1. If a person is charged with an offense listed in subsection 4, and it is necessary to prove:
(a) The existence of any alcohol;
(b) The quantity of a controlled substance; or
(c) The existence or identity of a controlled substance, chemical, poison, organic solvent or another prohibited substance,
the prosecuting attorney may request that the affidavit or declaration of an expert or other person described in NRS 50.315 and 50.320 be admitted into evidence at the preliminary hearing, hearing before a grand jury or trial concerning the offense. Except as otherwise provided in NRS 50.315 and 50.320, the affidavit or declaration must be admitted into evidence at the trial.
2. If the request is to have the affidavit or declaration admitted into evidence at a preliminary hearing or hearing before a grand jury, the affidavit or declaration must be admitted into evidence upon submission. If the request is to have the affidavit or declaration admitted into evidence at trial, the request must be:
(a) Made at least 10 days before the date set for the trial;
(b) Sent to the defendant’s counsel and to the defendant, by registered or certified mail, or personally served on the defendant’s counsel or the defendant; and
(c) Accompanied by a copy of the affidavit or declaration and the name, address and telephone number of the affiant or declarant.
3. The provisions of this section do not prohibit either party from producing any witness to offer testimony at trial.
4. The provisions of this section apply to any of the following offenses:
(a) An offense punishable pursuant to NRS 202.257, 455A.170, 455B.080, 493.130 or 639.283.
(b) An offense punishable pursuant to chapter 453, 484A to 484E, inclusive, or 488 of NRS.
(c) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425.
(d) Any other offense for which it is necessary to prove, as an element of the offense:
(1) The existence of any alcohol;
(2) The quantity of a controlled substance; or
(3) The existence or identity of a controlled substance, chemical, poison, organic solvent or another prohibited substance.
(Added to NRS by 1971, 929; A 1973, 891; 1975, 648; 1983, 111, 1084, 1916; 1987, 302, 765, 1546, 1575; 1989, 78, 1908; 1993, 85; 1995, 2714; 1997, 332; 1999, 3402; 2005, 161, 2046; 2007, 398; 2009, 32)
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.