1. In case of failure of a witness to attend, the court or officer issuing the subpoena, upon proof of the service thereof and of the failure of the witness, may issue a warrant to the sheriff of the county to arrest the witness and bring the witness before the court or officer where the attendance of the witness was required.
2. Upon the arrest of a witness pursuant to subsection 1, the court or officer issuing the warrant shall appoint an attorney to represent the witness and provide the attorney:
(a) With the last known contact information of the witness; and
(b) Notice of every proceeding.
3. Except as otherwise provided in subsection 4, every witness detained pursuant to a warrant issued pursuant to this section must be brought before the court or officer as soon as practicable but not later than 72 hours after the beginning of the detention. The court or officer shall consider the least restrictive means to secure the presence of the witness and make a determination whether the detention of the witness should continue. If the court determines that the detention of the witness should continue, the court must make written findings stating why detention should continue.
4. A person detained as a witness pursuant to this section who is a victim of domestic violence or sexual assault:
(a) Must be brought before the court or officer as soon as practicable but not later than 24 hours after the beginning of the detention;
(b) May be detained or continue detention pursuant to a determination by telephone; and
(c) To the extent practicable, must have the attorney appointed pursuant to subsection 2 participate in any determination pursuant to this section.
5. The court or officer shall:
(a) Set a schedule for the periodic review of whether detention should continue; and
(b) Schedule the case in which the witness will testify to take place as soon as possible if substantial rights of the defendant are not prejudiced.
6. As used in this section:
(a) "Domestic violence" means the commission of any act described in NRS 33.018.
(b) "Sexual assault" has the meaning ascribed to it in NRS 49.2543.
(Added to NRS by 1971, 791; A 2019, 2270)
Structure Nevada Revised Statutes
NRS 50.015 - General rule of competency.
NRS 50.025 - Lack of personal knowledge.
NRS 50.035 - Oath or affirmation.
NRS 50.053 - Interpreters for person with communications disability: Oath; rights and privileges.
NRS 50.055 - Competency: Judge as witness.
NRS 50.065 - Competency: Juror as witness.
NRS 50.067 - Competency: Receipt of certain care or counseling.
NRS 50.085 - Evidence of character and conduct of witness.
NRS 50.095 - Impeachment by evidence of conviction of crime.
NRS 50.105 - Religious beliefs or opinions.
NRS 50.115 - Mode and order of interrogation and presentation.
NRS 50.125 - Writing used to refresh memory.
NRS 50.135 - Prior statements of witness.
NRS 50.145 - Calling and interrogation of witness by judge.
NRS 50.155 - Exclusion and sequestration of witnesses.
NRS 50.165 - Duty to appear and testify.
NRS 50.185 - Arrest of protected witness void; liability of arresting officer; affidavit of witness.
NRS 50.195 - Penalties for disobedience.
NRS 50.215 - Examination of prisoner as witness; notification of Department of Corrections required.
NRS 50.245 - Cases from municipal court brought before district court.
NRS 50.255 - Attorney not allowed fee as witness.
NRS 50.260 - "Prohibited substance" defined.
NRS 50.265 - Opinions: Lay witnesses.
NRS 50.275 - Testimony by experts.
NRS 50.285 - Opinions: Experts.
NRS 50.295 - Opinions: Ultimate issues.
NRS 50.305 - Disclosure of facts and data underlying expert opinion.
NRS 50.520 - "Alternative method" defined.
NRS 50.530 - "Child witness" defined.
NRS 50.540 - "Criminal proceeding" defined.
NRS 50.550 - "Noncriminal proceeding" defined.
NRS 50.570 - Hearing to determine whether to allow testimony by alternative method.
NRS 50.580 - Standards for determining whether child witness may testify by alternative method.
NRS 50.590 - Factors for determining whether to permit alternative method.
NRS 50.600 - Order regarding testimony by alternative method.
NRS 50.610 - Right of party to examine child witness.