{"data":{"id":"us-nv/nrs-174.228","jurisdiction":"us-nv","citation":"NRS 174.228","heading":"Videotaped depositions: Use.","body":"A court may allow a videotaped deposition to be used instead of the deponent’s testimony at trial only if:\n1. In the case of a victim of sexual abuse, as that term is defined in NRS 432B.100:\n(a) Before the deposition is taken, a hearing is held by a justice of the peace or district judge who finds that:\n(1) The use of the videotaped deposition in lieu of testimony at trial is necessary to protect the welfare of the victim; and\n(2) The presence of the accused at trial would inflict trauma, more than minimal in degree, upon the victim; and\n(b) At the time a party seeks to use the deposition, the court determines that the conditions set forth in subparagraphs (1) and (2) of paragraph (a) continue to exist. The court may hold a hearing before the use of the deposition to make its determination.\n2. In the case of a victim of sex trafficking as that term is defined in subsection 2 of NRS 201.300 or a victim of facilitating sex trafficking as that term is defined in subsection 1 of NRS 201.301:\n(a) Before the deposition is taken, a hearing is held by a justice of the peace or district judge and the justice or judge finds that cause exists pursuant to paragraph (c) of subsection 1 of NRS 174.227; and\n(b) Before allowing the videotaped deposition to be used at trial, the court finds that the victim is unavailable as a witness.\n3. In all cases:\n(a) A justice of the peace or district judge presides over the taking of the deposition;\n(b) The accused is able to hear and see the proceedings;\n(c) The accused is represented by counsel who, if physically separated from the accused, is able to communicate orally with the accused by electronic means;\n(d) The accused is given an adequate opportunity to cross-examine the deponent subject to the protection of the deponent deemed necessary by the court; and\n(e) The deponent testifies under oath.","path":["TITLE 14 — PROCEDURE IN CRIMINAL CASES","CHAPTER 174 - ARRAIGNMENT AND PREPARATION FOR TRIAL","VIDEOTAPED DEPOSITIONS AND TESTIMONY"],"source_url":"https://www.leg.state.nv.us/NRS/NRS-174.html#NRS174Sec228","current_through":"2025 session (NRS as revised 2026-08-25)","vintage":"","retrieved_at":"2026-09-03T05:51:33Z","sha256":"175cee95cb6402dda0e14d1a777b2536607108ccf990948a1bf0fa43dd653b01","source_id":"us-nv","stale":true,"prev":"us-nv/nrs-174.227","next":"us-nv/nrs-174.229"},"notice":"GroundRules: Original legal text. Not legal advice."}