NRS
174.425 Witness from another state summoned to testify in this State.
1. If a person in any state, which by its
laws has made provision for commanding persons within its borders to attend and
testify in criminal prosecutions, or grand jury investigations commenced or
about to commence, in this State, is a material witness in a prosecution
pending in a court of record in this State, or in a grand jury investigation
which has commenced or is about to commence, a judge of such a court may issue
a certificate under the seal of the court stating these facts and specifying
the number of days the witness will be required. The certificate may include a
recommendation that the witness be taken into immediate custody and delivered
to an officer of this State to ensure the witness’s attendance in this State.
This certificate must be presented to a judge of a court of record in the
county in which the witness is found.
2. If the witness is summoned to attend
and testify in this State the witness is entitled to receive the amount
required by NRS 50.225 for subsistence
and travel expenses. A witness who has appeared in accordance with the
provisions of the summons shall not be required to remain within this State a
longer period of time than the period mentioned in the certificate unless
otherwise ordered by the court. If such witness, after coming into this State,
fails without good cause to attend and testify as directed in the summons, the
witness shall be punished in the manner provided for the punishment of any
witness who disobeys a summons issued from a court of record in this State.
(Added to NRS by 1967,
1422; A 1987,
551)
Notes of Decisions
Cited in
6
cases, 1994–2019 · leading case:
Wyman v. State, 217 P.3d 572 (Nev. 2009).
Wyman v. State, 217 P.3d 572 (Nev. 2009).
· cites it 16× “415 [NRS 174.425’s counterpart for summoning a witness in this State to appear in another state] specifically provides only for subpoenas requesting witnesses for out-of-state criminal proceedings,” it “arguably would apply to a subpoena duces tecum for production of documents.”
Wilson v. State, 114 P.3d 285 (Nev. 2005).
· cites it 2× “Wilson argues that because the district court had the authority to compel the testimony of out-of-state witnesses under NRS 174.425 and did not do so, he was denied due process and his conviction should be reversed.”
Bell v. State, 885 P.2d 1311 (Nev. 1994).
· cites it 4× “Bell thus brought a motion pursuant to NRS 174.425 1 to compel Beyers to appear and testify at Bell’s trial.”
Palmer v. State, 920 P.2d 112 (Nev. 1996).
“This court held that pursuant to NRS 174.425, Bell made a sufficient showing of materiality to justify the issuance of a certificate to compel the witness to attend and testify at Bell’s trial, and the district court erred in failing to issue such a certificate.”
Ulloa v. CMI, Inc., 133 So. 3d 914 (Fla. 2013).
· cites it 2× “While NRS 174.425 sets forth the procedures by which a citizen of Nevada can “summon” a witness from another jurisdiction to testify in a criminal proceeding, NRS 174.”
Ovalle (Michael) Vs. State (Nev. 2019).
“Based upon the record and the parties arguments at trial, we conclude Ovalle fails to demonstrate reversible error on this point.”
— Nev. Rev. Stat. § 174.425(1) — 3 cases
Wyman v. State, 217 P.3d 572 (Nev. 2009).
“415 [NRS 174.425’s counterpart for summoning a witness in this State to appear in another state] specifically provides only for subpoenas requesting witnesses for out-of-state criminal proceedings,” it “arguably would apply to a subpoena duces tecum for production of documents.”
Wilson v. State, 114 P.3d 285 (Nev. 2005).
“Wilson argues that because the district court had the authority to compel the testimony of out-of-state witnesses under NRS 174.425 and did not do so, he was denied due process and his conviction should be reversed.”
Ulloa v. CMI, Inc., 133 So. 3d 914 (Fla. 2013).
“While NRS 174.425 sets forth the procedures by which a citizen of Nevada can “summon” a witness from another jurisdiction to testify in a criminal proceeding, NRS 174.”
— Nev. Rev. Stat. § 174.425(2) — 1 case
Wyman v. State, 217 P.3d 572 (Nev. 2009).
“415 [NRS 174.425’s counterpart for summoning a witness in this State to appear in another state] specifically provides only for subpoenas requesting witnesses for out-of-state criminal proceedings,” it “arguably would apply to a subpoena duces tecum for production of documents.”
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