Nevada Revised Statutes

Nev. Rev. Stat. § 175.011 (2026)

Trial by jury; sound recording of proceedings before juries in justice court

✓ current as of July 2026

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NRS 175.011 Trial by jury; sound recording of proceedings before juries in justice court.

1. Cases required to be tried by jury must be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the prosecuting attorney. A defendant who pleads not guilty to the charge of a capital offense must be tried by jury.

2. Except as otherwise provided in subsection 1, in a justice court, a case must be tried by jury only if the defendant so demands in writing not less than 30 days before trial.

3. Any proceeding before a jury in justice court may be recorded using sound recording equipment in accordance with NRS 4.390 and 4.400.

(Added to NRS by 1967, 1424; A 1983, 749; 1987, 614; 1993, 1412; 2021, 1312; 2025, 2827)

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 1971–2021 · leading case: State v. Smith, 672 P.2d 631 (Nev. 1983).

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State v. Smith, 672 P.2d 631 (Nev. 1983). · cites it 9× “The district court granted Smith the requested extraordinary relief, apparently under the belief that a Nevada statute, NRS 175.011(2), afforded all defendants a right to jury trial upon timely demand.”

Leven v. Frey, 168 P.3d 712 (Nev. 2007). · cites it 2× “2d 697 (1983) (adopting a strict reading of NRS 175.011(2), which required the filing of a jury trial demand within five days before trial (the present version of former NRS 175.”

Riley v. State, 808 P.2d 551 (Nev. 1991). · cites it 3× “NRS 175.011(1) provides: In a district court, cases required to be tried by jury must be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the state.”

City of Tallmadge v. DeGraft-Biney, 530 N.E.2d 1310 (Ohio 1988). · cites it 2× “We believe that the more reasonable interpretation of the statute is respondent’s, and that in light of the obvious public policy in favor of the orderly processing of misdemeanor trials through justice’s courts, the legislature intended that jury trials be demanded at the…”

Turner v. State, 641 P.2d 1062 (Nev. 1982). “…appellant could waive a jury trial, the trial court’s refusal to consent to the waiver defeats appellant’s claim. See NRS 175.011.”

Goldstein v. Pavlikowski, 489 P.2d 1159 (Nev. 1971). · cites it 6× “In support of the motion he urges: first, that the Nevada Revised Statutes (NRS 175.011, 1 NRS 174.045(1 ) 2 and NRS 174.”

Gallimort v. State, 997 P.2d 796 (Nev. 2000). “NRS 175.011(1) allows a defendant to waive his right to trial by jury when the defendant makes a written waiver and the court and the state consent to the jury trial waiver.”

Carrell v. Just.'s Court of Reno Twp. ex rel. Cnty. of Washoe, 663 P.2d 697 (Nev. 1983). · cites it 3× “The justice of the peace denied the demand as untimely, based on his interpretation of NRS 175.011(2), which provides that in a justice’s court “a case shall be tried by jury only if the defendant so demands in writing not less than 5 days prior to trial.”

Slaughter (Danielle) v. State (Nev. 2019). · cites it 2× “1, § 3; NRS 175.011. However, a defendant may waive this right "in writing with the approval of the court and the consent of the State.”

Rivera (Roberto) Vs. Dist. Ct. (State) (Nev. 2021). · cites it 2× “NRS 175.011(2) (permitting a misdemeanor defendant to request a jury rather than a bench trial).”

Amezcua v. Eighth Jud. Dist. Ct., 2014 NV 7 (Nev. 2014). · cites it 2× “He filed a timely notice for jury trial pursuant to NRS 175.011(2). The justice court denied the motion.”

— Nev. Rev. Stat. § 175.011(1) — 4 cases

Riley v. State, 808 P.2d 551 (Nev. 1991). “NRS 175.011(1) provides: In a district court, cases required to be tried by jury must be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the state.”

Slaughter (Danielle) v. State (Nev. 2019). “1, § 3; NRS 175.011. However, a defendant may waive this right "in writing with the approval of the court and the consent of the State.”

— Nev. Rev. Stat. § 175.011(2) — 6 cases

State v. Smith, 672 P.2d 631 (Nev. 1983). “The district court granted Smith the requested extraordinary relief, apparently under the belief that a Nevada statute, NRS 175.011(2), afforded all defendants a right to jury trial upon timely demand.”

Leven v. Frey, 168 P.3d 712 (Nev. 2007). “2d 697 (1983) (adopting a strict reading of NRS 175.011(2), which required the filing of a jury trial demand within five days before trial (the present version of former NRS 175.”

City of Tallmadge v. DeGraft-Biney, 530 N.E.2d 1310 (Ohio 1988). “We believe that the more reasonable interpretation of the statute is respondent’s, and that in light of the obvious public policy in favor of the orderly processing of misdemeanor trials through justice’s courts, the legislature intended that jury trials be demanded at the…”

Carrell v. Just.'s Court of Reno Twp. ex rel. Cnty. of Washoe, 663 P.2d 697 (Nev. 1983). “The justice of the peace denied the demand as untimely, based on his interpretation of NRS 175.011(2), which provides that in a justice’s court “a case shall be tried by jury only if the defendant so demands in writing not less than 5 days prior to trial.”

Rivera (Roberto) Vs. Dist. Ct. (State) (Nev. 2021). “NRS 175.011(2) (permitting a misdemeanor defendant to request a jury rather than a bench trial).”

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