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Home/State Laws/Nevada

Nevada Mock Trial Rules

West

NV · Capital: Carson City

Evidence Rules

Nevada Revised Statutes (Evidence)

Citation: Nev. Rev. Stat. §§ 48.015–56.020

Key Differences from Federal Rules of Evidence

  • Nevada evidence law is codified by statute (NRS Chapters 48–56) rather than as court rules, giving the legislature greater control over evidence policy
  • NRS 48.045(2) governs other-acts evidence similar to FRE 404(b) but requires the proponent to establish relevance and the court to weigh probative value against prejudice under a heightened standard
  • Nevada applies the Daubert standard for expert testimony admissibility after Higgs v. State (1997), codified in NRS 50.275

Notable Rules

RuleDescription
NRS 48.069Rape shield statute prohibits evidence of victim's previous sexual conduct except in narrow circumstances requiring a sealed hearing and court order
NRS 51.385Residual hearsay exception in Nevada requires equivalent circumstantial guarantees of trustworthiness, notice, and a finding that the evidence is more probative than other available evidence
NRS 50.085Dead Man's Statute precludes testimony by interested parties about transactions with a deceased person when offered against the estate

Trial Procedure

Civil Procedure

Nev. R. Civ. P.

Criminal Procedure

Nev. Rev. Stat. Title 14

Key Features

  • Nevada adopted new Rules of Civil Procedure in 2019 modeled on federal rules, including early case conferencing and proportional discovery
  • Criminal cases require trial within 60 days of arraignment if defendant is in custody (NRS 178.556)
  • Nevada uses the short trial program for civil cases under $50,000, with streamlined discovery and expedited trial dates

Jury Rules

8

Civil Jury Size

12

Criminal Jury Size

No

Unanimity Required

  • Civil juries consist of 8 jurors; verdict requires agreement of at least 6 of 8 (3/4 majority)
  • Criminal juries consist of 12 jurors and require unanimous verdicts
  • Nevada Constitution guarantees the right to jury trial in civil cases where the amount in controversy exceeds $2,500

Special Features

Community Property State

Nevada is a community property jurisdiction; property acquired during marriage is presumed equally owned, which affects evidentiary issues in family law and civil trials.

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