NRS 172.241
Right of certain persons to appear before grand jury

  • notice of consideration of indictment
  • withholding of notice
  • effect of inadequate notice.

1.

A person whose indictment the district attorney intends to seek or the grand jury on its own motion intends to return, but who has not been subpoenaed to appear before the grand jury, may testify before the grand jury if the person requests to do so and executes a valid waiver in writing of the person’s constitutional privilege against self-incrimination.

2.

A district attorney or a peace officer shall serve reasonable notice upon a person whose indictment is being considered by a grand jury unless the court determines that adequate cause exists to withhold notice. The notice is adequate if it:

(a)

Is given to the person, the person’s attorney of record or an attorney who claims to represent the person and gives the person not less than 5 judicial days to submit a request to testify to the district attorney; and

(b)

Advises the person that the person may testify before the grand jury only if the person submits a written request to the district attorney and includes an address where the district attorney may send a notice of the date, time and place of the scheduled proceeding of the grand jury.

3.

The district attorney may apply to the court for a determination that adequate cause exists to withhold notice if the district attorney:

(a)

Determines that the notice may result in the flight of the person whose indictment is being considered, on the basis of:

(1)

A previous failure of the person to appear in matters arising out of the subject matter of the proposed indictment;

(2)

The fact that the person is a fugitive from justice arising from charges in another jurisdiction;

(3)

Outstanding local warrants pending against the person; or

(4)

Any other objective factor;

(b)

Determines that the notice may endanger the life or property of other persons; or

(c)

Is unable, after reasonable diligence, to notify the person.

4.

If a district attorney applies to the court for a determination that adequate cause exists to withhold notice, the court shall hold a closed hearing on the matter. Upon a finding of adequate cause, the court may order that no notice be given.

5.

If notice required to be served upon a person pursuant to subsection 2 is not adequate, the person must be given the opportunity to testify before the grand jury. If the person testifies pursuant to this subsection, the grand jury must be instructed to deliberate again on all the charges contained in the indictment following such testimony.

Source: Section 172.241 — Right of certain persons to appear before grand jury; notice of consideration of indictment; withholding of notice; effect of inadequate notice., https://www.­leg.­state.­nv.­us/NRS/NRS-172.­html#NRS172Sec241.

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

§ 172.241’s source at nv​.us