain devices or withdrawal or holding of evidence related to determining presence of alcohol, controlled substance, chemical, poison, organic solvent or another prohibited substance.

      1.  Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person is admissible in evidence in any criminal or administrative proceeding to prove:

      (a) That the affiant or declarant has been certified by the Director of the Department of Public Safety as being competent to operate devices of a type certified by the Committee on Testing for Intoxication as accurate and reliable for testing a person’s breath to determine the concentration of alcohol in his or her breath;

      (b) The identity of a person from whom the affiant or declarant obtained a sample of breath; and

      (c) That the affiant or declarant tested the sample using a device of a type so certified and that the device was functioning properly.

      2.  Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who has examined a prepared chemical solution or gas that has been used in calibrating, or verifying the calibration of, a device for testing another’s breath to determine the concentration of alcohol in his or her breath is admissible in evidence in any criminal or administrative proceeding to prove:

      (a) The occupation of the affiant or declarant; and

      (b) That the solution or gas has the chemical composition necessary for use in accurately calibrating, or verifying the calibration of, the device.

      3.  Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who calibrates a device for testing another’s breath to determine the concentration of alcohol in his or her breath is admissible in evidence in any criminal or administrative proceeding to prove:

      (a) The occupation of the affiant or declarant;

      (b) That on a specified date the affiant or declarant calibrated the device at a named law enforcement agency by using the procedures and equipment prescribed in the regulations of the Committee on Testing for Intoxication;

      (c) That the calibration was performed within the period required by the Committee’s regulations; and

      (d) Upon completing the calibration of the device, it was operating properly.

      4.  Except as otherwise provided in subsections 6 and 7, the affidavit or declaration made under the penalty of perjury of a person who withdraws a sample of blood from another for analysis by an expert as set forth in NRS 50.320 is admissible in any criminal or administrative proceeding to prove:

      (a) The occupation of the affiant or declarant;

      (b) The identity of the person from whom the affiant or declarant withdrew the sample;

      (c) The fact that the affiant or declarant kept the sample in his or her sole custody or control and in substantially the same condition as when he or she first obtained it until delivering it to another; and

      (d) The identity of the person to whom the affiant or declarant delivered it.

      5.  Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who receives from another a sample of blood or urine or other tangible evidence that is alleged to contain alcohol or a controlled substance, chemical, poison, organic solvent or another prohibited substance may be admitted in any criminal or civil or administrative proceeding to prove:

      (a) The occupation of the affiant or declarant;

      (b) The fact that the affiant or declarant received a sample or other evidence from another person and kept it in his or her sole custody or control in substantially the same condition as when he or she first received it until delivering it to another; and

      (c) The identity of the person to whom the affiant or declarant delivered it.

      6.  If, at or before the time of trial, the defendant establishes that:

      (a) There is a substantial and bona fide dispute regarding the facts in the affidavit or declaration; and

      (b) It is in the best interests of justice that the witness who signed the affidavit or declaration be cross-examined,

Ê the court may order the prosecution to produce the witness and may continue the trial for any time the court deems reasonably necessary to receive such testimony. The time within which a trial is required is extended by the time of the continuance.

      7.  During any trial in which the defendant has been accused of committing a felony, the defendant may object in writing to admitting into evidence an affidavit or declaration described in this section. If the defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecution may cause the person to testify to any information contained in the affidavit or declaration.

      8.  The Committee on Testing for Intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section.

      (Added to NRS by 1971, 929, 2048; A 1973, 891; 1975, 647; 1983, 1084, 1914; 1985, 1972; 1987, 798, 1544, 1579; 1989, 77; 1993, 84, 2079; 1995, 2712; 1997, 1419; 1999, 2468, 3400; 2001, 172, 2555; 2005, 2044; 2007, 396; 2013, 289)

      NRS 50.320  Admissibility of affidavit or declaration of chemist or other expert witness regarding presence in breath, blood or urine of alcohol, controlled substance, chemical, poison, organic solvent or another prohibited substance or regarding identity or quantity of controlled substance possessed.

      1.  The affidavit or declaration of a chemist and any other person who has qualified in a court of record in this State to testify as an expert witness regarding the presence in the breath, blood or urine of a person of alcohol, a controlled substance, or a chemical, poison, organic solvent or another prohibited substance, or the identity or quantity of a controlled substance alleged to have been in the possession of a person, which is submitted to prove:

      (a) The quantity of the purported controlled substance; or

      (b) The concentration of alcohol or the presence or absence of a controlled substance, chemical, poison, organic solvent or another prohibited substance, as the case may be,

Ê is admissible in the manner provided in this section.

      2.  An affidavit or declaration which is submitted to prove any fact set forth in subsection 1 must be admitted into evidence when submitted during any administrative proceeding, preliminary hearing or hearing before a grand jury. The court shall not sustain any objection to the admission of such an affidavit or declaration.

      3.  The defendant may object in writing to admitting into evidence an affidavit or declaration submitted to prove any fact set forth in subsection 1 during the defendant’s trial. If the defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecuting attorney may cause the person to testify to any information contained in the affidavit or declaration.

      4.  The Committee on Testing for Intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section.

      5.  As used in this section, “chemist” means any person employed in a medical laboratory, pathology laboratory, toxicology laboratory or forensic laboratory whose duties include, without limitation:

      (a) The analysis of the breath, blood or urine of a person to determine the presence or quantification of alcohol or a controlled substance, chemical, poison, organic solvent or another prohibited substance; or

      (b) Determining the identity or quantity of any controlled substance.

      (Added to NRS by 1995, 2712; A 1997, 1420; 1999, 443, 2469, 3402; 2001, 172; 2005, 2046; 2007, 397; 2009, 32)

      NRS 50.325  Procedure for admission of affidavit or declaration of expert or other person to prove existence of alcohol, quantity of controlled substance or existence or identity of controlled substance, chemical, poison, organic solvent or another prohibited substance in prosecution of certain criminal offenses.

      1.  If a person is charged with an offense listed in subsection 4, and it is necessary to prove:

      (a) The existence of any alcohol;

      (b) The quantity of a controlled substance; or

      (c) The existence or identity of a controlled substance, chemical, poison, organic solvent or another prohibited substance,

Ê the prosecuting attorney may request that the affidavit or declaration of an expert or other person described in NRS 50.315 and 50.320 be admitted into evidence at the preliminary hearing, hearing before a grand jury or trial concerning the offense. Except as otherwise provided in NRS 50.315 and 50.320, the affidavit or declaration must be admitted into evidence at the trial.

      2.  If the request is to have the affidavit or declaration admitted into evidence at a preliminary hearing or hearing before a grand jury, the affidavit or declaration must be admitted into evidence upon submission. If the request is to have the affidavit or declaration admitted into evidence at trial, the request must be:

      (a) Made at least 10 days before the date set for the trial;

      (b) Sent to the defendant’s counsel and to the defendant, by registered or certified mail, or personally served on the defendant’s counsel or the defendant; and

      (c) Accompanied by a copy of the affidavit or declaration and the name, address and telephone number of the affiant or declarant.

      3.  The provisions of this section do not prohibit either party from producing any witness to offer testimony at trial.

      4.  The provisions of this section apply to any of the following offenses:

      (a) An offense punishable pursuant to NRS 202.257, 455A.170, 455B.080, 493.130 or 639.283.

      (b) An offense punishable pursuant to chapter 453, 484A to 484E, inclusive, or 488 of NRS.

      (c) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425.

      (d) Any other offense for which it is necessary to prove, as an element of the offense:

             (1) The existence of any alcohol;

             (2) The quantity of a controlled substance; or

             (3) The existence or identity of a controlled substance, chemical, poison, organic solvent or another prohibited substance.

      (Added to NRS by 1971, 929; A 1973, 891; 1975, 648; 1983, 111, 1084, 1916; 1987, 302, 765, 1546, 1575; 1989, 78, 1908; 1993, 85; 1995, 2714; 1997, 332; 1999, 3402; 2005, 161, 2046; 2007, 398; 2009, 32)

      NRS 50.330  Testimony given pursuant to NRS 50.315 or 50.320 may be given by use of simultaneous audiovisual transmission; requirements for use.  Any testimony given pursuant to NRS 50.315 or 50.320 may be given by means of simultaneous audiovisual transmission accomplished through the use of:

      1.  One or more cameras at a location other than the courtroom that depict the witness in real time so that the defendant, the defendant’s counsel, the prosecutor, the court and the jury, if any, can see the witness in his or her entirety; and

      2.  One or more cameras in the courtroom that depict the defendant, the defendant’s counsel, the prosecutor, the court and the jury, if any, in real time on a screen visible to the witness who is at another location.

      (Added to NRS by 2007, 396)

      NRS 50.345  Expert testimony to show victim’s behavior or condition is consistent with behavior or condition of victim of sexual assault.  In any prosecution for sexual assault, expert testimony is not inadmissible to show that the victim’s behavior or mental or physical condition is consistent with the behavior or condition of a victim of sexual assault.

      (Added to NRS by 1985, 843)

DESIGNATION OF ATTENDANT TO PROVIDE SUPPORT TO VICTIM OF ACT OF DOMESTIC VIOLENCE

      NRS 50.400  Applicability to proceedings in civil actions; qualifications, duties and limitations on conduct of attendant; designation of attendant as witness; “victim of an act of domestic violence pursuant to NRS 33.018” defined.

      1.  In any civil action involving a victim of an act of domestic violence pursuant to NRS 33.018, the victim may designate a person to act as an attendant during any proceeding to provide support to the victim.

      2.  The victim may designate any person to act as an attendant.

      3.  An attendant:

      (a) Is not required to possess or obtain any special qualifications, such as certification or training, to serve as an attendant pursuant to this section.

      (b) Shall be available to provide moral and emotional support to the victim.

      (c) Shall be available to assist the victim in feeling more confident that the victim will not be injured or threatened at any time during any proceeding.

      (d) Unless otherwise ordered by the court, must be allowed to be present in close proximity to the victim during any proceeding.

      4.  Unless the attendant is an attorney licensed or otherwise authorized to practice in this State, the attendant shall not provide any legal advice to the victim. Any action taken by the attendant in accordance with this section shall be deemed not to constitute the unauthorized practice of law pursuant to NRS 7.285.

      5.  The attendant may be designated by a party as a witness and must not be excluded from the proceedings. If a party designates the attendant as a witness, the attendant must be examined and cross-examined before any other witness testifies.

      6.  For the purposes of this section, “victim of an act of domestic violence pursuant to NRS 33.018” includes any person who alleges that he or she is a victim of an act of domestic violence pursuant to NRS 33.018, regardless of whether or not the alleged perpetrator of the act of domestic violence has been charged with or convicted of any criminal offense related to that act.

      (Added to NRS by 2003, 542)

UNIFORM CHILD WITNESS TESTIMONY BY ALTERNATIVE METHODS ACT

      NRS 50.500  Short title.  The provisions of NRS 50.500 to 50.620, inclusive, may be cited as the Uniform Child Witness Testimony by Alternative Methods Act.

      (Added to NRS by 2003, 988)

      NRS 50.510  Definitions.  As used in NRS 50.500 to 50.620, inclusive, unless the context otherwise requires, the words and terms defined in NRS 50.520 to 50.550, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2003, 988)

      NRS 50.520  “Alternative method” defined.  “Alternative method” means a method by which a child witness testifies which does not include all of the following:

      1.  Having the child testify in person in an open forum;

      2.  Having the child testify in the presence and full view of the finder of fact and presiding officer; and

      3.  Allowing all of the parties to be present, to participate and to view and be viewed by the child.

      (Added to NRS by 2003, 988)

      NRS 50.530  “Child witness” defined.  “Child witness” means a child under the age of 14 years who has been or will be called to testify in a proceeding.

      (Added to NRS by 2003, 988)

      NRS 50.540  “Criminal proceeding” defined.  “Criminal proceeding” means:

      1.  A trial or hearing before a court in a prosecution of a person charged with violating a criminal law of this State; or

      2.  A delinquency proceeding which is conducted pursuant to title 5 of NRS.

      (Added to NRS by 2003, 988)

      NRS 50.550  “Noncriminal proceeding” defined.  “Noncriminal proceeding” means a trial or hearing before a court or an administrative agency of this State having judicial or quasi-judicial powers, other than a criminal proceeding.

      (Added to NRS by 2003, 988)

      NRS 50.560  Applicability.

      1.  The provisions of NRS 50.500 to 50.620, inclusive, apply to the testimony of a child witness in a criminal or noncriminal proceeding.

      2.  The provisions of NRS 50.500 to 50.620, inclusive, do not preclude:

      (a) In a noncriminal proceeding, any other procedure permitted by law for a child witness to testify; or

      (b) In a delinquency proceeding which is conducted pursuant to title 5 of NRS, testimony by a child witness in a closed forum as authorized by NRS 62D.010.

      (Added to NRS by 2003, 988)

      NRS 50.570  Hearing to determine whether to allow testimony by alternative method.

      1.  The presiding officer in a criminal or noncriminal proceeding:

      (a) May order a hearing to determine whether to allow a child witness to testify by an alternative method.

      (b) For good cause shown, shall order the hearing upon motion of a party, a child witness, or a natural person determined by the presiding officer to have sufficient standing to act on behalf of the child.

      2.  A hearing to determine whether to allow a child witness to testify by an alternative method must be conducted on the record after reasonable notice to all parties, any nonparty movant, and any other person the presiding officer specifies. The child’s presence is not required at the hearing unless ordered by the presiding officer. In conducting the hearing, the presiding officer is not bound by rules of evidence except the rules of privilege.

      (Added to NRS by 2003, 988)

      NRS 50.580  Standards for determining whether child witness may testify by alternative method.

      1.  In a criminal proceeding, the presiding officer may allow a child witness to testify by an alternative method only in the following situations:

      (a) The child may testify otherwise than in an open forum in the presence and full view of the finder of fact if the presiding officer finds by clear and convincing evidence that the child would suffer serious emotional trauma that would substantially impair the child’s ability to communicate with the finder of fact if required to testify in the open forum.

      (b) The child may testify other than face-to-face with the defendant if the presiding officer finds by clear and convincing evidence that the child would suffer serious emotional trauma that would substantially impair the child’s ability to communicate with the finder of fact if required to be confronted face-to-face by the defendant.

      2.  In a noncriminal proceeding, the presiding officer may allow a child witness to testify by an alternative method if the presiding officer finds by a preponderance of the evidence that allowing the child to testify by an alternative method is necessary to serve the best interests of the child or enable the child to communicate with the finder of fact. In making this finding, the presiding officer shall consider:

      (a) The nature of the proceeding;

      (b) The age and maturity of the child;

      (c) The relationship of the child to the parties in the proceeding;

      (d) The nature and degree of emotional trauma that the child may suffer in testifying; and

      (e) Any other relevant factor.

      (Added to NRS by 2003, 989)

      NRS 50.590  Factors for determining whether to permit alternative method.  If the presiding officer determines that a standard pursuant to NRS 50.580 has been met, the presiding officer shall determine whether to allow a child witness to testify by an alternative method. In making this determination, the presiding officer shall consider:

      1.  Alternative methods reasonably available;

      2.  Available means for protecting the interests of or reducing emotional trauma to the child without resorting to an alternative method;

      3.  The nature of the case;

      4.  The relative rights of the parties;

      5.  The importance of the proposed testimony of the child;

      6.  The nature and degree of emotional trauma that the child may suffer if an alternative method is not used; and

      7.  Any other relevant factor.

      (Added to NRS by 2003, 989)

      NRS 50.600  Order regarding testimony by alternative method.

      1.  An order allowing or disallowing a child witness to testify by an alternative method must state the findings of fact and conclusions of law that support the presiding officer’s determination.

      2.  An order allowing a child witness to testify by an alternative method must:

      (a) State the method by which the child is to testify;

      (b) List any natural person or category of natural person allowed to be in, or required to be excluded from, the presence of the child during the testimony;

      (c) State any special conditions necessary to facilitate a party’s right to examine or cross-examine the child;

      (d) State any condition or limitation upon the participation of natural persons present during the testimony of the child; and

      (e) State any other condition necessary for taking or presenting the testimony.

      3.  The alternative method ordered by the presiding officer may be no more restrictive of the rights of the parties than is necessary under the circumstances to serve the purposes of the order.

      (Added to NRS by 2003, 989)

      NRS 50.610  Right of party to examine child witness.  An alternative method ordered by the presiding officer must permit a full and fair opportunity for examination or cross-examination of the child witness by each party.

      (Added to NRS by 2003, 990)

      NRS 50.620  Uniformity of application and construction.  In applying and construing the Uniform Child Witness Testimony by Alternative Methods Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

      (Added to NRS by 2003, 990)