NRS 174.228
Videotaped depositions: Use.


A court may allow a videotaped deposition to be used instead of the deponent’s testimony at trial only if:

1.

In the case of a victim of sexual abuse, as that term is defined in NRS 432B.100:

(a)

Before the deposition is taken, a hearing is held by a justice of the peace or district judge who finds that:

(1)

The use of the videotaped deposition in lieu of testimony at trial is necessary to protect the welfare of the victim; and

(2)

The presence of the accused at trial would inflict trauma, more than minimal in degree, upon the victim; and

(b)

At the time a party seeks to use the deposition, the court determines that the conditions set forth in subparagraphs (1) and (2) of paragraph (a) continue to exist. The court may hold a hearing before the use of the deposition to make its determination.

2.

In the case of a victim of sex trafficking as that term is defined in subsection 2 of NRS 201.300 or a victim of facilitating sex trafficking as that term is defined in subsection 1 of NRS 201.301:

(a)

Before the deposition is taken, a hearing is held by a justice of the peace or district judge and the justice or judge finds that cause exists pursuant to paragraph (c) of subsection 1 of NRS 174.227; and

(b)

Before allowing the videotaped deposition to be used at trial, the court finds that the victim is unavailable as a witness.

3.

In all cases:

(a)

A justice of the peace or district judge presides over the taking of the deposition;

(b)

The accused is able to hear and see the proceedings;

(c)

The accused is represented by counsel who, if physically separated from the accused, is able to communicate orally with the accused by electronic means;

(d)

The accused is given an adequate opportunity to cross-examine the deponent subject to the protection of the deponent deemed necessary by the court; and

(e)

The deponent testifies under oath.

Source: Section 174.228 — Videotaped depositions: Use., https://www.­leg.­state.­nv.­us/NRS/NRS-174.­html#NRS174Sec228.

Last Updated

Jun. 24, 2021

§ 174.228’s source at nv​.us