1. In a criminal proceeding, the presiding officer may allow a child witness to testify by an alternative method only in the following situations:
(a) The child may testify otherwise than in an open forum in the presence and full view of the finder of fact if the presiding officer finds by clear and convincing evidence that the child would suffer serious emotional trauma that would substantially impair the child’s ability to communicate with the finder of fact if required to testify in the open forum.
(b) The child may testify other than face-to-face with the defendant if the presiding officer finds by clear and convincing evidence that the child would suffer serious emotional trauma that would substantially impair the child’s ability to communicate with the finder of fact if required to be confronted face-to-face by the defendant.
2. In a noncriminal proceeding, the presiding officer may allow a child witness to testify by an alternative method if the presiding officer finds by a preponderance of the evidence that allowing the child to testify by an alternative method is necessary to serve the best interests of the child or enable the child to communicate with the finder of fact. In making this finding, the presiding officer shall consider:
(a) The nature of the proceeding;
(b) The age and maturity of the child;
(c) The relationship of the child to the parties in the proceeding;
(d) The nature and degree of emotional trauma that the child may suffer in testifying; and
(e) Any other relevant factor.
(Added to NRS by 2003, 989)
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.