Nevada Revised Statutes

Nev. Rev. Stat. § 189.120 (2026)

Appeal by State from order granting defendant’s motion to suppress evidence

✓ current as of July 2026

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NRS 189.120 Appeal by State from order granting defendant’s motion to suppress evidence.

1. The State may appeal to the district court from an order of a justice court granting the motion of a defendant to suppress evidence.

2. Such an appeal shall be taken:

(a) Within 2 days after the rendition of such an order during a trial or preliminary examination.

(b) Within 5 days after the rendition of such an order before a trial or preliminary examination.

3. Upon perfecting such an appeal:

(a) After the commencement of a trial or preliminary examination, further proceedings in the trial shall be stayed pending the final determination of the appeal.

(b) Before trial or preliminary examination, the time limitation within which a defendant shall be brought to trial shall be extended for the period necessary for the final determination of the appeal.

(Added to NRS by 1969, 1079)

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1980–2022 · leading case: Goicoechea v. Fourth Jud. Dist. Court Ex Rel. Cnty. of Elko, 607 P.2d 1140 (Nev. 1980).

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Goicoechea v. Fourth Jud. Dist. Court Ex Rel. Cnty. of Elko, 607 P.2d 1140 (Nev. 1980). · cites it 3× “Prior to trial, petitioners filed a motion to suppress the results of a sobriety test and breathalyzer test on the grounds that such results were the fruits of an illegal search and were obtained in violation of petitioners’ fourth amendment rights.”

Parsons v. Fifth Jud. Dist. Court, 885 P.2d 1316 (Nev. 1994). · cites it 4× “Parsons argues that the district court erred in entertaining the State’s petition for a writ of certiorari because the State had an adequate remedy at law pursuant to NRS 189.120 2 to challenge the justice court’s order suppressing one of the alleged prior convictions.”

Salaiscooper v. Eighth Jud. Dist. Court, 34 P.3d 509 (Nev. 2001). “8 NRS 189.120; State v. Shade, 110 Nev. 57 , 867 P.”

Grace (lecory) Vs. Dist. Ct. (state), 2016 NV 51 (Nev. 2016). · cites it 48× “Pursuant to NRS 189.120, the State appealed the justice court's order of suppression and dismissal to the Eighth Judicial District Court, again arguing the justice court lacked authority to rule on suppression issues.”

State ex rel. Miller v. Eighth Jud. Dist. Court, 623 P.2d 976 (Nev. 1981). “Sec NRS 189.120. This court has not previously addressed the question of whether a bail bond forfeiture proceeding is civil or criminal in *35 nature.”

Grace (lecory) Vs. Dist. Ct. (state), 2016 NV 51 (Nev. 2016). · cites it 12× “Pursuant to NRS 189.120, the State appealed the justice court's order of suppression and dismissal to the Eighth Judicial District Court, again arguing the justice court lacked authority to rule on suppression issues.”

Gathrite (deandre) Vs. Dist. Ct. (state), 2019 NV 54 (Nev. 2019). · cites it 4× “3d 1017, 1018 (2016), and allowed the State to challenge the justice court's suppression ruling through an expedited appeal to the district court,5 NRS 189.120; see also Grace, 132 Nev. at 518, 375 P.”

Pappas (Dana) v. Dist. Ct. (City of Las Vegas) (Nev. 2016). “See NRS 189.120 (expressly conferring upon the district court the power to review an order of the justice court granting a defendant's motion to suppress evidence); NRS 5.”

Pool (Tyler) v. Dist. Ct. (State) (Nev. 2022). “NRS 189.120(1) ("The State rnay appeal to the district court from an order of a justice court granting the motion of a defendant to suppress evidence.”

— Nev. Rev. Stat. § 189.120(1) — 1 case

Pool (Tyler) v. Dist. Ct. (State) (Nev. 2022). “NRS 189.120(1) ("The State rnay appeal to the district court from an order of a justice court granting the motion of a defendant to suppress evidence.”

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