Nevada Revised Statutes

Nev. Rev. Stat. § 172.239 (2026)

Legal counsel for certain persons who appear before grand jury

✓ current as of July 2026
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NRS 172.239  Legal counsel for certain persons who appear before grand jury.

      1.  A person whose indictment the district attorney intends to seek or the grand jury on its own motion intends to return may be accompanied by legal counsel during any appearance before the grand jury.

      2.  The legal counsel who accompanies a person pursuant to subsection 1 may advise his or her client but shall not:

      (a) Address directly the members of the grand jury;

      (b) Speak in such a manner as to be heard by the members of the grand jury; or

      (c) In any other way participate in the proceedings of the grand jury.

      3.  The court or the foreman of the grand jury may have the legal counsel removed if the legal counsel violates any of the provisions of subsection 2 or in any other way disrupts the proceedings of the grand jury.

      4.  The district attorney or the foreman of the grand jury shall give a person entitled to legal counsel notice of the provisions of this section at the time the person is served with a subpoena to appear before the grand jury. If such a person is invited without process to appear, the grand jury shall include with the invitation notice of the provisions of this section.

      (Added to NRS by 1985, 554)

     

Notes of Decisions
Cited in 4 cases, 1992–2013 · leading case: Sheriff, Clark Cnty. v. Warner, 926 P.2d 775 (Nev. 1996).
Sheriff, Clark Cnty. v. Warner, 926 P.2d 775 (Nev. 1996). · cites it 2× “" NRS 172.239(1) (emphasis added). This court has refused to extend the right to court-appointed counsel to a person who is the target of a grand jury investigation.”
Rugamas v. Eighth Jud. Dist. Court of the State of Nevada ex rel. Cnty. of Clark, 305 P.3d 887 (Nev. 2013). “235; NRS 172.239. Thus, whereas NRS 51.385 contemplates notice to the defendant, a ruling by a court as a precondition to admissibility, and a vigorous contest regarding the reliability of the child-victim’s statements, the structure of the grand jury proceeding allows for none…”
Sheriff v. Bright, 835 P.2d 782 (Nev. 1992). · cites it 2× “NRS 172.239. The district court determined that these additional provisions which apply to grand jury targets in Nevada translate into a signal that the grand jury is a critical stage of the prosecution, thereby triggering the right to counsel.”
Rugamas v. Eighth Jud. Dist. Ct. (Nev. 2013). “235; NRS 172.239. Thus, whereas NRS 51.385 contemplates notice to the defendant, a ruling by a court as a precondition to admissibility, and a vigorous contest regarding the reliability of the child-victim's statements, the structure of the grand jury proceeding allows for none…”
— Nev. Rev. Stat. § 172.239(1) — 1 case
Sheriff, Clark Cnty. v. Warner, 926 P.2d 775 (Nev. 1996). “" NRS 172.239(1) (emphasis added). This court has refused to extend the right to court-appointed counsel to a person who is the target of a grand jury investigation.”
— Nev. Rev. Stat. § 172.239(4) — 1 case
Sheriff v. Bright, 835 P.2d 782 (Nev. 1992). “NRS 172.239. The district court determined that these additional provisions which apply to grand jury targets in Nevada translate into a signal that the grand jury is a critical stage of the prosecution, thereby triggering the right to counsel.”
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