Nevada Revised Statutes

Nev. Rev. Stat. § 51.335 (2026)

Statement under belief of impending death

✓ current as of July 2026
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NRS 51.335  Statement under belief of impending death.  A statement made by a declarant while believing that his or her death was imminent is not inadmissible under the hearsay rule if the declarant is unavailable as a witness.

      (Added to NRS by 1971, 797)

     

Notes of Decisions
Cited in 11 cases, 1974–2020 · leading case: Shuman v. State, 578 P.2d 1183 (Nev. 1978).
Shuman v. State, 578 P.2d 1183 (Nev. 1978). · cites it 8× “Prior to the adoption of NRS 51.335 [2] in 1971, Nevada did not admit as dying declarations, expressions of opinion.”
Maresca v. State, 748 P.2d 3 (Nev. 1987). “3 NRS 51.335 states: A statement made by a declarant while believing that his death was imminent is not inadmissable under the hearsay rule if the declarant is unavailable as a witness.”
Harkins v. State, 143 P.3d 706 (Nev. 2006). “7 Under NRS 51.335, “[a] statement made by a declarant while believing that his death was imminent is not inadmissible under the hearsay rule if the declarant is unavailable as a witness.”
Flores v. State, 120 P.3d 1170 (Nev. 2005). “325 (former testimony), NRS 51.335 (statements under belief of impending death), NRS 51.”
Bishop v. State, 554 P.2d 266 (Nev. 1976). · cites it 2× “3 NRS 51.335. 4 *518 Appellant argues that the prosecution failed to show that Wright believed his death to be imminent at the time he made the accusatory statements.”
Rugamas v. Eighth Jud. Dist. Court of the State of Nevada ex rel. Cnty. of Clark, 305 P.3d 887 (Nev. 2013). “That statute allows the admission “in a criminal proceeding” of statements by a child under the age of 10 describing any act of sexual conduct or physical abuse if the child testifies at the proceeding or is unavailable or unable to testify and “[t]he court finds, in a hearing…”
Phillips v. Sheriff, 565 P.2d 330 (Nev. 1977). “-135 requires that only legally admissible evidence be presented to the grand jury, the particular statements in question were dying declarations, which are admissible under NRS 51.335. 1 Therefore, we perceive no error in the presentation of these statements to the grand jury.”
Shuman v. Sheriff of Carson City, 523 P.2d 841 (Nev. 1974). “The challenge to the sufficiency of the evidence is directed to several statements made by the deceased and admitted in evidence as dying declarations under NRS 51.335. Appellant argues the statements were not properly qualified as “dying declarations” because when they were…”
Fine Vs. Fine (Nev. 2020). · cites it 2× “See NRS 51.335 (A statement made by a declarant while believing that his or her death was imminent is not inadmissible under the hearsay rule if the declarant is unavailable as a witness.”
Robinson (Javon) Vs. State (Nev. 2020). “See NRS 51.335 (providing the dying declaration exception to otherwise inadmissible hearsay).”
Rugamas v. Eighth Jud. Dist. Ct. (Nev. 2013). “That statute allows the admission "in a criminal proceeding" of statements by a child under the age of 10 describing any act of sexual conduct or physical abuse if the child testifies at the proceeding or is unavailable or unable to testify and "[t]he court finds, in a hearing…”
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