Nevada § 171.196 - Revised Statutes Preliminary examination: Waiver; time for conducting; postponement; introduction of evidence and cross-examination of witnesses by defendant; admissibility of hearsay evidence

§ 171.196. Revised Statutes Preliminary examination: Waiver; time for conducting; postponement; introduction of evidence and cross-examination of witnesses by defendant; admissibility of hearsay evidence

1. If an offense is not triable in the Justice Court, the defendant must not be called

upon to plead. If the defendant waives preliminary examination, the magistrate shall immediately

hold the defendant to answer in the district court. 2. If the defendant does not waive examination, the magistrate shall hear the evidence

within 15 days, unless for good cause shown the magistrate extends such time. Unless the defendant waives counsel, reasonable time must be allowed for counsel

to appear. 3. Except as otherwise provided in this subsection, if the magistrate postpones the

examination at the request of a party, the magistrate may order that party to pay

all or part of the costs and fees expended to have a witness attend the examination. The magistrate shall not require a party who requested the postponement of the examination

to pay for the costs and fees of a witness if: (a) It was not reasonably necessary for the witness to attend the examination; or (b) The magistrate ordered the extension pursuant to subsection 4. 4. If application is made for the appointment of counsel for an indigent defendant,

the magistrate shall postpone the examination until: (a) The application has been granted or denied; and (b) If the application is granted, the attorney appointed or the public defender has

had reasonable time to appear. 5. The defendant may cross-examine witnesses against him or her and may introduce

evidence in his or her own behalf. 6. Hearsay evidence consisting of a statement made by the alleged victim of the offense

is admissible at a preliminary examination conducted pursuant to this section only

if the defendant is charged with one or more of the following offenses: (a) A sexual offense committed against a child who is under the age of 16 years if

the offense is punishable as a felony. As used in this paragraph, “sexual offense” has the meaning ascribed to it in NRS 179D.097 . (b) Abuse of a child pursuant to NRS 200.508 if the offense is committed against a child who is under the age of 16 years and

the offense is punishable as a felony. (c) An act which constitutes domestic violence pursuant to NRS 33.018 , which is punishable as a felony and which resulted in substantial bodily harm to

the alleged victim.