Nevada § 179.1173 - Proceedings for forfeiture: Priority over other civil matters; order to stay; standard of proof; conviction of claimant not required; confidentiality of informants; return of property to claimant; forfeiture as part of plea or stipulated agreement

§ 179.1173. Proceedings for forfeiture: Priority over other civil matters; order to stay; standard of proof; conviction of claimant not required; confidentiality of informants; return of property to claimant; forfeiture as part of plea or stipulated agreement

1. Except as otherwise provided in subsection 2, the district court shall proceed

as soon as practicable to a trial and determination of the matter. A proceeding for forfeiture is entitled to priority over other civil actions which

are not otherwise entitled to priority. 2. At a proceeding for forfeiture, the court shall issue an order staying the proceeding

that remains in effect while the criminal action which is the basis of the proceeding

is pending trial. The court shall lift the stay after the trial is completed. If the claimant is acquitted during the trial, the property of the claimant must

be returned to the claimant within 7 business days after the acquittal. 3. If property has been seized and the criminal charges against the owner of such

property are denied or dismissed, all such property must be returned to the owner

within 7 business days after the criminal charges are denied or dismissed. 4. The plaintiff in a proceeding for forfeiture must establish proof by clear and

convincing evidence that the property is subject to forfeiture. 5. In a proceeding for forfeiture, the rule of law that forfeitures are not favored

does not apply. 6. The plaintiff is not required to plead or prove that a claimant has been charged

with or convicted of any criminal offense. If proof of such a conviction is made, and it is shown that the judgment of conviction

has become final, the proof is, as against any claimant, conclusive evidence of all

facts necessary to sustain the conviction. 7. The plaintiff has an absolute privilege to refuse to disclose the identity of any

person, other than a witness, who has furnished to a law enforcement officer information

purporting to reveal the commission of a crime. The privilege may be claimed by an appropriate representative of the plaintiff. 8. If the court determines that the property is not subject to forfeiture, the court

shall order the property and any interest accrued pursuant to subsection 2 of NRS 179.1175 returned to the claimant found to be entitled to the property within 7 business days

after the order is issued. If the court determines that the property is subject to forfeiture, the court shall

so decree. The property, including any interest accrued pursuant to subsection 2 of NRS 179.1175 , must be forfeited to the plaintiff, subject to the right of any claimant who establishes

a protected interest. Any such claimant must, upon the sale or retention of the property, be compensated

for the claimant's interest in the manner provided in NRS 179.118 . 9. A claimant who agrees to enter a plea of guilty, guilty but mentally ill or nolo

contendere to criminal charges relating to the seized property or reaches a stipulated

agreement with the plaintiff may agree to the forfeiture of any property as part of

the plea or agreement. 10. If the court accepts a plea or stipulated agreement pursuant to subsection 9,

the court shall order forfeiture of the property that the claimant agreed to forfeit

pursuant to the plea or agreement.