Nev. Rev. Stat. § 174.245

Disclosure by defendant of evidence relating to defense; limitations

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NRS 174.245  Disclosure by defendant of evidence relating to defense; limitations.

      1.  Except as otherwise provided in NRS 174.233 to 174.295, inclusive, at the request of the prosecuting attorney, the defendant shall permit the prosecuting attorney to inspect and to copy or photograph any:

      (a) Written or recorded statements made by a witness the defendant intends to call during the case in chief of the defendant, or copies thereof, within the possession, custody or control of the defendant, the existence of which is known, or by the exercise of due diligence may become known, to the defendant;

      (b) Results or reports of physical or mental examinations, scientific tests or scientific experiments that the defendant intends to introduce in evidence during the case in chief of the defendant, or copies thereof, within the possession, custody or control of the defendant, the existence of which is known, or by the exercise of due diligence may become known, to the defendant; and

      (c) Books, papers, documents or tangible objects that the defendant intends to introduce in evidence during the case in chief of the defendant, or copies thereof, within the possession, custody or control of the defendant, the existence of which is known, or by the exercise of due diligence may become known, to the defendant.

      2.  The prosecuting attorney is not entitled, pursuant to the provisions of this section, to the discovery or inspection of:

      (a) An internal report, document or memorandum that is prepared by or on behalf of the defendant or the defendant’s attorney in connection with the investigation or defense of the case.

      (b) A statement, report, book, paper, document, tangible object or any other type of item or information that is privileged or protected from disclosure or inspection pursuant to the Constitution or laws of this state or the Constitution of the United States.

      (Added to NRS by 1967, 1419; A 1969, 350; 1995, 265; 1997, 2368)

     

Notes of Decisions
Cited in 17 cases, 1969–2016 · leading case: Floyd v. State
Floyd v. State (2002) nev · cites it 6× “NRS 174.245(1)(b) similarly provides in part that the defendant must allow the prosecutor to inspect and copy any "[r]esults or reports of physical or mental examinations, scientific tests or scientific experiments that the defendant intends to introduce in evidence during the…”
Binegar v. Eighth Judicial District Court (1996) nev · cites it 10× “NRS 174.245(2) now reads as follows: At the request of the prosecuting attorney, the defendant shall permit the prosecuting attorney to inspect and copy or *547 photograph books, papers, documents, tangible objects, buildings or places, or copies or portions thereof, which are…”
Binegar v. District Court (1996) nev · cites it 10× “NRS 174.245(2) now reads as follows: At the request of the prosecuting attorney, the defendant shall permit the prosecuting attorney to inspect and copy or photograph books, papers, documents, tangible objects, buildings or places, or copies or portions thereof, which are within…”
Lisle v. State (1997) nev · cites it 4× “However, Nevada's relevant statute, NRS 174.245(1), does not limit non-discoverable documents to only "theories, conclusions, or opinions.”
Jaeger v. State (1997) nev · cites it 10× “The State also argues that the investigation report was not subject to discovery pursuant to NRS 174.245(1). This statute authorizes the defendant to inspect books, papers, documents, and other objects in the possession of the prosecution, but "does not authorize the discovery…”
Sonner v. State (1996) nev · cites it 2× “Sonner’s claim is allegedly supported by NRS 174.245, 8 Article 1 of the Nevada Constitution, the Sixth and Fourteenth Amendments to the Federal Constitution, and the Brady doctrine.”
Commonwealth v. Durham (2006) mass “§§ 29-1912 , 29-1916 (1995); Nev. Rev. Stat. § 174.245 (2003); N.Y. Crim.”
State v. Stiglitz (1978) nev · cites it 2× “There is no doubt respondents had the right to some of the requested discovery, see NRS 174.245, 1 and the State insists it complied by providing all exculpatory evidence.”
Gordon v. Ponticello (1994) nev “Secondly, NRS 174.245 provides that a court may not order the discovery of “reports, memoranda or other internal state documents made by state agents in connection with the investigation or prosecution of the case.”
Franklin v. Eighth Judicial District Court (1969) nev “1 NRS 174.245 provides: “. . . this section does not authorize the discovery or inspection .”
Quisano v. State (2016) nev · cites it 3× “234 and NRS 174.245. Id. at 167 , 42 P.3d at 257 .”
QUISANO (JONATHAN) VS. STATE (2016) nev · cites it 3× “234 and NRS 174.245. Id. at 167 , 42 P.3d at 257 .”
— Nev. Rev. Stat. § 174.245(1) — 2 cases
Lisle v. State (1997) nev “However, Nevada's relevant statute, NRS 174.245(1), does not limit non-discoverable documents to only "theories, conclusions, or opinions.”
Jaeger v. State (1997) nev “The State also argues that the investigation report was not subject to discovery pursuant to NRS 174.245(1). This statute authorizes the defendant to inspect books, papers, documents, and other objects in the possession of the prosecution, but "does not authorize the discovery…”
— Nev. Rev. Stat. § 174.245(1)(b) — 1 case
Floyd v. State (2002) nev “NRS 174.245(1)(b) similarly provides in part that the defendant must allow the prosecutor to inspect and copy any "[r]esults or reports of physical or mental examinations, scientific tests or scientific experiments that the defendant intends to introduce in evidence during the…”
— Nev. Rev. Stat. § 174.245(2) — 2 cases
Binegar v. Eighth Judicial District Court (1996) nev “NRS 174.245(2) now reads as follows: At the request of the prosecuting attorney, the defendant shall permit the prosecuting attorney to inspect and copy or *547 photograph books, papers, documents, tangible objects, buildings or places, or copies or portions thereof, which are…”
Binegar v. District Court (1996) nev “NRS 174.245(2) now reads as follows: At the request of the prosecuting attorney, the defendant shall permit the prosecuting attorney to inspect and copy or photograph books, papers, documents, tangible objects, buildings or places, or copies or portions thereof, which are within…”
— Nev. Rev. Stat. § 174.245(2)(a) — 2 cases
Floyd v. State (2002) nev “NRS 174.245(1)(b) similarly provides in part that the defendant must allow the prosecutor to inspect and copy any "[r]esults or reports of physical or mental examinations, scientific tests or scientific experiments that the defendant intends to introduce in evidence during the…”
Floyd v. Baker (2014) nvd
— Nev. Rev. Stat. § 174.245(l)(b) — 2 cases
Floyd v. State (2002) nev “NRS 174.245(1)(b) similarly provides in part that the defendant must allow the prosecutor to inspect and copy any "[r]esults or reports of physical or mental examinations, scientific tests or scientific experiments that the defendant intends to introduce in evidence during the…”
Floyd v. Baker (2014) nvd
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