Nevada Revised Statutes
Chapter 172 - Proceedings After Commitment and Before Indictment
NRS 172.255 - Finding and return of presentment or indictment; effect of failure to indict.


1. A presentment or indictment may be found only upon the concurrence of 12 or more jurors.
2. The jurors shall vote separately on each person and each count included in a presentment or indictment.
3. The presentment or indictment must be returned by the grand jury to a judge in open court or, in the absence of the judge, to the clerk of the court in open court, who shall determine that 12 or more jurors concurred in finding a presentment or indictment. If the defendant has been held to answer and 12 jurors do not concur in finding a presentment or indictment, the foreman shall so report to the court in writing forthwith.
4. The failure to indict does not prevent the same charge from being again submitted to a grand jury if resubmission is approved by the court.
(Added to NRS by 1967, 1411; A 1971, 208; 1985, 1030)

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.