Nevada Revised Statutes
Chapter 172 - Proceedings After Commitment and Before Indictment
NRS 172.197 - Procedure when person subpoenaed to appear before grand jury intends to assert constitutional privilege against self-incrimination.


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

Nevada Revised Statutes

Chapter 172 - Proceedings After Commitment and Before Indictment

NRS 172.005 - Definitions.

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 172.095 - Charges to be given to grand jury by court; district attorney to inform grand jury of specific elements of public offense considered as basis of indictment.

NRS 172.097 - Supervision of grand jury by impaneling judge; limitations on and review of expenditures; monthly statement by county treasurer.

NRS 172.105 - Powers.

NRS 172.107 - Limitations on use of grand jury.

NRS 172.135 - Evidence receivable before grand jury.

NRS 172.137 - Use of affidavit before grand jury: When permitted; notice by district attorney; circumstances under which district attorney must produce person who signed affidavit; continuances.

NRS 172.138 - Use of audiovisual technology to present live testimony before grand jury: Requirements.

NRS 172.139 - District attorney and grand jury prohibited from questioning attorney regarding matters learned for client or issuing subpoena for work done by attorney for client.

NRS 172.145 - Defendant entitled to submit statement regarding preliminary hearing which grand jury must receive; grand jury required to hear and district attorney required to submit known evidence which will explain away charge; invitations and issu...

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 172.195 - Issuance of subpoenas by grand jury; subpoenaed witnesses must be informed of general nature of inquiry.

NRS 172.197 - Procedure when person subpoenaed to appear before grand jury intends to assert constitutional privilege against self-incrimination.

NRS 172.205 - Power to engage services of skilled persons.

NRS 172.215 - Certified court reporter: Appointment; compensation; material required for and prohibited from inclusion in notes.

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 172.241 - Right of certain persons to appear before grand jury; notice of consideration of indictment; withholding of notice; effect of inadequate notice.

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 172.269 - Report of grand jury: Inclusion of recommendations to public officers or agencies; criticism must be constructive; positive statement of no indictable activity required, if applicable.

NRS 172.271 - Report of grand jury: Preliminary review by court; notification of identified persons; procedure to expunge improper material; filing and distribution.

NRS 172.275 - Discharge of grand jury; discharge or excuse of juror.

NRS 172.285 - Warrant on presentment.

NRS 172.295 - Review by person of person’s prior testimony before testifying before grand jury again.

NRS 172.305 - Failure to disclose subject of grand jury’s inquiry to defendant not cause for dismissal of subsequent presentment or indictment.