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Nevada Revised Statutes

Nev. Rev. Stat. § 3.230 (2026)

Statements upon matters of fact

✓ current as of July 2026
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NRS 3.230  Statements upon matters of fact.  District judges shall not charge juries upon matters of fact but may state the evidence and declare the law. In stating the evidence, the judge should not comment upon the probability or improbability of its truth nor the credibility thereof. If the judge states the evidence, the judge must also inform the jury that they are not to be governed by the judge’s statement upon matters of fact.

      [23:19:1865; B § 931; BH § 2445; C § 2526; RL § 4846; NCL § 8388]

     

Notes of Decisions
Cited in 6 cases, 1968–2019 · leading case: Truckee-Carson Irrigation Dist. v. Wyatt, 448 P.2d 46 (Nev. 1968).
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Truckee-Carson Irrigation Dist. v. Wyatt, 448 P.2d 46 (Nev. 1968). · cites it 4× “[1] It contends that this instruction constitutes an expression of opinion by the trial judge which is prohibited by NRS 3.230 [2] and Nev. Const. art. 6, § 12.”
Shannon v. State, 783 P.2d 942 (Nev. 1989). · cites it 2× “Stating the evidence is permissible pursuant to NRS 3.230. In contrast, charging the jury as to facts is specifically prohibited by article 6, section 12 of the Nevada Constitution and its statutory counterpart NRS 3.”
Barrett v. State, 776 P.2d 538 (Nev. 1989). · cites it 3× “” See also NRS 3.230. 3 First, in making the comment, the district judge was not “charging]” the jury.”
Gordon v. Hurtado, 541 P.2d 533 (Nev. 1975). · cites it 2× ““Judges shall not charge juries in respect to matters of fact, but may state the testimony and declare the law.” Nev. Const, art.”
Wheeler v. Twin Lakes Riding Stable, Inc., 500 P.2d 572 (Nev. 1972). “NRS 3.230. This barrier between court and jury preserves their respective functions and insures freedom in the jury to decide facts and the reasonable inferences therefrom without influence or direction from the court except as to applicable law.”
Pitts (Lloyd) Vs. State (Nev. 2019). “See NRS 3.230 (prohibiting statements regarding factual matters by district judges); Hymon, 121 Nev.”
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