[Rev. 11/21/2013 9:58:58 AM--2013]

CHAPTER 189 - JUSTICE COURTS

PROCEDURE IN JUSTICE COURTS

NRS 189.005           Applicability of other provisions of title.

NRS 189.007           Grounds for dismissal of complaint.

APPEALS TO DISTRICT COURT

Appeal by Defendant

NRS 189.010           Appeal must be taken within 10 days.

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

NRS 189.030           Transmission of transcript, other papers, sound recording and copy of docket to district court.

NRS 189.035           Procedure where transcript defective.

NRS 189.050           Action to be judged on record.

NRS 189.060           Grounds for dismissal of appeal; enforcement of judgment.

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

NRS 189.070           Grounds for dismissal of complaint on appeal.

 

Appeal by State

NRS 189.120           Appeal by State from order granting defendant’s motion to suppress evidence.

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PROCEDURE IN JUSTICE COURTS

      NRS 189.005  Applicability of other provisions of title.  Except as otherwise expressly provided in this chapter, criminal proceedings in justice courts are governed by the provisions of this title.

      (Added to NRS by 1967, 1467)

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

      1.  That the justice of the peace does not have jurisdiction of the offense.

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

      3.  That the facts stated do not constitute a public offense.

      (Added to NRS by 1979, 36)

APPEALS TO DISTRICT COURT

Appeal by Defendant

      NRS 189.010  Appeal must be taken within 10 days.  Except as otherwise provided in NRS 177.015, a defendant in a criminal action tried before a justice of the peace may appeal from the final judgment therein to the district court of the county where the court of the justice of the peace is held, at any time within 10 days from the time of the rendition of the judgment.

      [1911 Cr. Prac. § 662; RL § 7512; NCL § 11309]—(NRS A 1995, 1536)

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

      1.  The party intending to appeal must file with the justice 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 to appeal 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 A 1967, 1467)

      NRS 189.030  Transmission of transcript, other papers, sound recording and copy of docket to district court.

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

      2.  The justice shall give notice to the appellant or the appellant’s attorney that the transcript and all other papers relating to the case have been filed with the clerk of the district court.

      3.  If the district judge so requests, before or after receiving the record, the justice of the peace shall transmit to the district judge the sound recording of the case.

      [1911 Cr. Prac. § 664; RL § 7514; NCL § 11311]—(NRS A 1973, 631; 1979, 1512)

      NRS 189.035  Procedure where transcript defective.

      1.  Except as provided in subsection 2, if the district court finds that the transcript of a case which was recorded by sound recording equipment is materially or extensively defective, the case must be returned for retrial in the justice court from which it came.

      2.  If all parties to the appeal stipulate to being bound by a particular transcript of the proceedings in the justice court, or stipulate to a particular change in the transcript, an appeal based on that transcript as accepted or changed may be heard by the district court without regard to any defects in the transcript.

      (Added to NRS by 1979, 1512)

      NRS 189.050  Action to be judged on record.  An appeal duly perfected transfers the action to the district court to be judged on the record.

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

      NRS 189.060  Grounds for dismissal of appeal; enforcement of judgment.

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

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

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

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

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

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

      1.  An appeal must be dismissed by the district court unless perfected by application of the defendant, within 60 days after the appeal is filed in the justice court, by having it set for hearing.

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

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

      NRS 189.070  Grounds for dismissal of complaint on appeal.  Any complaint, upon motion of the defendant, may be dismissed upon any of the following grounds:

      1.  That the justice of the peace did not have jurisdiction of the offense.

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

      3.  That the facts stated do not constitute a public offense.

      [1911 Cr. Prac. § 667; RL § 7517; NCL § 11314]—(NRS A 1979, 36)

Appeal by State

      NRS 189.120  Appeal by State from order granting defendant’s motion to suppress evidence.

      1.  The State may appeal to the district court from an order of a justice court granting the motion of a defendant to suppress evidence.

      2.  Such an appeal shall be taken:

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

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

      3.  Upon perfecting such an appeal:

      (a) After the commencement of a trial or preliminary examination, further proceedings in the trial shall be stayed pending the final determination of the appeal.

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

      (Added to NRS by 1969, 1079)