Nevada Revised Statutes
Nev. Rev. Stat. § 49.305 (2026)
Married person: Exception for insanity
✓ current as of July 2026
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NRS 49.305 Married person: Exception for insanity. When
a married person is insane, and has been so declared by a court of competent
jurisdiction, the other spouse shall be a competent witness to testify as to
any fact which transpired before or during such insanity, but the privilege of
so testifying shall cease when the party declared insane has been found by a
court of competent jurisdiction to be of sound mind, and the spouses shall then
have the testimonial limitations and privileges provided in NRS 49.295.
(Added to NRS by 1971, 786; A 2017, 778)
Notes of Decisions
Cited in 2
cases, 1985–2000 · leading case: Peck v. State, 7 P.3d 470 (Nev. 2000).
Peck v. State, 7 P.3d 470 (Nev. 2000). “Except as otherwise provided in subsections 2 and 3 and NRS 49.305: (a) A husband cannot be examined as a witness for or against his wife without his consent, nor a wife for or against her husband without her consent.”
Meador v. State, 711 P.2d 852 (Nev. 1985). “Except as provided in subsections 2 and 3 and NRS 49.305: (a) A husband cannot be examined as a witness for or against his wife without her consent, nor a wife for or against her husband without his consent.”
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