Nevada § 171.198 - Reporting testimony of witnesses

§ 171.198. Reporting testimony of witnesses

1. Except as otherwise provided in subsection 2, a magistrate shall employ a certified

court reporter to take down all the testimony and the proceedings on the hearing or

examination and, within such time as the court may designate, have such testimony

and proceedings transcribed into typewritten transcript. 2. A magistrate who presides over a preliminary hearing in a justice court, in any

case other than in a case in which the death penalty is sought, may employ a certified

court reporter to take down all the testimony and the proceedings on the hearing or

appoint a person to use sound recording equipment to record all the testimony and

the proceedings on the hearing. If the magistrate appoints a person to use sound recording equipment to record the

testimony and proceedings on the hearing, the testimony and proceedings must be recorded

and transcribed in the same manner as set forth in NRS 4.390 to 4.420 , inclusive. Any transcript of the testimony and proceedings produced from a recording conducted

pursuant to this subsection is subject to the provisions of this section in the same

manner as a transcript produced by a certified court reporter. 3. When the testimony of each witness is all taken and transcribed by the reporter,

the reporter shall certify to the transcript in the same manner as for a transcript

of testimony in the district court, which certificate authenticates the transcript

for all purposes of this title. 4. Before the date set for trial, either party may move the court before which the

case is pending to add to, delete from or otherwise correct the transcript to conform

with the testimony as given and to settle the transcript so altered. 5. The compensation for the services of a reporter employed as provided in this section

are the same as provided in NRS 3.370 , to be paid out of the county treasury as other claims against the county are allowed

and paid. 6. Testimony reduced to writing and authenticated according to the provisions of this

section must be filed by the examining magistrate with the clerk of the district court

of the magistrate’s county, and if the prisoner is subsequently examined upon a writ

of habeas corpus, such testimony must be considered as given before such judge or

court. A copy of the transcript must be furnished to the defendant and to the district

attorney. 7. The testimony so taken may be used: (a) By the defendant; or (b) By the State if the defendant was represented by counsel or affirmatively waived

his or her right to counsel, upon the trial of the cause, and in all proceedings therein, when the witness is sick,

out of the State, dead, or persistent in refusing to testify despite an order of the

judge to do so, or when the witness’s personal attendance cannot be had in court.