Nevada Code § 171.1965

Discovery by defendant before preliminary examination; material subject to discovery; effect of failure to permit discovery
Open in Lexace · Ask the AI about this section
1. At the time a person is brought before
a magistrate pursuant to NRS 171.178 , or
as soon as practicable thereafter, but not less than 5 judicial days before a
preliminary examination, the prosecuting attorney shall provide a defendant
charged with a felony or a gross misdemeanor with copies of any:
(a) Written or recorded statements or confessions
made by the defendant, or any written or recorded statements made by a witness
or witnesses, or any reports of statements or confessions, or copies thereof,
within the possession or custody of the prosecuting attorney;
(b) Results or reports of physical or mental
examinations, scientific tests or scientific experiments made in connection
with the particular case, or copies thereof, within the possession or custody
of the prosecuting attorney; and
(c) Books, papers, documents or tangible objects
that the prosecuting attorney intends to introduce in evidence during the case
in chief of the State, or copies thereof, within the possession or custody of
the prosecuting attorney.
2. The defendant is not entitled, pursuant
to the provisions of this section, to the discovery or inspection of:
(a) An internal report, document or memorandum
that is prepared by or on behalf of the prosecuting attorney in connection with
the investigation or prosecution of the case.
(b) A statement, report, book, paper, document,
tangible object or any other type of item or information that is privileged or
protected from disclosure or inspection pursuant to the Constitution or laws of
this State or the Constitution of the United States.
3. The provisions of this section are not
intended to affect any obligation placed upon the prosecuting attorney by the
Constitution of this State or the Constitution of the United States to disclose
exculpatory evidence to the defendant.
4. The magistrate shall not postpone a
preliminary examination at the request of a party based solely on the failure
of the prosecuting attorney to permit the defendant to inspect, copy or
photograph material as required in this section, unless the court finds that
the defendant has been prejudiced by such failure.

‹ Prev All Nevada sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.