Nevada Revised Statutes
Chapter 173 - Indictment and Information
NRS 173.035 - Information may be filed following preliminary examination when accused is bound over or when preliminary examination is waived; when information is filed on affidavit; limitation of time; amended information may include additional char...


1. An information may be filed against any person for any offense when the person:
(a) Has had a preliminary examination as provided by law before a justice of the peace, or other examining officer or magistrate, and has been bound over to appear at the court having jurisdiction; or
(b) Has waived the right to a preliminary examination.
2. If, however, upon the preliminary examination the accused has been discharged, or the affidavit or complaint upon which the examination has been held has not been delivered to the clerk of the proper court, the Attorney General when acting pursuant to a specific statute or the district attorney may, upon affidavit of any person who has knowledge of the commission of an offense, and who is a competent witness to testify in the case, setting forth the offense and the name of the person or persons charged with the commission thereof, upon being furnished with the names of the witnesses for the prosecution, by leave of the court first had, file an information, and process must forthwith be issued thereon. The affidavit need not be filed in cases where the defendant has waived a preliminary examination, or upon a preliminary examination has been bound over to appear at the court having jurisdiction.
3. The information must be filed within 15 days after the holding or waiver of the preliminary examination. Each information must set forth the crime committed according to the facts.
4. If, with the consent of the prosecuting attorney, a defendant waives the right to a preliminary examination in accordance with an agreement by the defendant to plead guilty, guilty but mentally ill or nolo contendere to a lesser charge or to at least one, but not all, of the initial charges, the information filed against the defendant pursuant to this section may contain only the offense or offenses to which the defendant has agreed to enter a plea of guilty, guilty but mentally ill or nolo contendere. If, for any reason, the agreement is rejected by the district court or withdrawn by the defendant, the prosecuting attorney may file an amended information charging all of the offenses which were in the criminal complaint upon which the preliminary examination was waived. The defendant must then be arraigned in accordance with the amended information.
(Added to NRS by 1967, 1412; A 1975, 654; 1979, 1093; 1989, 163; 1993, 82; 1995, 2448; 2003, 1456; 2007, 1404)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 173 - Indictment and Information

NRS 173.015 - First pleading by State.

NRS 173.025 - Courts may act upon information for all offenses.

NRS 173.035 - Information may be filed following preliminary examination when accused is bound over or when preliminary examination is waived; when information is filed on affidavit; limitation of time; amended information may include additional char...

NRS 173.045 - District attorney or Attorney General to be informant; endorsement of names of witnesses; affidavits.

NRS 173.049 - Court clerk may accept information filed electronically; procedure; service.

NRS 173.055 - Duties of district attorney or Attorney General; written statement containing reasons why information not filed.

NRS 173.065 - Judge may require Attorney General to prosecute if district attorney refuses.

NRS 173.075 - Nature and contents generally.

NRS 173.085 - Surplusage.

NRS 173.095 - Amendment; notice of habitual criminality, habitually fraudulent felon or habitual felon.

NRS 173.105 - Charging defendant by fictitious or erroneous name: Insertion of true name.

NRS 173.115 - Joinder of offenses. [Effective through December 31, 2021.] Joinder of offenses. [Effective January 1, 2022.]

NRS 173.125 - Prosecution not required to elect between different offenses or counts; plea of guilty or guilty but mentally ill to one offense does not preclude prosecution for other offenses.

NRS 173.135 - Joinder of defendants.

NRS 173.145 - Issuance of warrant or summons.

NRS 173.155 - Form of warrant; fixing and endorsement of amount of bail.

NRS 173.165 - Manner of proceeding on giving bail in another county.

NRS 173.175 - Ordering defendant charged with felony into custody unless increased bail is given.

NRS 173.185 - Form of summons.

NRS 173.195 - Execution of warrant and service of summons.

NRS 173.205 - Return of warrant and summons; reissuance.