NRS 172.137
Use of affidavit before grand jury: When permitted

  • notice by district attorney
  • circumstances under which district attorney must produce person who signed affidavit
  • continuances.

1.

If a witness resides outside this State or more than 100 miles from the place of a grand jury proceeding, the witness’s affidavit may be used at the proceeding if it is necessary for the district attorney to establish as an element of any offense that:

(a)

The witness was the owner, possessor or occupant of real or personal property; and

(b)

The defendant did not have the permission of the witness to enter, occupy, possess or control the real or personal property of the witness.

2.

If a financial institution does not maintain any principal or branch office within this State or if a financial institution that maintains a principal or branch office within this State does not maintain any such office within 100 miles of the place of a grand jury proceeding, the affidavit of a custodian of the records of the financial institution or the affidavit of any other qualified person of the financial institution may be used at the proceeding if it is necessary for the district attorney to establish as an element of any offense that:

(a)

When a check or draft naming the financial institution as drawee was drawn or passed, the account or purported account upon which the check or draft was drawn did not exist, was closed or held insufficient money, property or credit to pay the check or draft in full upon its presentation; or

(b)

When a check or draft naming the financial institution as drawee was presented for payment to the financial institution, the account or purported account upon which the check or draft was drawn did not exist, was closed or held insufficient money, property or credit to pay the check or draft in full.

3.

If the defendant has been subpoenaed to appear before the grand jury or if the defendant has requested to testify pursuant to NRS 172.241, the district attorney shall provide either written or oral notice to the defendant, within a reasonable time before the scheduled proceeding of the grand jury, that an affidavit described in this section will be used at the proceeding.

4.

If, at or before the time of the proceeding, the defendant establishes that:

(a)

There is a substantial and bona fide dispute as to the facts in an affidavit described in this section; and

(b)

It is in the best interests of justice that the person who signed the affidavit be examined or cross-examined,
Ê the grand jury may request that the district attorney produce the person who signed the affidavit and may continue the proceeding for any time it deems reasonably necessary in order to receive such testimony.

Source: Section 172.137 — Use of affidavit before grand jury: When permitted; notice by district attorney; circumstances under which district attorney must produce person who signed affidavit; continuances., https://www.­leg.­state.­nv.­us/NRS/NRS-172.­html#NRS172Sec137.

172.105
Powers. 172.107
Limitations on use of grand jury. 172.135
Evidence receivable before grand jury. 172.137
Use of affidavit before grand jury: When permitted 172.138
Use of audiovisual technology to present live testimony before grand jury: Requirements. 172.139
District attorney and grand jury prohibited from questioning attorney regarding matters learned for client or issuing subpoena for work done by attorney for client. 172.145
Defendant entitled to submit statement regarding preliminary hearing which grand jury must receive 172.155
Degree of evidence to warrant indictment 172.165
Grand juror must declare knowledge as to commission of public offense 172.175
Matters into which grand jury shall and may inquire. 172.185
Grand jury entitled to enter jails and examine records. 172.195
Issuance of subpoenas by grand jury 172.197
Procedure when person subpoenaed to appear before grand jury intends to assert constitutional privilege against self-incrimination. 172.205
Power to engage services of skilled persons. 172.215
Certified court reporter: Appointment 172.225
Transcripts: Preparation 172.235
Who may be present when grand jury is in session. 172.239
Legal counsel for certain persons who appear before grand jury. 172.241
Right of certain persons to appear before grand jury 172.245
Secrecy of proceedings of grand jury 172.255
Finding and return of presentment or indictment 172.259
Publication of fact that no indictment was issued by grand jury. 172.265
Names of witnesses inserted or endorsed at foot of indictment. 172.267
Report of grand jury: Scope 172.269
Report of grand jury: Inclusion of recommendations to public officers or agencies 172.271
Report of grand jury: Preliminary review by court
Last Updated

Jun. 24, 2021

§ 172.137’s source at nv​.us