NRS
171.198 Reporting testimony of witnesses.
1. Except as otherwise provided in
subsection 2, a magistrate shall employ a certified court reporter to take down
all the testimony and the proceedings on the hearing or examination and, within
such time as the court may designate, have such testimony and proceedings transcribed
into typewritten transcript.
2. A magistrate who presides over a
preliminary hearing in a justice court, in any case other than in a case in
which the death penalty is sought, may employ a certified court reporter to
take down all the testimony and the proceedings on the hearing or appoint a
person to use sound recording equipment to record all the testimony and the
proceedings on the hearing. If the magistrate appoints a person to use sound
recording equipment to record the testimony and proceedings on the hearing, the
testimony and proceedings must be recorded and transcribed in the same manner
as set forth in NRS 4.390 to 4.420, inclusive. Any transcript of the
testimony and proceedings produced from a recording conducted pursuant to this
subsection is subject to the provisions of this section in the same manner as a
transcript produced by a certified court reporter.
3. When the testimony of each witness is
all taken and transcribed by the reporter, the reporter shall certify to the
transcript in the same manner as for a transcript of testimony in the district
court, which certificate authenticates the transcript for all purposes of this
title.
4. Before the date set for trial, either
party may move the court before which the case is pending to add to, delete
from or otherwise correct the transcript to conform with the testimony as given
and to settle the transcript so altered.
5. The compensation for the services of a
reporter employed as provided in this section are the same as provided in NRS 3.370, to be paid out of the county
treasury as other claims against the county are allowed and paid.
6. Testimony reduced to writing and
authenticated according to the provisions of this section must be filed by the
examining magistrate with the clerk of the district court of the magistrate’s
county, and if the prisoner is subsequently examined upon a writ of habeas
corpus, such testimony must be considered as given before such judge or court.
A copy of the transcript must be furnished to the defendant and to the district
attorney.
7. The testimony so taken may be used:
(a) By the defendant; or
(b) By the State if the defendant was represented
by counsel or affirmatively waived his or her right to counsel,
Ê upon the
trial of the cause, and in all proceedings therein, when the witness is sick,
out of the State, dead, or persistent in refusing to testify despite an order
of the judge to do so, or when the witness’s personal attendance cannot be had
in court.
(Added to NRS by 1967,
1406; A 1973,
1322; 1987,
911; 1989,
1272; 1993,
75, 1411,
2024;
1995,
570; 2009,
633)
Notes of Decisions
Cited in
15
cases, 1970–2020 · leading case:
Funches v. State, 944 P.2d 775 (Nev. 1997).
Funches v. State, 944 P.2d 775 (Nev. 1997).
· cites it 50× “SPRINGER, Justice, dissenting: I agree with Justice Shearing that this court should not expand the circumstances in which preliminary hearing testimony may be admitted under NRS 171.198. The legislature has enumerated the circumstances under which such testimony is admissible,…”
Thomas v. State, 967 P.2d 1111 (Nev. 1998).
· cites it 5× “Thomas argues on appeal that the court erred by admitting Hall’s preliminary hearing testimony because the judge did not “order” Hall to testify as required by NRS 171.198(6)(b), which provides: The [preliminary hearing] testimony so taken, may be used .”
Hernandez v. State, 188 P.3d 1126 (Nev. 2008).
· cites it 3× “Testimony given during a preliminary hearing on a criminal matter may be used at trial on that matter under NRS 171.198 and NRS 51.325 “if three preconditions exist: first, that the defendant was represented by counsel at the preliminary hearing; second, that counsel…”
Grant v. State, 24 P.3d 761 (Nev. 2001).
· cites it 2× “DISCUSSION Grant contends that admission of Officer Brown’s testimony into evidence under NRS 171.198(6) and NRS 174.125 was error.”
Aesoph v. State, 721 P.2d 379 (Nev. 1986).
· cites it 3× “NRS 171.198(7) governs the admissibility of preliminary hear *320 ing testimony at trial.”
Anderson v. State, 865 P.2d 331 (Nev. 1993).
· cites it 3× “NRS 171.198(6) describes when testimony recorded at a hearing may be used at a subsequent proceeding or during trial: 6.”
Lemberes v. State, 634 P.2d 1219 (Nev. 1981).
· cites it 3× “055(l)(b), rather than abiding by the specific requirement of NRS 171.198(7) governing admission of preliminary hearing testimony as substantive evidence in a criminal trial.”
LaPena v. State, 604 P.2d 811 (Nev. 1980).
· cites it 2× “We note that the admissibility of preliminary hearing testimony in later proceedings is governed by NRS 171.198(7), which provides, in pertinent part, that such testimony may be used as substantive evidence in a criminal trial only “when the witness is sick, out of the state,…”
Barker v. State, 594 P.2d 719 (Nev. 1979).
“The court concluded that (a) the defendant had been present and represented by counsel, (b) the witness had been cross-examined by defendant’s counsel, and (c) the witness was actually unavailable, despite the state’s pre-trial efforts to locate her.”
Hogan v. State, 732 P.2d 422 (Nev. 1987).
“The requirements of NRS 171.198(7) and Drummond v. State, 86 Nev.”
Power v. State, 724 P.2d 211 (Nev. 1986).
“” [Citation omitted.] . . . [I]f there is a possibility, albeit remote, that affirmative measures might produce the declarant, the obligation of good faith may demand their effectuation.”
Logan v. Warden, 471 P.2d 249 (Nev. 1970).
· cites it 2× “See NRS 171.198(1), requiring magistrates to employ a reporter to take down all testimony and proceedings at a preliminary hearing; NRS 171.”
— Nev. Rev. Stat. § 171.198(1) — 1 case
Logan v. Warden, 471 P.2d 249 (Nev. 1970).
“See NRS 171.198(1), requiring magistrates to employ a reporter to take down all testimony and proceedings at a preliminary hearing; NRS 171.”
— Nev. Rev. Stat. § 171.198(6) — 4 cases
Funches v. State, 944 P.2d 775 (Nev. 1997).
“SPRINGER, Justice, dissenting: I agree with Justice Shearing that this court should not expand the circumstances in which preliminary hearing testimony may be admitted under NRS 171.198. The legislature has enumerated the circumstances under which such testimony is admissible,…”
Grant v. State, 24 P.3d 761 (Nev. 2001).
“DISCUSSION Grant contends that admission of Officer Brown’s testimony into evidence under NRS 171.198(6) and NRS 174.125 was error.”
Anderson v. State, 865 P.2d 331 (Nev. 1993).
“NRS 171.198(6) describes when testimony recorded at a hearing may be used at a subsequent proceeding or during trial: 6.”
Logan v. Warden, 471 P.2d 249 (Nev. 1970).
“See NRS 171.198(1), requiring magistrates to employ a reporter to take down all testimony and proceedings at a preliminary hearing; NRS 171.”
— Nev. Rev. Stat. § 171.198(6)(b) — 3 cases
Funches v. State, 944 P.2d 775 (Nev. 1997).
“SPRINGER, Justice, dissenting: I agree with Justice Shearing that this court should not expand the circumstances in which preliminary hearing testimony may be admitted under NRS 171.198. The legislature has enumerated the circumstances under which such testimony is admissible,…”
Thomas v. State, 967 P.2d 1111 (Nev. 1998).
“Thomas argues on appeal that the court erred by admitting Hall’s preliminary hearing testimony because the judge did not “order” Hall to testify as required by NRS 171.198(6)(b), which provides: The [preliminary hearing] testimony so taken, may be used .”
Hernandez v. State, 188 P.3d 1126 (Nev. 2008).
“Testimony given during a preliminary hearing on a criminal matter may be used at trial on that matter under NRS 171.198 and NRS 51.325 “if three preconditions exist: first, that the defendant was represented by counsel at the preliminary hearing; second, that counsel…”
— Nev. Rev. Stat. § 171.198(7) — 7 cases
Aesoph v. State, 721 P.2d 379 (Nev. 1986).
“NRS 171.198(7) governs the admissibility of preliminary hear *320 ing testimony at trial.”
Funches v. State, 944 P.2d 775 (Nev. 1997).
“SPRINGER, Justice, dissenting: I agree with Justice Shearing that this court should not expand the circumstances in which preliminary hearing testimony may be admitted under NRS 171.198. The legislature has enumerated the circumstances under which such testimony is admissible,…”
Lemberes v. State, 634 P.2d 1219 (Nev. 1981).
“055(l)(b), rather than abiding by the specific requirement of NRS 171.198(7) governing admission of preliminary hearing testimony as substantive evidence in a criminal trial.”
LaPena v. State, 604 P.2d 811 (Nev. 1980).
“We note that the admissibility of preliminary hearing testimony in later proceedings is governed by NRS 171.198(7), which provides, in pertinent part, that such testimony may be used as substantive evidence in a criminal trial only “when the witness is sick, out of the state,…”
Hogan v. State, 732 P.2d 422 (Nev. 1987).
“The requirements of NRS 171.198(7) and Drummond v. State, 86 Nev.”
— Nev. Rev. Stat. § 171.198(7)(b) — 2 cases
Barker v. State, 594 P.2d 719 (Nev. 1979).
“The court concluded that (a) the defendant had been present and represented by counsel, (b) the witness had been cross-examined by defendant’s counsel, and (c) the witness was actually unavailable, despite the state’s pre-trial efforts to locate her.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.