Nev. Rev. Stat. » NRS: CHAPTER 174 - ARRAIGNMENT AND PREPARATION FOR TRIAL
Nevada Revised Statutes

Nev. Rev. Stat. § 174.165 (2026)

Relief from prejudicial joinder

✓ current as of July 2026
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NRS 174.165  Relief from prejudicial joinder.

      1.  If it appears that a defendant or the State of Nevada is prejudiced by a joinder of offenses or of defendants in an indictment or information, or by such joinder for trial together, the court may order an election or separate trials of counts, grant a severance of defendants or provide whatever other relief justice requires.

      2.  In ruling on a motion by a defendant for severance the court may order the district attorney to deliver to the court for inspection in chambers any statements or confessions made by the defendants which the State intends to introduce in evidence at the trial.

      (Added to NRS by 1967, 1418)

DEPOSITIONS

     

Notes of Decisions
Cited in 55 cases (6 in the last 5 years), 1982–2022 · leading case: Weber v. State, 119 P.3d 107 (Nev. 2005).
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Weber v. State, 119 P.3d 107 (Nev. 2005). · cites it 4× “3d at 255 ; see also NRS 174.165(1). [4] Black's Law Dictionary 936 (abr.”
Byford v. State, 994 P.2d 700 (Nev. 2000). · cites it 2× “2d 63 (1998); see also NRS 174.165(1). A court must consider not only the possible prejudice to the defendant but also the possible prejudice to the state resulting from expensive, duplicitous trials.”
Middleton v. State, 968 P.2d 296 (Nev. 1998). · cites it 2× “135, court considered whether joinder prejudiced defendants and required severance under NRS 174.165); Drew, 331 F.2d at 87 (“[Ejven though joinder is permissible under Rule 8(a), if'the defendant makes a timely motion under Rule 14[ 4 ] and shows prejudice, the court should…”
Tabish v. State, 72 P.3d 584 (Nev. 2003). · cites it 2× “[8] NRS 174.165 states in part: 1. If it appears that a defendant or the State of Nevada is prejudiced by a joinder of offenses or of defendants in an indictment or information, or by such joinder for trial together, the court may order an election or separate trials of counts,…”
Floyd v. State, 42 P.3d 249 (Nev. 2002). · cites it 2× “" [4] NRS 174.165(1) provides that if a defendant is prejudiced by joinder of offenses, the district court may order separate trials of counts "or provide whatever other relief justice requires.”
Marshall v. State, 56 P.3d 376 (Nev. 2002). · cites it 2× “NRS 174.165(1) provides in relevant part: “If it appears that a defendant .”
Lisle v. State, 941 P.2d 459 (Nev. 1997). · cites it 2× “2d 544, 547 (1995); NRS 174.165(1). While making this decision, a court "must consider not only the possible prejudice to the defendant but also the possible prejudice to the Government resulting from two time-consuming, expensive and duplicitous trials.”
Buff v. State, 970 P.2d 564 (Nev. 1998). · cites it 4× “On July 28, 1995, Pacheco filed a motion for severance pursuant to NRS 174.165(1). The district court denied the motion.”
Rowland v. State, 39 P.3d 114 (Nev. 2002). “NRS 174.165 provides that a defendant is entitled to a severed trial if he presents a sufficient showing of facts demonstrating that substantial prejudice would result from a joint trial.”
Ewish v. State, 871 P.2d 306 (Nev. 1994). · cites it 2× “NRS 174.165 merely states that the trial court may grant separate trials and "provide whatever relief justice requires.”
Brown v. State, 967 P.2d 1126 (Nev. 1998). · cites it 2× “Based on our review of the record, we conclude that Count V, stemming from the police’s discovery of the firearm in Brown’s bedroom closet, was intricately related to Counts I-IV *1125 because substantial evidence suggested that this was the weapon that the assailant used to…”
Chartier v. State, 191 P.3d 1182 (Nev. 2008). “NRS 174.165(1) provides that a trial judge may sever a joint trial if “it appears that a defendant .”
Show all 55 citing cases →
— Nev. Rev. Stat. § 174.165(1) — 42 cases
Weber v. State, 119 P.3d 107 (Nev. 2005). “3d at 255 ; see also NRS 174.165(1). [4] Black's Law Dictionary 936 (abr.”
Byford v. State, 994 P.2d 700 (Nev. 2000). “2d 63 (1998); see also NRS 174.165(1). A court must consider not only the possible prejudice to the defendant but also the possible prejudice to the state resulting from expensive, duplicitous trials.”
Floyd v. State, 42 P.3d 249 (Nev. 2002). “" [4] NRS 174.165(1) provides that if a defendant is prejudiced by joinder of offenses, the district court may order separate trials of counts "or provide whatever other relief justice requires.”
Marshall v. State, 56 P.3d 376 (Nev. 2002). “NRS 174.165(1) provides in relevant part: “If it appears that a defendant .”
Lisle v. State, 941 P.2d 459 (Nev. 1997). “2d 544, 547 (1995); NRS 174.165(1). While making this decision, a court "must consider not only the possible prejudice to the defendant but also the possible prejudice to the Government resulting from two time-consuming, expensive and duplicitous trials.”
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.