Nevada Revised Statutes

Nev. Rev. Stat. § 171.208 (2026)

Remand for preliminary examination

✓ current as of July 2026
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NRS 171.208  Remand for preliminary examination.  If a preliminary examination has not been had and the defendant has not unconditionally waived the examination, the district court may for good cause shown at any time before a plea has been entered or an indictment found remand the defendant for preliminary examination to the appropriate justice of the peace or other magistrate, and the justice or other magistrate shall then proceed with the preliminary examination as provided in this chapter.

      (Added to NRS by 1967, 1407; A 1987, 1188)

Notes of Decisions
Cited in 4 cases, 1972–2000 · leading case: Sturrock v. State, 604 P.2d 341 (Nev. 1979).
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Sturrock v. State, 604 P.2d 341 (Nev. 1979). · cites it 10× “[3] Because appellant had a clear right to a preliminary examination, and the district court exercised no discretion in failing or refusing to remand to the justice court, NRS 171.208, mandamus was available to compel remand.”
Parsons v. State, 10 P.3d 836 (Nev. 2000). “196(1); NRS 171.208. 5 We note that the United States Supreme Court has recently reiterated that where a sentence enhancement is based on the fact of a prior conviction, that fact need not be submitted to a jury.”
State v. Ricci, 495 P.2d 614 (Nev. 1972). “NRS 171.208. Moreover, if it appears that there is a defect in the institution of the prosecution, or in the indictment, information or complaint, the court may grant a motion addressed to that point and order the accused held in custody or that his bail be continued for a…”
Fleming v. Sheriff, 596 P.2d 243 (Nev. 1979). · cites it 4× “Pursuant to NRS 171.208, “[w]henever a preliminary examination has not been had, the district court may for good cause shown at any time before a plea has been entered or an indictment found remand the defendant for preliminary examination .”
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