NRS
171.196 Preliminary examination: Waiver; time for conducting;
postponement; introduction of evidence and cross-examination of witnesses by
defendant; admissibility of hearsay evidence.
1. If an offense is not triable in the
Justice Court, the defendant must not be called upon to plead. If the defendant
waives preliminary examination, the magistrate shall immediately hold the
defendant to answer in the district court.
2. If the defendant does not waive
examination, the magistrate shall hear the evidence within 15 days, unless for
good cause shown the magistrate extends such time. Unless the defendant waives
counsel, reasonable time must be allowed for counsel to appear.
3. Except as otherwise provided in this
subsection, if the magistrate postpones the examination at the request of a
party, the magistrate may order that party to pay all or part of the costs and
fees expended to have a witness attend the examination. The magistrate shall
not require a party who requested the postponement of the examination to pay
for the costs and fees of a witness if:
(a) It was not reasonably necessary for the
witness to attend the examination; or
(b) The magistrate ordered the extension pursuant
to subsection 4.
4. If application is made for the
appointment of counsel for an indigent defendant, the magistrate shall postpone
the examination until:
(a) The application has been granted or denied;
and
(b) If the application is granted, the attorney
appointed or the public defender has had reasonable time to appear.
5. The defendant may cross-examine
witnesses against him or her and may introduce evidence in his or her own
behalf.
6. Hearsay evidence consisting of a
statement made by the alleged victim of the offense is admissible at a
preliminary examination conducted pursuant to this section only if the
defendant is charged with one or more of the following offenses:
(a) A sexual offense committed against a child
who is under the age of 16 years if the offense is punishable as a felony. As
used in this paragraph, “sexual offense” has the meaning ascribed to it in NRS 179D.097.
(b) Abuse of a child pursuant to NRS 200.508 if the offense is committed
against a child who is under the age of 16 years and the offense is punishable
as a felony.
(c) An act which constitutes domestic violence
pursuant to NRS 33.018, which is
punishable as a felony and which resulted in substantial bodily harm to the
alleged victim.
(Added to NRS by 1967,
1406; A 1971,
159; 1997,
116; 2015,
576)
Notes of Decisions
Sheriff v. Witzenburg (2006)
nev · cites it 20×
“[5] NRS 171.196; NRS 171.186. [6] Bain v. Sheriff, 88 Nev.”
Chittenden v. Just. Ct. of Pahrump Twp. (2024)
nevapp · cites it 50×
“2 The writ petition requested that the district court compel the justice court to "follow the law as set forth by NRS 171.196" and to dismiss Chittenden's case.”
Chavez v. State (2009)
nev · cites it 2×
“See NRS 171.196(5) (“The defendant may cross-examine witnesses against him and may introduce evidence on his own behalf.”
State v. Sargent (2006)
nev · cites it 6×
“13 In the case of preliminary hearings, NRS 171.196 authorizes the justice court to conduct a preliminary hearing.”
Sturrock v. State (1979)
nev · cites it 4×
“The Requested Preliminary Examination. Appellant further contends that it was error for the district court to accept his tendered not guilty pleas after the breakdown in negotiations when it was apparent that appellant desired to exercise his right under NRS 171.”
Parsons v. State (2000)
nev · cites it 4×
“Because gross misdemeanor and felony offenses are not triable in justice’s court, a person charged with such offenses cannot be called upon to plead in justice’s court.”
Sheriff, Washoe County v. Marcus (2000)
nev · cites it 3×
“085(5) and its effect on prosecutors, we will briefly review the case law on which Marcus and the district court below rely. The common law rule requiring prosecutors to make a showing of good cause before being granted a continuance by a justice court is grounded in this…”
Maes v. Sheriff, Clark County (1970)
nev · cites it 3×
“Their petition was premised on the ground that they had not received a preliminary examination within 15 days from the time they originally appeared before the magistrate on the first complaint [NRS 171.”
State v. Frederick (2013)
nev · cites it 11×
“" NRS 171.196(1). Even when a defendant charged with a felony or gross misdemeanor waives a preliminary examination in the justice court, he may enter his plea only in the district court.”
Bushnell v. State (1981)
nev · cites it 2×
“178(1) and NRS 171.196. Appellants do not complain of the delay between the preliminary hearing and the trial of the case.”
Parsons v. Fifth Judicial District Court (1994)
nev · cites it 2×
“Additionally, NRS 171.196 provides, “[wjhere the offense is not triable in the justice’s court, the defendant shall not be called upon to plead.”
— Nev. Rev. Stat. § 171.196(1) — 7 cases
State v. Frederick (2013)
nev
“" NRS 171.196(1). Even when a defendant charged with a felony or gross misdemeanor waives a preliminary examination in the justice court, he may enter his plea only in the district court.”
Parsons v. State (2000)
nev
“Because gross misdemeanor and felony offenses are not triable in justice’s court, a person charged with such offenses cannot be called upon to plead in justice’s court.”
State v. Sargent (2006)
nev
“13 In the case of preliminary hearings, NRS 171.196 authorizes the justice court to conduct a preliminary hearing.”
Chittenden v. Just. Ct. of Pahrump Twp. (2024)
nevapp
“2 The writ petition requested that the district court compel the justice court to "follow the law as set forth by NRS 171.196" and to dismiss Chittenden's case.”
— Nev. Rev. Stat. § 171.196(2) — 21 cases
Chittenden v. Just. Ct. of Pahrump Twp. (2024)
nevapp
“2 The writ petition requested that the district court compel the justice court to "follow the law as set forth by NRS 171.196" and to dismiss Chittenden's case.”
Sheriff, Washoe County v. Marcus (2000)
nev
“085(5) and its effect on prosecutors, we will briefly review the case law on which Marcus and the district court below rely. The common law rule requiring prosecutors to make a showing of good cause before being granted a continuance by a justice court is grounded in this…”
Maes v. Sheriff, Clark County (1970)
nev
“Their petition was premised on the ground that they had not received a preliminary examination within 15 days from the time they originally appeared before the magistrate on the first complaint [NRS 171.”
Parsons v. State (2000)
nev
“Because gross misdemeanor and felony offenses are not triable in justice’s court, a person charged with such offenses cannot be called upon to plead in justice’s court.”
— Nev. Rev. Stat. § 171.196(4) — 3 cases
— Nev. Rev. Stat. § 171.196(5) — 2 cases
Chavez v. State (2009)
nev
“See NRS 171.196(5) (“The defendant may cross-examine witnesses against him and may introduce evidence on his own behalf.”
— Nev. Rev. Stat. § 171.196(6) — 2 cases
— Nev. Rev. Stat. § 171.196(6)(a) — 2 cases
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