Nev. Rev. Stat. » NRS: CHAPTER 51 - HEARSAY

Nev. Rev. Stat. § 51.315

General exception; other exceptions illustrative

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NRS 51.315  General exception; other exceptions illustrative.

      1.  A statement is not excluded by the hearsay rule if:

      (a) Its nature and the special circumstances under which it was made offer strong assurances of accuracy; and

      (b) The declarant is unavailable as a witness.

      2.  The provisions of NRS 51.325 to 51.355, inclusive, are illustrative and not restrictive of the exception provided by this section.

      (Added to NRS by 1971, 797)

     

Notes of Decisions
Cited in 19 cases (2 in the last 5 years), 1976–2022 · leading case: Flores v. State
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Flores v. State (2005) nev · cites it 5× “After conducting a hearing during which Sylvia and Diaz testified, the district court granted the State’s pretrial motion to admit Sylvia’s out-of-court statements under NRS 51.315(1). 2 In this, the district court found that Sylvia was unavailable as a witness, observing that,…”
Johnstone v. State (1976) nev · cites it 12× “According to Nevada's Evidence Code, adopted in 1971, a statement is not excluded by the hearsay rule if its nature and the circumstances under which it is made offer "assurances of accuracy not likely to be enhanced by calling the declarant as a witness.”
Guy v. State (1992) nev · cites it 6× “075, NRS 51.315, or NRS 51.345. [3] We disagree.”
Maresca v. State (1987) nev · cites it 3× “4 We have previously held that a statement could be admitted under NRS 51.315 where the persons making the statement had no involvement with the police, the defendant, or the victims; where neither the declarants nor the police had any apparent motive to lie; where the…”
Miranda v. State (1985) nev · cites it 4× “Anderson was not available to testify at trial, and Miranda therefore attempted to introduce into evidence a statement made by Anderson to the police prior to trial indicating that he had not gone to the victim's home with Miranda and Cabrera and that he knew nothing of the…”
Woods v. State (1985) nev · cites it 4× “We pointed out that the Evidence Code itself declares that the expressly stated hearsay exceptions are illustrative and not restrictive; the general rule is that a statement is admissible if its nature and the circumstances under which it is made offer assurances of accuracy.”
Commonwealth v. Drayton (2015) mass “§ 27-804 (2)(e); Nev. Rev. Stat. § 51.315 ; N.H. R. Evid. 804(b)(6); N.”
Howard Hughes Medical Institute v. Gavin (1980) nev · cites it 2× “HHMI contends that declarations of a deceased person who had knowledge of the contents of a lost will should be considered testimony of one of the two credible witnesses required by NRS 136.”
Franco v. State (1993) nev “5 The general exception, NRS 51.315, provides that “[a] statement is not excluded by the hearsay rule if.”
Dyer v. State (1983) nev · cites it 3× “” 2 NRS 51.315 in pertinent part provides: 51.”
Johnson (Jerry) v. State (2018) nev · cites it 4× “Johnson argues the interviewS was admissible pursuant to NRS 51.315 because the security guard suffered a subsequent stroke and was unable to answer open-ended questions.”
Heglemeier v. State (1994) nev “” 5 The State also contends that the certificate was admissible under NRS 51.315 because the certificate was reliable and the declarant was unavailable to testify.”
Show all 19 citing cases →
— Nev. Rev. Stat. § 51.315(1) — 8 cases
Flores v. State (2005) nev “After conducting a hearing during which Sylvia and Diaz testified, the district court granted the State’s pretrial motion to admit Sylvia’s out-of-court statements under NRS 51.315(1). 2 In this, the district court found that Sylvia was unavailable as a witness, observing that,…”
Maresca v. State (1987) nev “4 We have previously held that a statement could be admitted under NRS 51.315 where the persons making the statement had no involvement with the police, the defendant, or the victims; where neither the declarants nor the police had any apparent motive to lie; where the…”
Miranda v. State (1985) nev “Anderson was not available to testify at trial, and Miranda therefore attempted to introduce into evidence a statement made by Anderson to the police prior to trial indicating that he had not gone to the victim's home with Miranda and Cabrera and that he knew nothing of the…”
Johnstone v. State (1976) nev “According to Nevada's Evidence Code, adopted in 1971, a statement is not excluded by the hearsay rule if its nature and the circumstances under which it is made offer "assurances of accuracy not likely to be enhanced by calling the declarant as a witness.”
Dyer v. State (1983) nev “” 2 NRS 51.315 in pertinent part provides: 51.”
— Nev. Rev. Stat. § 51.315(1)(a) — 1 case
Hidalgo v. Garrett (2022) nvd
— Nev. Rev. Stat. § 51.315(2) — 1 case
Johnstone v. State (1976) nev “According to Nevada's Evidence Code, adopted in 1971, a statement is not excluded by the hearsay rule if its nature and the circumstances under which it is made offer "assurances of accuracy not likely to be enhanced by calling the declarant as a witness.”
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