1. Except as otherwise provided in this title, the defendant must be present at the arraignment, at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence. A corporation may appear by counsel for all purposes.
2. In prosecutions for offenses not punishable by death:
(a) The defendant’s voluntary absence after the trial has been commenced in the defendant’s presence must not prevent continuing the trial to and including the return of the verdict.
(b) If the defendant was present at the trial through the time the defendant pleads guilty or guilty but mentally ill or is found guilty or guilty but mentally ill but at the time of sentencing is incarcerated in another jurisdiction, the defendant may waive the right to be present at the sentencing proceedings and agree to be sentenced in this State in his or her absence. The defendant’s waiver is valid only if it is:
(1) Made knowingly, intelligently and voluntarily after consulting with an attorney licensed to practice in this State;
(2) Signed and dated by the defendant and notarized by a notary public or judicial officer;
(3) Signed and dated by the defendant’s attorney after it has been signed by the defendant and notarized; and
(4) Accompanied by a waiver of the issuance and service of a warrant of arrest and all other procedures incidental to extradition proceedings.
3. In prosecutions for offenses punishable by fine or by imprisonment for not more than 1 year, or both, the court, with the written consent of the defendant, may permit arraignment, plea, trial and imposition of sentence in the defendant’s absence, if the court determines that the defendant was fully aware of the applicable constitutional rights when the defendant gave consent.
4. The presence of the defendant is not required at the arraignment or any preceding stage if the court has provided for the use of a closed-circuit television to facilitate communication between the court and the defendant during the proceeding. If closed-circuit television is provided for, members of the news media may observe and record the proceeding from both locations unless the court specifically provides otherwise.
5. The defendant’s presence is not required at the settling of jury instructions.
(Added to NRS by 1967, 1450; A 1969, 9; 1987, 2025; 1993, 933; 1995, 2457; 2003, 1470; 2007, 1426; 2015, 307)
Structure Nevada Revised Statutes
Chapter 178 - General Provisions
NRS 178.388 - Presence of defendant.
NRS 178.391 - Second prosecution for same offense prohibited.
NRS 178.397 - Assignment of counsel.
NRS 178.3971 - Appointment of defense team for defendant accused of murder of first degree.
NRS 178.398 - Execution against defendant’s property.
NRS 178.39801 - Collection of fee by certain entities.
NRS 178.39802 - Additional costs and fees for collection.
NRS 178.3982 - "Administrator" defined.
NRS 178.3983 - "Division" defined.
NRS 178.3984 - "Division facility" defined.
NRS 178.39845 - "Forensic facility" defined.
NRS 178.3985 - "Mental disorder" defined.
NRS 178.3986 - "Person with mental illness" defined.
NRS 178.399 - "Treatment to competency" defined.
NRS 178.400 - Incompetent person cannot be tried or adjudged to punishment for public offense.
NRS 178.417 - Certification of person who evaluates competency of defendant required.
NRS 178.420 - Procedure on finding defendant competent.
NRS 178.425 - Procedure on finding defendant incompetent.
NRS 178.430 - Commitment of defendant exonerates bail.
NRS 178.440 - Clerk to certify costs to county or city.
NRS 178.4715 - Notification of victims upon discharge, conditional release or escape.
NRS 178.478 - Motions; affidavits.
NRS 178.482 - Additional time after service by mail.
NRS 178.4853 - Factors considered in reviewing custody status.
NRS 178.487 - Bail after arrest for felony offense committed while on bail.
NRS 178.4871 - Postconviction petitioner for habeas corpus: Limitations on release.
NRS 178.4873 - Postconviction petitioner for habeas corpus: Release pending appeal.
NRS 178.488 - Right to bail upon review; notice of application to be given district attorney.
NRS 178.499 - Increase in amount.
NRS 178.504 - Justification of sureties.
NRS 178.506 - Declaration of forfeiture.
NRS 178.509 - Exoneration of surety before date of forfeiture: Conditions; grounds.
NRS 178.512 - Setting aside forfeiture: Conditions; grounds; when written finding is required.
NRS 178.514 - Enforcement of forfeiture.
NRS 178.516 - Remission of forfeited money.
NRS 178.518 - Payment of forfeited deposits to county treasurer or State Controller.
NRS 178.522 - Exoneration of bail.
NRS 178.524 - Deposit required in certain cases.
NRS 178.526 - Arrest of defendant.
NRS 178.528 - Disposition of money deposited as bail.
NRS 178.532 - Recommitment of defendant after having given bail or deposited money.
NRS 178.534 - Contents of order for recommitment.
NRS 178.536 - Arrest on order of recommitment.
NRS 178.542 - Records: District court.
NRS 178.544 - Records: Justice Court.
NRS 178.546 - Records: Court of Appeals and Supreme Court.
NRS 178.548 - Notification of district attorney when bail bond is forfeited.
NRS 178.554 - Dismissal by district attorney or Attorney General by leave of court.
NRS 178.556 - Dismissal by court for unnecessary delay.
NRS 178.562 - Dismissal or discharge as bar to another prosecution.
NRS 178.564 - Certain offenses for which party injured has civil action may be compromised.
NRS 178.566 - Compromise to be by permission of court; order to bar another prosecution.
NRS 178.568 - No public offense to be compromised except as provided in this title.
NRS 178.5691 - Confidentiality of personal information.
NRS 178.5692 - Investigation by sheriff of threats of harm; protection.
NRS 178.5696 - Separate waiting area; disposition of personal property; fees for testifying.
NRS 178.574 - Order of immunity bar to prosecution; exception.
NRS 178.576 - Failure of witness granted immunity to testify is contempt.
NRS 178.578 - Denial of motion.
NRS 178.582 - Service: When required.
NRS 178.584 - Service: How made.
NRS 178.586 - Notice of orders.
NRS 178.588 - Filing of papers.
NRS 178.589 - Use of facsimile machine.
NRS 178.592 - Calendar of criminal actions: Preparation by clerk.
NRS 178.594 - Order of disposing of issues on calendar.
NRS 178.596 - Exceptions unnecessary.
NRS 178.606 - Docket kept by deputy clerk of justice court; contents.
NRS 178.608 - Rules of justice courts and district courts not to be inconsistent with this title.
NRS 178.610 - Where no procedure specifically prescribed court may proceed in lawful manner.
NRS 178.620 - Enactment; text.
NRS 178.630 - Duties of Director of Department of Corrections.