1. If a person who has been subpoenaed to appear before a grand jury informs the district attorney that the person intends to refuse to testify and to assert the person’s constitutional privilege against self-incrimination, the district attorney shall:
(a) Move for an order of immunity pursuant to NRS 178.572;
(b) Challenge the existence of a valid privilege by filing in any court of record a motion to compel the testimony of the person; or
(c) Withdraw the subpoena.
2. All proceedings which are held on a motion filed pursuant to subsection 1 must be closed.
3. If the existence of the privilege is challenged, the court shall hear the evidence of both parties and determine whether or not a valid privilege exists and to which matters, if any, it extends.
4. The district attorney shall not call a person to testify before a grand jury regarding matters which have been so determined to be within the person’s constitutional privilege against self-incrimination.
(Added to NRS by 1985, 554)
Structure Nevada Revised Statutes
Chapter 172 - Proceedings After Commitment and Before Indictment
NRS 172.015 - Prosecution of public offenses.
NRS 172.025 - Prosecution by accusation.
NRS 172.035 - Accusations, indictments and informations to be found or filed in district court.
NRS 172.045 - Impaneling grand juries.
NRS 172.047 - Grand jury impaneled for specific limited purpose.
NRS 172.055 - Challenges to grand jury and to grand jurors: How made and tried.
NRS 172.065 - Motion to dismiss presentment or indictment based on objections to grand jurors.
NRS 172.075 - Officers of grand jury.
NRS 172.085 - Oath of grand jurors.
NRS 172.107 - Limitations on use of grand jury.
NRS 172.135 - Evidence receivable before grand jury.
NRS 172.155 - Degree of evidence to warrant indictment; objection.
NRS 172.165 - Grand juror must declare knowledge as to commission of public offense; investigation.
NRS 172.175 - Matters into which grand jury shall and may inquire.
NRS 172.185 - Grand jury entitled to enter jails and examine records.
NRS 172.205 - Power to engage services of skilled persons.
NRS 172.225 - Transcripts: Preparation; public record.
NRS 172.235 - Who may be present when grand jury is in session.
NRS 172.239 - Legal counsel for certain persons who appear before grand jury.
NRS 172.245 - Secrecy of proceedings of grand jury; permitted disclosures; penalty.
NRS 172.255 - Finding and return of presentment or indictment; effect of failure to indict.
NRS 172.259 - Publication of fact that no indictment was issued by grand jury.
NRS 172.265 - Names of witnesses inserted or endorsed at foot of indictment.
NRS 172.267 - Report of grand jury: Scope; purpose; limitations.
NRS 172.275 - Discharge of grand jury; discharge or excuse of juror.