NRS 50.325
Procedure for admission of affidavit or declaration of expert or other person to prove existence of alcohol, quantity of controlled substance or existence or identity of controlled substance, chemical, poison, organic solvent or another prohibited substance in prosecution of certain criminal offenses.

1.

If a person is charged with an offense listed in subsection 4, and it is necessary to prove:

(a)

The existence of any alcohol;

(b)

The quantity of a controlled substance; or

(c)

The existence or identity of a controlled substance, chemical, poison, organic solvent or another prohibited substance,
Ê the prosecuting attorney may request that the affidavit or declaration of an expert or other person described in NRS 50.315 and 50.320 be admitted into evidence at the preliminary hearing, hearing before a grand jury or trial concerning the offense. Except as otherwise provided in NRS 50.315 and 50.320, the affidavit or declaration must be admitted into evidence at the trial.

2.

If the request is to have the affidavit or declaration admitted into evidence at a preliminary hearing or hearing before a grand jury, the affidavit or declaration must be admitted into evidence upon submission. If the request is to have the affidavit or declaration admitted into evidence at trial, the request must be:

(a)

Made at least 10 days before the date set for the trial;

(b)

Sent to the defendant’s counsel and to the defendant, by registered or certified mail, or personally served on the defendant’s counsel or the defendant; and

(c)

Accompanied by a copy of the affidavit or declaration and the name, address and telephone number of the affiant or declarant.

3.

The provisions of this section do not prohibit either party from producing any witness to offer testimony at trial.

4.

The provisions of this section apply to any of the following offenses:

(a)

An offense punishable pursuant to NRS 202.257, 455A.170, 455B.080, 493.130 or 639.283.

(b)

An offense punishable pursuant to chapter 453, 484A to 484E, inclusive, or 488 of NRS.

(c)

A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425.

(d)

Any other offense for which it is necessary to prove, as an element of the offense:

(1)

The existence of any alcohol;

(2)

The quantity of a controlled substance; or

(3)

The existence or identity of a controlled substance, chemical, poison, organic solvent or another prohibited substance.

Source: Section 50.325 — Procedure for admission of affidavit or declaration of expert or other person to prove existence of alcohol, quantity of controlled substance or existence or identity of controlled substance, chemical, poison, organic solvent or another prohibited substance in prosecution of certain criminal offenses., https://www.­leg.­state.­nv.­us/NRS/NRS-050.­html#NRS050Sec325.

50.015
General rule of competency. 50.025
Lack of personal knowledge. 50.035
Oath or affirmation. 50.045
Interpreters. 50.050
Interpreters for person with communications disability: Definitions 50.051
Interpreters for person with communications disability: Appointment required in criminal proceedings. 50.052
Interpreters for person with communications disability: Replacement 50.053
Interpreters for person with communications disability: Oath 50.054
Interpreter for person with limited English proficiency: Eligibility 50.055
Competency: Judge as witness. 50.065
Competency: Juror as witness. 50.067
Competency: Receipt of certain care or counseling. 50.068
Competency: Defendant who agrees to testify against another defendant pursuant to plea bargain. 50.070
Termination or threat of termination of employment because of service as witness prohibited 50.075
Who may impeach. 50.085
Evidence of character and conduct of witness. 50.090
Evidence of previous sexual conduct of victim of sexual assault or statutory sexual seduction inadmissible to challenge victim’s credibility 50.095
Impeachment by evidence of conviction of crime. 50.105
Religious beliefs or opinions. 50.115
Mode and order of interrogation and presentation. 50.125
Writing used to refresh memory. 50.135
Prior statements of witness. 50.145
Calling and interrogation of witness by judge. 50.155
Exclusion and sequestration of witnesses. 50.165
Duty to appear and testify. 50.175
Witness protected from arrest when attending, going to and returning from court or other place of attendance. 50.185
Arrest of protected witness void 50.195
Penalties for disobedience. 50.205
Warrant for arrest of witness failing to attend 50.215
Examination of prisoner as witness 50.225
Fees and expenses of witnesses. 50.245
Cases from municipal court brought before district court. 50.255
Attorney not allowed fee as witness. 50.260
“Prohibited substance” defined. 50.265
Opinions: Lay witnesses. 50.275
Testimony by experts. 50.285
Opinions: Experts. 50.295
Opinions: Ultimate issues. 50.305
Disclosure of facts and data underlying expert opinion. 50.310
Admissibility of affidavit or declaration of laboratory director regarding results of test performed by medical laboratory. 50.315
Admissibility of affidavit or declaration offered to prove certain facts concerning use of certain devices or withdrawal or holding of evidence related to determining presence of alcohol, controlled substance, chemical, poison, organic solvent or another prohibited substance. 50.320
Admissibility of affidavit or declaration of chemist or other expert witness regarding presence in breath, blood or urine of alcohol, controlled substance, chemical, poison, organic solvent or another prohibited substance or regarding identity or quantity of controlled substance possessed. 50.325
Procedure for admission of affidavit or declaration of expert or other person to prove existence of alcohol, quantity of controlled substance or existence or identity of controlled substance, chemical, poison, organic solvent or another prohibited substance in prosecution of certain criminal offenses. 50.345
Expert testimony to show victim’s behavior or condition is consistent with behavior or condition of victim of sexual assault. 50.350
Expert testimony which concerns behavior of defendant in preparing child or vulnerable person for sexual abuse. 50.500
Short title. 50.510
Definitions. 50.0515
Interpreters for person with communications disability: Appointment of registered legal interpreter required 50.520
“Alternative method” defined. 50.530
“Child witness” defined. 50.540
“Criminal proceeding” defined. 50.0545
Interpreter for person with limited English proficiency: Appointment required in criminal proceedings 50.550
“Noncriminal proceeding” defined. 50.560
Applicability. 50.570
Hearing to determine whether to allow testimony by alternative method. 50.580
Standards for determining whether child witness may testify by alternative method. 50.590
Factors for determining whether to permit alternative method. 50.600
Order regarding testimony by alternative method. 50.610
Right of party to examine child witness. 50.620
Uniformity of application and construction. 50.700
Court may not order victim or witness to take or submit to psychological or psychiatric examination
Last Updated

Jun. 24, 2021

§ 50.325’s source at nv​.us