Nevada Revised Statutes

Nev. Rev. Stat. § 178.405 (2026)

Suspension of trial or pronouncement of judgment when doubt arises as to competence of defendant; notice of suspension to be provided to other departments

✓ current as of July 2026

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NRS 178.405 Suspension of trial or pronouncement of judgment when doubt arises as to competence of defendant; notice of suspension to be provided to other departments.

1. Any time after the arrest of a defendant, including, without limitation, proceedings before trial, during trial, when upon conviction the defendant is brought up for judgment or when a defendant who has been placed on probation or whose sentence has been suspended is brought before the court, if doubt arises as to the competence of the defendant, the court shall suspend the proceedings, the trial or the pronouncing of the judgment, as the case may be, until the question of competence is determined.

2. If the proceedings, the trial or the pronouncing of the judgment are suspended, the court must notify any other departments of the court of the suspension in writing. Upon receiving such notice, the other departments of the court shall suspend any other proceedings relating to the defendant until the defendant is determined to be competent.

[1911 Cr. Prac. § 536; A 1919, 416; 1919 RL § 7386; NCL § 11184]—(NRS A 1967, 1449; 1981, 1656; 1991, 1003; 2003, 1018; 2007, 186)

Notes of Decisions

Cited in 35 cases (6 in the last 5 years), 1966–2025 · leading case: Goad v. State, 488 P.3d 646 (Nev. 2021).

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Goad v. State, 488 P.3d 646 (Nev. 2021). · cites it 12× “However, due process requires us to find error where a defendant did not receive a competency hearing if reasonable doubt existed as to his competency, regardless of whether the district court complied with NRS 178.405(1). Nevertheless, we note that NRS 178.”

Lipsitz v. State, 442 P.3d 138 (Nev. 2019). · cites it 2× “" NRS 178.405(1). "Whether such a doubt is raised is within the discretion of the trial court," Melchor-Gloria v.”

Olivares v. State, 195 P.3d 864 (Nev. 2008). · cites it 2× “[9] NRS 178.405(1). [10] NRS 178.415(4). [11] Melchor-Gloria v.”

Brimmage v. State, 567 P.2d 54 (Nev. 1977). · cites it 2× “4 Because appellant’s competency had been established at a prior hearing and confirmed by numerous doctors’ reports, the parties stipulated that if the two physicians found appellant competent, the matter could be submitted on the physicians’ written reports. By a telephone call…”

Fergusen v. State, 192 P.3d 712 (Nev. 2008). · cites it 2× “[18] NRS 178.405(1). [19] NRS 178.455(1). [20] 122 Nev.”

Trujillo v. State, 310 P.3d 594 (Nev. 2013). “See NRS 178.405(1) (requiring the suspension of proceedings when a doubt rises as to the competence of the defendant).”

Williams v. State, 451 P.2d 849 (Nev. 1969). · cites it 3× “The lower court, at no time during the trial, ordered a hearing pursuant to NRS 178.405, to determine if appellant was sane.”

Wilson v. State, 114 P.3d 285 (Nev. 2005). “40 Under NRS 178.405, whenever “doubt arises as to the competence of the defendant, the court shall suspend the trial .”

Scarbo v. Eighth Jud. Dist. Court, 206 P.3d 975 (Nev. 2009). “” NRS 178.405(1). The court shall then “hold a hearing to fully consider *122 those doubts and to determine whether further competency proceedings under NRS 178.”

Lucas v. State, 610 P.2d 727 (Nev. 1980). · cites it 2× “NRS 178.405 provides that proceedings must be suspended if doubt arises as to the accused's sanity.”

Koller v. State, 130 P.3d 653 (Nev. 2006). “3d 377, 380 (2000) (holding that the justice court has no jurisdiction over motions to dismiss for incompetence to stand trial because NRS 178.405 expressly gave the trial court the authority to decide competency issues, which in Woerner was the district court).”

Krause v. Fogliani, 421 P.2d 949 (Nev. 1966). · cites it 2× “2 If doubt arises the court shall order the question submitted to a jury (NRS 178.405). 3 Once committed as insane, an accused shall not stand trial, nor waive trial and plead guilty, unless certified by the hospital superintendent as competent for that purpose (Sollars v.”

Show all 35 citing cases →

— Nev. Rev. Stat. § 178.405(1) — 16 cases

Goad v. State, 488 P.3d 646 (Nev. 2021). “However, due process requires us to find error where a defendant did not receive a competency hearing if reasonable doubt existed as to his competency, regardless of whether the district court complied with NRS 178.405(1). Nevertheless, we note that NRS 178.”

Olivares v. State, 195 P.3d 864 (Nev. 2008). “[9] NRS 178.405(1). [10] NRS 178.415(4). [11] Melchor-Gloria v.”

Lipsitz v. State, 442 P.3d 138 (Nev. 2019). “" NRS 178.405(1). "Whether such a doubt is raised is within the discretion of the trial court," Melchor-Gloria v.”

Fergusen v. State, 192 P.3d 712 (Nev. 2008). “[18] NRS 178.405(1). [19] NRS 178.455(1). [20] 122 Nev.”

Trujillo v. State, 310 P.3d 594 (Nev. 2013). “See NRS 178.405(1) (requiring the suspension of proceedings when a doubt rises as to the competence of the defendant).”

— Nev. Rev. Stat. § 178.405(2) — 3 cases

Lipsitz v. State, 442 P.3d 138 (Nev. 2019). “" NRS 178.405(1). "Whether such a doubt is raised is within the discretion of the trial court," Melchor-Gloria v.”

Lipsitz (ryan) Vs. State, 2019 NV 17 (Nev. 2019).

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