Nevada Revised Statutes 178.5718 – Disclosure by prosecuting attorney of certain information relating to certain informants; time limits; instructions to jury
1. Except as otherwise provided in subsections 2 and 3, if a prosecuting attorney intends to use testimony provided by an informant at a trial, the prosecuting attorney shall file and serve upon the defendant the following information or material as soon as practicable, but not later than 30 days before the trial:
Terms Used In Nevada Revised Statutes 178.5718
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- substantial bodily harm: means :
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) A summary of the criminal history of the informant, including, without limitation:
(1) Any pending charges against the informant; and
(2) Any charge against the informant that was reduced or dismissed, or will be reduced or dismissed, in exchange for the testimony to be provided as part of a plea bargain;
(b) A copy of any cooperation agreement;
(c) Any benefit that has been or will be provided to the informant in connection with his or her provision of the testimony;
(d) The substance and, if known, the time and place of:
(1) Any statement that is relevant to the trial made by the defendant to the informant; and
(2) Any statement implicating the defendant in the charged offense made by the informant to a law enforcement officer;
(e) Any occasion on which the informant recanted his or her testimony that will be provided by the informant at the trial, including, without limitation:
(1) The time and place of the recantation;
(2) The nature of the recantation; and
(3) The name of any person who was present at the time of the recantation; and
(f) Any other case known to the prosecuting attorney in which the informant provided testimony and the benefit offered or provided in each case.
2. A court may, upon good cause shown, implement a revised deadline for making the disclosures described in subsection 1 or, upon its own motion, continue the trial described in subsection 1, if:
(a) The informant was not known to the prosecuting attorney until after the deadline for making the disclosures described in subsection 1; and
(b) The information and materials described in subsection 1 could not have been discovered or obtained by the prosecuting attorney with the exercise of due diligence before the deadline for making the disclosures described in subsection 1.
3. If a court finds that disclosing the information and materials described in subsection 1 will result in the possibility of substantial bodily harm to the informant, the court may require the information and materials to be viewed exclusively by the attorney for the defendant, and not by the defendant or any other party.
4. In every trial in which a prosecuting attorney uses testimony provided by an informant, the court shall instruct the jury to consider the information described in paragraphs (a) to (f), inclusive, of subsection 1 in assessing the credibility of the informant.