A court may allow a videotaped deposition to be used instead of the deponent’s testimony at trial only if:
1. In the case of a victim of sexual abuse, as that term is defined in NRS 432B.100:
(a) Before the deposition is taken, a hearing is held by a justice of the peace or district judge who finds that:
(1) The use of the videotaped deposition in lieu of testimony at trial is necessary to protect the welfare of the victim; and
(2) The presence of the accused at trial would inflict trauma, more than minimal in degree, upon the victim; and
(b) At the time a party seeks to use the deposition, the court determines that the conditions set forth in subparagraphs (1) and (2) of paragraph (a) continue to exist. The court may hold a hearing before the use of the deposition to make its determination.
2. In the case of a victim of sex trafficking as that term is defined in subsection 2 of NRS 201.300 or a victim of facilitating sex trafficking as that term is defined in subsection 1 of NRS 201.301:
(a) Before the deposition is taken, a hearing is held by a justice of the peace or district judge and the justice or judge finds that cause exists pursuant to paragraph (c) of subsection 1 of NRS 174.227; and
(b) Before allowing the videotaped deposition to be used at trial, the court finds that the victim is unavailable as a witness.
3. In all cases:
(a) A justice of the peace or district judge presides over the taking of the deposition;
(b) The accused is able to hear and see the proceedings;
(c) The accused is represented by counsel who, if physically separated from the accused, is able to communicate orally with the accused by electronic means;
(d) The accused is given an adequate opportunity to cross-examine the deponent subject to the protection of the deponent deemed necessary by the court; and
(e) The deponent testifies under oath.
(Added to NRS by 1993, 251; A 2013, 2420; 2019, 1808)
Structure Nevada Revised Statutes
Chapter 174 - Arraignment and Preparation for Trial
NRS 174.015 - Conduct of arraignment.
NRS 174.031 - Determination of eligibility; court may order defendant to complete program.
NRS 174.032 - Establishment of program; terms and conditions.
NRS 174.034 - Sealing of records after discharge.
NRS 174.035 - Types of pleas; procedure for entering plea.
NRS 174.055 - Proceedings on plea of guilty or guilty but mentally ill in justice court.
NRS 174.061 - Plea bargaining: General requirements; prohibited agreements.
NRS 174.063 - Written plea agreement for plea of guilty or guilty but mentally ill: Form; contents.
NRS 174.065 - When plea may specify degree of crime or punishment.
NRS 174.075 - Pleadings and motions.
NRS 174.095 - Defenses and objections which may be raised by motion.
NRS 174.105 - Defenses and objections which must be raised by motion.
NRS 174.115 - Time of making motion.
NRS 174.125 - Certain motions required to be made before trial.
NRS 174.135 - Hearing on motion.
NRS 174.145 - Effect of determination.
NRS 174.155 - Trial together of indictments or informations.
NRS 174.165 - Relief from prejudicial joinder.
NRS 174.185 - Notice of taking.
NRS 174.195 - Defendant’s counsel and payment of expenses.
NRS 174.215 - Use of deposition.
NRS 174.225 - Objections to admissibility.
NRS 174.227 - Videotaped depositions: Order of court; notice to parties; cross-examination; use.
NRS 174.228 - Videotaped depositions: Use.
NRS 174.229 - Videotaped testimony.
NRS 174.231 - Effect of NRS 174.227, 174.228 and 174.229.
NRS 174.235 - Disclosure by prosecuting attorney of evidence relating to prosecution; limitations.
NRS 174.245 - Disclosure by defendant of evidence relating to defense; limitations.
NRS 174.275 - Protective orders.
NRS 174.295 - Continuing duty to disclose; failure to comply; sanctions.
NRS 174.305 - Subpoena for attendance of witnesses; form; issuance.
NRS 174.325 - Production of prisoner as witness.
NRS 174.335 - Subpoena for production of documentary evidence and of objects.
NRS 174.345 - Service of subpoena.
NRS 174.365 - Place of service.
NRS 174.375 - Subpoena for taking depositions; place of examination.
NRS 174.415 - Summoning witness in this State to testify in another state.
NRS 174.425 - Witness from another state summoned to testify in this State.
NRS 174.435 - Exemption from arrest and service of process.
NRS 174.445 - Uniformity of interpretation.
NRS 174.475 - Order transferring action: When to be made.
NRS 174.485 - Entry of order of removal; transmittal of papers.
NRS 174.495 - Proceedings on removal when defendant is in custody.
NRS 174.505 - Authority of court to which action is removed; transmission of original papers.
NRS 174.511 - Right of State to trial within 60 days after arraignment; exceptions.