Nevada Revised Statutes

Nev. Rev. Stat. § 178.488 (2026)

Right to bail upon review; notice of application to be given district attorney

✓ current as of July 2026
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NRS 178.488  Right to bail upon review; notice of application to be given district attorney.

      1.  Bail may be allowed pending appeal or certiorari unless it appears that the appeal is frivolous or taken for delay.

      2.  Pending appeal to a district court, bail may be allowed by the trial justice, by the district court, or by any judge thereof, to run until final termination of the proceedings in all courts.

      3.  Pending appeal or certiorari to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution, bail may be allowed by the district court or any judge thereof, by the Court of Appeals or any judge thereof or by the Supreme Court or a justice thereof.

      4.  Any court or any judge or justice authorized to grant bail may at any time revoke the order admitting the defendant to bail.

      5.  The court or judge by whom bail may be ordered shall require such notice of the application therefor as the court or judge may deem reasonable to be given to the district attorney of the county in which the verdict or judgment was originally rendered.

      (Added to NRS by 1967, 1452; A 1969, 10; 2013, 1762)

     

Notes of Decisions
Cited in 3 cases, 1970–2004 · leading case: Bergna v. State, 102 P.3d 549 (Nev. 2004).
Bergna v. State, 102 P.3d 549 (Nev. 2004). · cites it 6× “Appellant Peter Matthew Bergna has filed a motion for bail pending appeal in this court pursuant to NRS 178.488. The State opposes the motion.”
Lane v. State, 652 P.2d 1174 (Nev. 1982). · cites it 3× “Bail pending appeal may be denied if an appellant’s release poses a risk of flight or danger to the community, In re Austin, *460 supra, or if the appeal appears frivolous or taken for delay, NRS 178.488(1). From a preliminary examination of the record before us on appeal, we…”
In Re Austin, 477 P.2d 873 (Nev. 1970). · cites it 6× “145) also required: "If application is made to a district court or to a justice of the supreme court for bail pending appeal or for an extension of time for filing the record on appeal or for any other relief which might have been granted by the trial court, the application…”
— Nev. Rev. Stat. § 178.488(1) — 3 cases
Bergna v. State, 102 P.3d 549 (Nev. 2004). “Appellant Peter Matthew Bergna has filed a motion for bail pending appeal in this court pursuant to NRS 178.488. The State opposes the motion.”
Lane v. State, 652 P.2d 1174 (Nev. 1982). “Bail pending appeal may be denied if an appellant’s release poses a risk of flight or danger to the community, In re Austin, *460 supra, or if the appeal appears frivolous or taken for delay, NRS 178.488(1). From a preliminary examination of the record before us on appeal, we…”
In Re Austin, 477 P.2d 873 (Nev. 1970). “145) also required: "If application is made to a district court or to a justice of the supreme court for bail pending appeal or for an extension of time for filing the record on appeal or for any other relief which might have been granted by the trial court, the application…”
— Nev. Rev. Stat. § 178.488(3) — 2 cases
Bergna v. State, 102 P.3d 549 (Nev. 2004). “Appellant Peter Matthew Bergna has filed a motion for bail pending appeal in this court pursuant to NRS 178.488. The State opposes the motion.”
Lane v. State, 652 P.2d 1174 (Nev. 1982). “Bail pending appeal may be denied if an appellant’s release poses a risk of flight or danger to the community, In re Austin, *460 supra, or if the appeal appears frivolous or taken for delay, NRS 178.488(1). From a preliminary examination of the record before us on appeal, we…”
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