Nev. Rev. Stat. » NRS: CHAPTER 51 - HEARSAY
Nevada Revised Statutes

Nev. Rev. Stat. § 51.325 (2026)

Former testimony

✓ current as of July 2026
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NRS 51.325  Former testimony.  Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of another proceeding, is not inadmissible under the hearsay rule if:

      1.  The declarant is unavailable as a witness; and

      2.  If the proceeding was different, the party against whom the former testimony is offered was a party or is in privity with one of the former parties and the issues are substantially the same.

      (Added to NRS by 1971, 797)

     

Notes of Decisions
Cited in 23 cases (4 in the last 5 years), 1976–2026 · leading case: Byford v. State, 994 P.2d 700 (Nev. 2000).
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Byford v. State, 994 P.2d 700 (Nev. 2000). · cites it 2× “Nevertheless, the prior testimony was admissible pursuant to NRS 51.325, which provides: Testimony given as a witness at another hearing of the same or a different proceeding.”
Lisle v. State, 941 P.2d 459 (Nev. 1997). · cites it 2× “Lisle's counsel had asked only one question on cross-examination.”
Funches v. State, 944 P.2d 775 (Nev. 1997). · cites it 4× “055(1)(b), and admitted his preliminary hearing testimony under the former testimony exception to the hearsay rule, NRS 51.325." Id. at 45 , 604 P.2d at 813 .”
Consol. Generator-Nevada, Inc. v. Cummins Engine Co., 971 P.2d 1251 (Nev. 1998). “See NRS 51.325. Third, we hold that the court did not abuse its discretion in not allowing CGN to list Gia McGillivray as a witness because the request was made less than a week before trial.”
Flores v. State, 120 P.3d 1170 (Nev. 2005). “33 Needless to say, Crawford places in doubt the use of testimonial hearsay statements in criminal cases under NRS 51.325 (former testimony), NRS 51.335 (statements under belief of impending death), NRS 51.”
Hernandez v. State, 188 P.3d 1126 (Nev. 2008). “198 and NRS 51.325 “if three preconditions exist: first, that the defendant was represented by counsel at the preliminary hearing; second, that counsel cross-examined the witness; third, that the witness is shown to be actually unavailable at the time of trial.”
State v. Eighth Jud. Dist. Court of Nev., 412 P.3d 18 (Nev. 2018). “NRS 51.325(1). Having resolved this writ petition, we lift the stay entered on December 1, 2016.”
Johnstone v. State, 548 P.2d 1362 (Nev. 1976). · cites it 2× “The provisions of NRS 51.325 to 51.355, inclusive, are illustrative and not restrictive of the exception provided by this section.”
Passarelli v. State, 564 P.2d 608 (Nev. 1977). · cites it 2× “NRS 51.325(1) 1 and 51.055(1) (c). 2 Ondra’s alleged unreliability is not grounds for excluding the evidence, but merely goes to her credibility and the weight to be given her testimony which are determinations for the trier of fact.”
Howard Hughes Med. Inst. v. Gavin, 621 P.2d 489 (Nev. 1980). “The provisions of NRS 51.325 to 51.355, inclusive, are illustrative and not restrictive of the exception provided by this section.”
LaPena v. State, 604 P.2d 811 (Nev. 1980). “055(l)(b), and admitted his preliminary hearing testimony under the former testimony exception to the hearsay rule, NRS 51.325. We note that the admissibility of preliminary hearing testimony in later proceedings is governed by NRS 171.”
Lemberes v. State, 634 P.2d 1219 (Nev. 1981). “In LaPena we held that it was error for the district court to admit preliminary hearing testimony under the general evidence code provisions governing admission of prior testimony, NRS 51.325, and unavailability, NRS 51.055(l)(b), rather than abiding by the specific requirement…”
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— Nev. Rev. Stat. § 51.325(1) — 4 cases
State v. Eighth Jud. Dist. Court of Nev., 412 P.3d 18 (Nev. 2018). “NRS 51.325(1). Having resolved this writ petition, we lift the stay entered on December 1, 2016.”
Passarelli v. State, 564 P.2d 608 (Nev. 1977). “NRS 51.325(1) 1 and 51.055(1) (c). 2 Ondra’s alleged unreliability is not grounds for excluding the evidence, but merely goes to her credibility and the weight to be given her testimony which are determinations for the trier of fact.”
State Vs. Dist. Ct. (baker (jeffrey)), 2018 NV 13 (Nev. 2018).
State Vs. Dist. Ct. (baker (jeffrey)), 2018 NV 13 (Nev. 2018).
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