Nevada Revised Statutes

Nev. Rev. Stat. § 178.556 (2026)

Dismissal by court for unnecessary delay

✓ current as of July 2026
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NRS 178.556  Dismissal by court for unnecessary delay.

      1.  If no indictment is found or information filed against a person within 15 days after the person has been held to answer for a public offense which must be prosecuted by indictment or information, the court may dismiss the complaint. If a defendant whose trial has not been postponed upon the defendant’s application is not brought to trial within 60 days after the arraignment on the indictment or information, the district court may dismiss the indictment or information.

      2.  If a defendant whose trial has not been postponed upon the defendant’s application is not brought to trial within 60 days after the arraignment on the complaint for an offense triable in a Justice or municipal Court, the court may dismiss the complaint.

      (Added to NRS by 1967, 1456; A 1985, 65; 1991, 70)

     

Notes of Decisions
Cited in 67 cases (11 in the last 5 years), 1969–2026 · leading case: Wyatt v. State, 468 P.2d 338 (Nev. 1970).
Wyatt v. State, 468 P.2d 338 (Nev. 1970). · cites it 6× “He further contends that the provisions of NRS 178.556 2 were violated and as a result he was denied his constitutional right to a speedy trial, and that his constitutional rights protected by Miranda v.”
United States v. Marion, 404 U.S. 307 (1971). · cites it 2× “1-191 (1960); Nev. Rev. Stat. § 178.556 (1967). A more comprehensive list of such state statutes appears in American Bar Association Project on Standards for Criminal Justice, Speedy Trial 14-15 (Approved Draft 1968).”
Betterman v. Montana, 136 S. Ct. 1609 (2016). “§§ 29-1207, 29-1208 (2008) ; Nev.Rev.Stat. § 178.556 (2013); N.Y. Crim.”
Byford v. State, 994 P.2d 700 (Nev. 2000). · cites it 2× “NRS 178.556(1) provides that if the defendant has not postponed the trial, the district court may dismiss a case not brought to trial within sixty days after arraignment.”
Thompson v. State, 221 P.3d 708 (Nev. 2009). · cites it 2× “[5] NRS 178.556 permits a court to dismiss an indictment, information, or criminal complaint for unnecessary delay.”
Harvey v. State, 774 P.2d 87 (Wyo. 1989). · cites it 2× “38, ¶ 103-5 (Smith-Hurd 1980) (enacted 1963); Nev.Rev.Stat. § 178.556 (1987) (enacted 1967); see also Constitutional Right, supra note 21, at 697-98.”
Meegan v. State, 968 P.2d 292 (Nev. 1999). · cites it 5× “NRS 178.556 provides that the district court may dismiss a complaint if the defendant is not brought to trial within sixty days of his arraignment.”
Anderson v. State, 477 P.2d 595 (Nev. 1970). · cites it 4× “*833 On August 7, 1969, Anderson’s new counsel moved to dismiss the action because it had not been brought to trial within 60 days after filing of the information pursuant to NRS 178.556. He also contended his constitutional right to a speedy trial had been violated, sought a…”
Graves v. State, 912 P.2d 234 (Nev. 1996). · cites it 2× “NRS 178.556(1) provides that a defendant should be brought to trial within 60 days after the arraignment on the indictment or information.”
Redmen v. State, 828 P.2d 395 (Nev. 1992). · cites it 2× “[3] In weighing the mitigating circumstance *398 against the aggravating circumstances, the panel found that the mitigating circumstances did not outweigh the aggravating circumstances.”
Huebner v. State, 731 P.2d 1330 (Nev. 1987). · cites it 2× “The conviction must therefore be affirmed unless there is substance to Huebner’s claim that he was denied his right to a speedy trial under the Constitution or under NRS 178.556 or that his rights under NRS 171.”
Manley v. State, 979 P.2d 703 (Nev. 1999). · cites it 2× “700; NRS 178.556(1). Further, the habeas petition was not deficient, as appellant claims.”
— Nev. Rev. Stat. § 178.556(1) — 19 cases
Byford v. State, 994 P.2d 700 (Nev. 2000). “NRS 178.556(1) provides that if the defendant has not postponed the trial, the district court may dismiss a case not brought to trial within sixty days after arraignment.”
Graves v. State, 912 P.2d 234 (Nev. 1996). “NRS 178.556(1) provides that a defendant should be brought to trial within 60 days after the arraignment on the indictment or information.”
Manley v. State, 979 P.2d 703 (Nev. 1999). “700; NRS 178.556(1). Further, the habeas petition was not deficient, as appellant claims.”
State v. Robles-Nieves, 306 P.3d 399 (Nev. 2013).
Meegan v. State, 968 P.2d 292 (Nev. 1999). “NRS 178.556 provides that the district court may dismiss a complaint if the defendant is not brought to trial within sixty days of his arraignment.”
— Nev. Rev. Stat. § 178.556(2) — 1 case
Furbay v. State, 998 P.2d 553 (Nev. 2000).
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