Nevada Revised Statutes
Chapter 175 - Trial
NRS 175.161 - Instructions.


1. Upon the close of the argument, the judge shall charge the jury. The judge may state the testimony and declare the law, but may not charge the jury in respect to matters of fact. The charge must be reduced to writing before it is given, and no charge or instructions may be given to the jury otherwise than in writing, unless by the mutual consent of the parties. If either party requests it, the court must settle and give the instructions to the jury before the argument begins, but this does not prevent the giving of further instructions which may become necessary by reason of the argument.
2. In charging the jury, the judge shall state to them all such matters of law the judge thinks necessary for their information in giving their verdict.
3. Either party may present to the court any written charge, and request that it be given. If the court believes that the charge is pertinent and an accurate statement of the law, whether or not the charge has been adopted as a model jury instruction, it must be given. If the court believes that the charge is not pertinent or not an accurate statement of law, then it must be refused.
4. An original and one copy of each instruction requested by any party must be tendered to the court. The copies must be numbered and indicate who tendered them. Copies of instructions given on the court’s own motion or modified by the court must be so identified. When requested instructions are refused, the judge shall write on the margin of the original the word "refused" and initial or sign the notation. The instructions given to the jury must be firmly bound together and the judge shall write the word "given" at the conclusion thereof and sign the last of the instructions to signify that all have been given. After the instructions are given, the judge may not clarify, modify or in any manner explain them to the jury except in writing unless the parties agree to oral instructions.
5. After the jury has reached a verdict and been discharged, the originals of all instructions, whether given, modified or refused, must be preserved by the clerk as part of the proceedings.
6. Conferences with counsel to settle instructions must be held out of the presence of the jury and may be held in chambers at the option of the court.
7. When the offense charged carries a possible penalty of life without possibility of parole a charge to the jury that such penalty does not exclude executive clemency is a correct and pertinent charge, and must be given upon the request of either party.
(Added to NRS by 1967, 1427; A 1969, 401; 1981, 410; 2017, 1707)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 175 - Trial

NRS 175.011 - Trial by jury. [Effective through December 31, 2021.] Trial by jury. [Effective January 1, 2022.]

NRS 175.021 - Formation of jury; number of jurors. [Effective through December 31, 2021.] Formation of jury; number of jurors. [Effective January 1, 2022.]

NRS 175.031 - Examination of trial jurors.

NRS 175.036 - Challenges for cause for individual jurors: Grounds; trial of challenge.

NRS 175.041 - Limitation of defendants’ right to sever in challenges.

NRS 175.051 - Number of peremptory challenges. [Effective through December 31, 2021.] Number of peremptory challenges. [Effective January 1, 2022.]

NRS 175.061 - Alternate jurors.

NRS 175.071 - Discharge of juror where juror dies or unable to perform duty.

NRS 175.081 - Discharge of jury after retirement upon accident or cause.

NRS 175.091 - Disability of judge during trial.

NRS 175.101 - Disability of judge after verdict or finding of guilty or guilty but mentally ill.

NRS 175.111 - Oath of jurors.

NRS 175.121 - Personal knowledge of jurors.

NRS 175.131 - Judge to inform jury of right to take notes.

NRS 175.141 - Order of trial. [Effective through December 31, 2021.] Order of trial. [Effective January 1, 2022.]

NRS 175.151 - Number of counsel who may argue case.

NRS 175.161 - Instructions.

NRS 175.171 - No special instructions to be given relating exclusively to defendant’s testimony.

NRS 175.181 - Instruction not to be given relative to failure of defendant to testify.

NRS 175.186 - Instructions in prosecution for sexual assault or statutory sexual seduction: Use of certain terms and instructions prohibited.

NRS 175.191 - Presumption of innocence: Acquittal in case of reasonable doubt.

NRS 175.201 - Presumption of innocence: Conviction of lowest degree of offense.

NRS 175.211 - Definition of reasonable doubt; no other definition to be given to juries.

NRS 175.221 - Evidence.

NRS 175.241 - Proof of corporate existence generally.

NRS 175.251 - Conspiracy: Allegation and proof of overt act; evidence of overt acts not alleged.

NRS 175.261 - False pretenses: What evidence necessary.

NRS 175.271 - Expert witnesses.

NRS 175.282 - Plea bargain: Inspection by jury; instruction of jury; cross-examination of defendant.

NRS 175.291 - Testimony of accomplice must be corroborated; sufficiency of corroboration; accomplice defined.

NRS 175.301 - Testimony of person upon or with whom abortion was allegedly committed.

NRS 175.311 - Procedure when higher offense is shown by evidence.

NRS 175.321 - Procedure if higher offense ignored.

NRS 175.331 - When defendant on bail appears for trial defendant may be committed and held.

NRS 175.341 - Mistake in charging proper offense: Defendant not discharged; commitment or bail.

NRS 175.351 - Discharge of defendant when jury discharged for want of jurisdiction.

NRS 175.361 - Offense committed in other county: Commitment to await warrant; admission to bail; transmittal of papers to district attorney of proper county; expense of transmission.

NRS 175.371 - Discharge where defendant not arrested on warrant from other county; proceedings in case of arrest.

NRS 175.381 - Court may advise jury to acquit defendant when evidence on either side closed; motion for judgment of acquittal after verdict of guilty or guilty but mentally ill; subsequent motion for new trial.

NRS 175.383 - Withdrawal, discharge or change of defense counsel; limitations.

NRS 175.387 - Misconduct of defendant; sanctions.

NRS 175.391 - Separation or custody of jury before submission.

NRS 175.401 - Jury to be admonished at each adjournment.

NRS 175.421 - Accommodations for jury upon retirement; power of court to furnish. [Effective through December 31, 2021.] Accommodations for jury upon retirement; power of court to furnish. [Effective January 1, 2022.]

NRS 175.431 - Jury provided food and lodging when kept together.

NRS 175.441 - Jury may take written instructions, materials received in evidence, certain papers and own notes of trial on retiring for deliberation.

NRS 175.451 - Return of jury for information.

NRS 175.461 - Jury not to be discharged after cause submitted; exceptions.

NRS 175.471 - Adjournment of court during absence of jury.

NRS 175.481 - Return.

NRS 175.491 - Verdict where there are several defendants.

NRS 175.501 - Jury may convict of lesser included offense or attempt.

NRS 175.511 - When offenses to be stated separately.

NRS 175.531 - Polling jury; further deliberation or discharge.

NRS 175.533 - Finding of guilty but mentally ill upon plea of not guilty by reason of insanity; required findings; effect of finding.

NRS 175.539 - Acquittal by reason of insanity: Defendant to be examined; hearing to be held to determine whether defendant is mentally ill; procedure for committing defendant to custody of Division of Public and Behavioral Health.

NRS 175.541 - Discharge of defendant after acquittal.

NRS 175.543 - Notice to defendant of provisions concerning sealing of records of proceedings leading to acquittal.

NRS 175.547 - Notice of intent to request hearing; time of hearing; evidence; court to enter finding; "sexually motivated" defined.

NRS 175.552 - When required; procedure; evidence.

NRS 175.554 - Death penalty cases: Instructions to jury; determinations; findings and verdict; hearing to set aside sentence of defendant alleged to be intellectually disabled.

NRS 175.556 - Procedure when jury unable to reach unanimous verdict.