Nevada Revised Statutes 171.1975 – Use of audiovisual technology to present live testimony at preliminary examination: Requirements
1. If a witness resides more than 100 miles from the place of a preliminary examination or is unable to attend the preliminary examination because of a medical condition, or if good cause otherwise exists, the magistrate must allow the witness to testify at the preliminary examination through the use of audiovisual technology.
Terms Used In Nevada Revised Statutes 171.1975
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
2. If a witness testifies at the preliminary examination through the use of audiovisual technology:
(a) The testimony of the witness must be transcribed by a certified court reporter; and
(b) Before giving testimony, the witness must be sworn and must sign a written declaration, on a form provided by the magistrate, which acknowledges that the witness understands that he or she is subject to the jurisdiction of the courts of this state and may be subject to criminal prosecution for the commission of any crime in connection with his or her testimony, including, without limitation, perjury, and that the witness consents to such jurisdiction.
3. Audiovisual technology used pursuant to this section must ensure that the witness may be:
(a) Clearly heard and seen; and
(b) Examined and cross-examined.
4. As used in this section, ‘audiovisual technology’ includes, without limitation, closed-circuit video and videoconferencing.