NRS
172.135 Evidence receivable before grand jury.
1. In the investigation of a charge, for
the purpose of either presentment or indictment, the grand jury can receive no
other evidence than such as is given by witnesses produced and sworn before
them or furnished by legal documentary evidence or by the deposition of witnesses
taken as provided in this title, except that the grand jury may receive any of
the following:
(a) An affidavit or declaration from an expert
witness or other person described in NRS
50.315 in lieu of personal testimony or a deposition.
(b) An affidavit of an owner, possessor or
occupant of real or personal property or other person described in NRS 172.137 in lieu of personal testimony
or a deposition.
2. Except as otherwise provided in this
subsection, the grand jury can receive none but legal evidence, and the best
evidence in degree, to the exclusion of hearsay or secondary evidence. The
grand jury can receive hearsay evidence consisting of a statement made by the
alleged victim of an offense if the defendant is alleged to have committed 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.
3. A statement made by a witness at any
time that is inconsistent with the testimony of the witness before the grand
jury may be presented to the grand jury as evidence.
(Added to NRS by 1967,
1409; A 1975,
649; 1983,
1917; 1993,
86, 549;
1999,
164; 2015,
578)
Notes of Decisions
Lane v. Second Jud. Dist. Court, Washoe Cnty., 760 P.2d 1245 (Nev. 1988).
· cites it 7× “As such, it was presented to the grand jury in violation of NRS 172.135. NOTICE AND OPPORTUNITY TO BE HEARD The original petition for a writ of prohibition complained that respondents entered the order appointing a special prosecutor “without any prior notice to the Washoe…”
Franklin v. State, 513 P.2d 1252 (Nev. 1973).
· cites it 6× “Here the other evidence presented to the grand jury is of sufficient legal quality to support the indictment and we do not pause to decide the validity of the material contained in the magnetic tape recordings because the legal efficacy of an indictment will be sustained if…”
Gordon v. Eighth Jud. Dist. Court, 913 P.2d 240 (Nev. 1996).
· cites it 5× “Petitioners argue that the transcript does not qualify as “legally valid evidence” pursuant to NRS 172.135. 3 The State acknowledges that three jurors each missed one session.”
Seim v. State, 590 P.2d 1152 (Nev. 1979).
· cites it 2× “The grand jury can consider only legal evidence, NRS 172.135(2), and although not bound to hear the evidence of an accused, it may order the production of explanatory evidence, including the issuance of process for witnesses.”
State of Alaska v. The Est. of Harry Powell, 563 P.3d 50 (Alaska 2025).
· cites it 8× “For example, our Rules and precedent anticipate the presentation of scientific evidence at a grand jury 46 Former Nev. Rev. Stat. § 172.135 (1999). Nevada has since amended its grand jury statute to specifically allow for the hearsay statements of child victims at the grand jury.”
State v. Babayan, 787 P.2d 805 (Nev. 1990).
“” NRS 172.135. Therefore, if the integrity of an indictment is to be preserved, grand jurors must, when appropriate, be steered away from certain areas of inquiry.”
Sheriff, Clark Cnty. v. Frank, 734 P.2d 1241 (Nev. 1987).
“NRS 172.135(2) provides that “[t]he grand jury can receive none but legal evidence, and the best evidence in degree, to the exclusion of hearsay or secondary evidence.”
Sheriff, Clark Cnty. v. Simpson, 851 P.2d 428 (Nev. 1993).
· cites it 2× “085(2). Simpson’s third contention in support of his petition for a writ of habeas corpus was equally meritless.”
Gathrite (deandre) Vs. Dist. Ct. (state), 2019 NV 54 (Nev. 2019).
· cites it 34× “At the time NRS 172.135 was enacted, Black's Law Dictionary defined "legal" as "required or permitted by law; not forbidden or discountenanced by law; good and effectual in law" or "[p]roper or sufficient to be recognized by law; cognizable in the courts.”
— Nev. Rev. Stat. § 172.135(1) — 3 cases
Franklin v. State, 513 P.2d 1252 (Nev. 1973).
“Here the other evidence presented to the grand jury is of sufficient legal quality to support the indictment and we do not pause to decide the validity of the material contained in the magnetic tape recordings because the legal efficacy of an indictment will be sustained if…”
Gathrite (deandre) Vs. Dist. Ct. (state), 2019 NV 54 (Nev. 2019).
“At the time NRS 172.135 was enacted, Black's Law Dictionary defined "legal" as "required or permitted by law; not forbidden or discountenanced by law; good and effectual in law" or "[p]roper or sufficient to be recognized by law; cognizable in the courts.”
— Nev. Rev. Stat. § 172.135(2) — 17 cases
Lane v. Second Jud. Dist. Court, Washoe Cnty., 760 P.2d 1245 (Nev. 1988).
“As such, it was presented to the grand jury in violation of NRS 172.135. NOTICE AND OPPORTUNITY TO BE HEARD The original petition for a writ of prohibition complained that respondents entered the order appointing a special prosecutor “without any prior notice to the Washoe…”
Seim v. State, 590 P.2d 1152 (Nev. 1979).
“The grand jury can consider only legal evidence, NRS 172.135(2), and although not bound to hear the evidence of an accused, it may order the production of explanatory evidence, including the issuance of process for witnesses.”
Gordon v. Eighth Jud. Dist. Court, 913 P.2d 240 (Nev. 1996).
“Petitioners argue that the transcript does not qualify as “legally valid evidence” pursuant to NRS 172.135. 3 The State acknowledges that three jurors each missed one session.”
Sheriff, Clark Cnty. v. Frank, 734 P.2d 1241 (Nev. 1987).
“NRS 172.135(2) provides that “[t]he grand jury can receive none but legal evidence, and the best evidence in degree, to the exclusion of hearsay or secondary evidence.”
— Nev. Rev. Stat. § 172.135(2)(a) — 1 case
Gathrite (deandre) Vs. Dist. Ct. (state), 2019 NV 54 (Nev. 2019).
“At the time NRS 172.135 was enacted, Black's Law Dictionary defined "legal" as "required or permitted by law; not forbidden or discountenanced by law; good and effectual in law" or "[p]roper or sufficient to be recognized by law; cognizable in the courts.”
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