Nevada Revised Statutes 4.3713 – Transfer of original jurisdiction of criminal case to another justice court or municipal court
1. A justice court may, on its own motion, transfer original jurisdiction of a criminal case filed with that court to another justice court or a municipal court if:
Terms Used In Nevada Revised Statutes 4.3713
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
(a) The case involves criminal conduct that occurred outside the limits of the county or township where the court is located;
(b) Such a transfer is necessary to promote access to justice for the defendant and the justice court has noted its findings concerning that issue in the record;
(c) The defendant agrees to participate in a program of treatment, including, without limitation, a program of treatment made available pursuant to NRS 176A.230, 176A.250 or 176A.280, or to access other services located elsewhere in this State; or
(d) All the justices of the peace in the justice court have either recused themselves or been disqualified from presiding over the case.
2. A justice court may not issue an order for the transfer of a case pursuant to paragraph (c) of subsection 1 until a plea agreement has been reached or the final disposition of the case, whichever occurs first.
3. An order issued by a justice court which transfers a case pursuant to this section becomes effective after a notice of acceptance is returned by the justice court or municipal court to which the case was transferred. If a justice court or municipal court refuses to accept the transfer of a case pursuant to subsection 1, the case must be returned to the justice court which sought the transfer.