NRS 172.197: Procedure when person subpoenaed to appear before grand jury intends to assert constitutional privilege against self-incrimination.
Where this section sits in the code
- TITLE 14 — PROCEDURE IN CRIMINAL CASES
- CHAPTER 172 - PROCEEDINGS AFTER COMMITMENT AND BEFORE INDICTMENT
- POWERS AND DUTIES OF GRAND JURY
1. If a person who has been subpoenaed to appear before a grand jury informs the district attorney that the person intends to refuse to testify and to assert the person’s constitutional privilege against self-incrimination, the district attorney shall:
(a) Move for an order of immunity pursuant to NRS 178.572;
(b) Challenge the existence of a valid privilege by filing in any court of record a motion to compel the testimony of the person; or
(c) Withdraw the subpoena.
2. All proceedings which are held on a motion filed pursuant to subsection 1 must be closed.
3. If the existence of the privilege is challenged, the court shall hear the evidence of both parties and determine whether or not a valid privilege exists and to which matters, if any, it extends.
4. The district attorney shall not call a person to testify before a grand jury regarding matters which have been so determined to be within the person’s constitutional privilege against self-incrimination.
Collected 2026-09-03T05:51:33Z. Source file · JSON