NRS
174.125 Certain motions required to be made before trial.
1. All motions in a criminal prosecution
to suppress evidence, for a transcript of former proceedings, for a preliminary
hearing, for severance of joint defendants, for withdrawal of counsel, and all
other motions which by their nature, if granted, delay or postpone the time of
trial must be made before trial, unless an opportunity to make such a motion
before trial did not exist or the moving party was not aware of the grounds for
the motion before trial.
2. In any judicial district in which a
single judge is provided:
(a) All motions subject to the provisions of
subsection 1 must be made in writing, with not less than 10 days’ notice to the
opposite party unless good cause is shown to the court at the time of trial why
the motion could not have been made in writing upon the required notice.
(b) The court may, by written order, shorten the
notice required to be given to the opposite party.
3. In any judicial district in which two
or more judges are provided:
(a) All motions subject to the provisions of
subsection 1 must be made in writing not less than 15 days before the date set
for trial, except that if less than 15 days intervene between entry of a plea
and the date set for trial, such a motion may be made within 5 days after entry
of the plea.
(b) The court may, if a defendant waives hearing
on the motion or for other good cause shown, permit the motion to be made at a
later date.
4. Grounds for making such a motion after
the time provided or at the trial must be shown by affidavit.
(Added to NRS by 1967,
1417; A 1981,
1955)
Notes of Decisions
Cited in
39
cases (
3 in the last 5 years), 1969–2022 · leading case:
Hernandez v. State, 188 P.3d 1126 (Nev. 2008).
Hernandez v. State, 188 P.3d 1126 (Nev. 2008).
· cites it 8× “28 2 and NRS 174.125. 3 He then argues that even if the State’s unsworn statements regarding the measures taken to procure Grijalva’s attendance were properly considered, *645 the district court erred by failing to require the State to exercise sufficient efforts to compel…”
Williams v. State, 50 P.3d 1116 (Nev. 2002).
· cites it 4× “NRS 174.125(1) provides that motions to suppress evidence must be made before trial, unless the moving party was unaware of the grounds for the motion before trial.”
Grant v. State, 24 P.3d 761 (Nev. 2001).
· cites it 3× “198(6) and NRS 174.125 was error. We agree. NRS 171.”
Wilkins v. State, 609 P.2d 309 (Nev. 1980).
· cites it 2× “Appellant did not request a volun-tariness hearing, nor did he request that the jury be instructed on the voluntariness issue. Nor can appellant now claim that he *372 was surprised by the admission of these statements.”
Seim v. State, 590 P.2d 1152 (Nev. 1979).
· cites it 2× “NRS 174.125. See United States v. Hocker, 268 F.”
Cortes v. State, 260 P.3d 184 (Nev. 2011).
“Cortes did not have a right to an evidentiary hearing based solely on filing a motion to suppress, and the district court did not abuse its discretion in failing sua sponte to order one, especially since the motion to suppress was filed fewer than 15 days before trial, see NRS…”
City of Santa Fe v. Marquez, 2012 NMSC 31 (N.M. 2012).
“, Nev. Rev. Stat. § 174.125 (1) (1981) (“All motions in a criminal prosecution to suppress evidence .”
Howard v. State, 729 P.2d 1341 (Nev. 1986).
· cites it 2× “NRS 174.125(3)(a). Although the trial court may waive the time requirement, the grounds for making an untimely motion must be established by affidavit.”
State v. Shade, 867 P.2d 393 (Nev. 1994).
· cites it 2× “015(2) provides for appeals by the state from rulings upon suppression motions made pursuant to NRS 174.125. NRS 174.125 provides, in relevant part: 1.”
Parsons v. Fifth Jud. Dist. Court, 885 P.2d 1316 (Nev. 1994).
· cites it 2× “206 because these statutes govern preliminary hearings, and before any preliminary hearing was conducted, the defense counsel made an oral motion to suppress one of the prior misdemeanor convictions in accordance with NRS 174.125. 3 Such an argument fails to address the basic…”
Smithart v. State, 478 P.2d 576 (Nev. 1970).
· cites it 2× “NRS 174.125] requires that motions to suppress evidence shall be made prior to trial.”
Cook v. State, 462 P.2d 523 (Nev. 1969).
· cites it 2× “105 is not an isolated section, and must be accorded a meaning which is compatible with the two other sections mentioned, NRS 174.125 and 179.085. Those two sections of our code provide for a motion to suppress evidence and require that motion to be made before trial unless an…”
— Nev. Rev. Stat. § 174.125(1) — 7 cases
Williams v. State, 50 P.3d 1116 (Nev. 2002).
“NRS 174.125(1) provides that motions to suppress evidence must be made before trial, unless the moving party was unaware of the grounds for the motion before trial.”
Wilkins v. State, 609 P.2d 309 (Nev. 1980).
“Appellant did not request a volun-tariness hearing, nor did he request that the jury be instructed on the voluntariness issue. Nor can appellant now claim that he *372 was surprised by the admission of these statements.”
Hernandez v. State, 188 P.3d 1126 (Nev. 2008).
“28 2 and NRS 174.125. 3 He then argues that even if the State’s unsworn statements regarding the measures taken to procure Grijalva’s attendance were properly considered, *645 the district court erred by failing to require the State to exercise sufficient efforts to compel…”
— Nev. Rev. Stat. § 174.125(3)(a) — 6 cases
Williams v. State, 50 P.3d 1116 (Nev. 2002).
“NRS 174.125(1) provides that motions to suppress evidence must be made before trial, unless the moving party was unaware of the grounds for the motion before trial.”
Cortes v. State, 260 P.3d 184 (Nev. 2011).
“Cortes did not have a right to an evidentiary hearing based solely on filing a motion to suppress, and the district court did not abuse its discretion in failing sua sponte to order one, especially since the motion to suppress was filed fewer than 15 days before trial, see NRS…”
Howard v. State, 729 P.2d 1341 (Nev. 1986).
“NRS 174.125(3)(a). Although the trial court may waive the time requirement, the grounds for making an untimely motion must be established by affidavit.”
— Nev. Rev. Stat. § 174.125(3)(b) — 3 cases
Williams v. State, 50 P.3d 1116 (Nev. 2002).
“NRS 174.125(1) provides that motions to suppress evidence must be made before trial, unless the moving party was unaware of the grounds for the motion before trial.”
Wilkins v. State, 609 P.2d 309 (Nev. 1980).
“Appellant did not request a volun-tariness hearing, nor did he request that the jury be instructed on the voluntariness issue. Nor can appellant now claim that he *372 was surprised by the admission of these statements.”
Howard v. State, 729 P.2d 1341 (Nev. 1986).
“NRS 174.125(3)(a). Although the trial court may waive the time requirement, the grounds for making an untimely motion must be established by affidavit.”
— Nev. Rev. Stat. § 174.125(4) — 5 cases
Hernandez v. State, 188 P.3d 1126 (Nev. 2008).
“28 2 and NRS 174.125. 3 He then argues that even if the State’s unsworn statements regarding the measures taken to procure Grijalva’s attendance were properly considered, *645 the district court erred by failing to require the State to exercise sufficient efforts to compel…”
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