y determined. (Added to NRS by 1971, 775) NRS 47.040 Rulings on evidence: Effect of error. 1. Except as otherwise provided in subsection 2, error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and: (a) In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection. (b) In case the ruling is one excluding evidence, the substance of the evidence was made known to the judge by offer or was apparent from the context within which questions were asked. 2. This section does not preclude taking notice of plain errors affecting substantial rights although they were not brought to the attention of the judge. (Added to NRS by 1971, 775) NRS 47.050 Rulings on evidence: Record of offer and ruling. The judge may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made and the ruling thereon. He may direct the making of an offer in question and answer form, and on request shall do so in actions tried without a jury, unless it clearly appears that the evidence is not admissible on any ground or is privileged. (Added to NRS by 1971, 776) NRS 47.060 Preliminary questions of admissibility: Determination. 1. Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege or the admissibility of evidence shall be determined by the judge, subject to the provisions of NRS 47.070. 2. In making his determination he is not bound by the provisions of this title except the provisions of chapter 49 of NRS with respect to privileges. (Added to NRS by 1971, 776) NRS 47.070 Preliminary questions of admissibility: Relevancy conditioned on fact. 1. When the relevancy of evidence depends upon the fulfillment of a condition of fact, the judge shall admit it upon the introduction of evidence sufficient to support a finding of the fulfillment of the condition. 2. If under all the evidence upon the issue the jury might reasonably find that the fulfillment of the condition is not established, the judge shall instruct the jury to consider the issue and to disregard the evidence unless they find the condition was fulfilled. 3. If under all the evidence upon the issue the jury could not reasonably find that the condition was fulfilled, the judge shall instruct the jury to disregard the evidence. (Added to NRS by 1971, 776) NRS 47.080 Determinations of admissibility: Hearing of jury. In jury cases, hearings on preliminary questions of admissibility, offers of proof in narrative or question and answer form, and statements of the judge showing the character of the evidence shall to the extent practicable, unless further restricted by NRS 47.090, be conducted out of the hearing of the jury, to prevent the suggestion of inadmissible evidence. (Added to NRS by 1971, 776) NRS 47.090 Preliminary hearings on confessions and evidence. Preliminary hearings on the admissibility of confessions or statements by the accused or evidence allegedly unlawfully obtained shall be conducted outside the hearing of the jury. The accused does not by testifying at the hearing subject himself to cross-examination as to other issues in the case. Testimony given by him at the hearing is not admissible against him on the issue of guilt at the trial. (Added to NRS by 1971, 776) NRS 47.100 Weight and credibility. NRS 47.060 to 47.090, inclusive, do not limit the right of a party to introduce before the jury evidence relevant to weight or credibility. (Added to NRS by 1971, 776) NRS 47.110 Limited admissibility. When evidence which is admissible as to one party or for one purpose but inadmissible as to another party or for another purpose is admitted, the judge, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly. (Added to NRS by 1971, 776) NRS 47.120 Remainder of writings or recorded statements. 1. When any part of a writing or recorded statement is introduced by a party, he may be required at that time to introduce any other part of it which is relevant to the part introduced, and any party may introduce any other relevant parts. 2. This section does not limit cross-examination. (Added to NRS by 1971, 776) JUDICIAL NOTICE NRS 47.130 Matters of fact. 1. The facts subject to judicial notice are facts in issue or facts from which they may be inferred. 2. A judicially noticed fact must be: (a) Generally known within the territorial jurisdiction of the trial court; or (b) Capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned, so that the fact is not subject to reasonable dispute. (Added to NRS by 1971, 777) NRS 47.140 Matters of law. The laws subject to judicial notice are: 1. The Constitution and statutes of the United States, and the contents of the Federal Register. 2. The Constitution of this State and Nevada Revised Statutes. 3. Any other statute of this State if brought to the attention of the court by its title and the day of its passage. 4. A county, city or town code which has been filed as required by NRS 244.118, 268.014, 269.168 or the city charter and any city ordinance which has been filed or recorded as required by the applicable law. 5. The Nevada Administrative Code. 6. A regulation not included in the Nevada Administrative Code if adopted in accordance with law and brought to the attention of the court. 7. The population category and organization of a city incorporated pursuant to general law. 8. The constitution, statutes or other written law of any other state or territory of the United States, or of any foreign jurisdiction, as contained in a book or pamphlet published by its authority or proved to be commonly recognized in its courts. (Added to NRS by 1971, 777; A 1973, 6; 1977, 1388; 1985, 231, 366; 2001, 632) NRS 47.150 Discretionary and mandatory notice. 1. A judge or court may take judicial notice, whether requested or not. 2. A judge or court shall take judicial notice if requested by a party and supplied with the necessary information. (Added to NRS by 1971, 777) NRS 47.160 Opportunity to be heard. A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter to be noticed. (Added to NRS by 1971, 777) NRS 47.170 Time of taking notice. Judicial notice may be taken at any stage of the proceeding prior to submission to the court or jury. (Added to NRS by 1971, 777) PRESUMPTIONS NRS 47.180 Presumptions generally: Effect; direct evidence. 1. A presumption, other than a presumption against the accused in a criminal action, imposes on the party against whom it is directed the burden of proving that the nonexistence of the presumed fact is more probable than its existence. 2. As applied to presumptions, “direct evidence” means evidence which tends to establish the existence or nonexistence of the presumed fact independently of the basic facts. (Added to NRS by 1971, 777) NRS 47.190 Determination on evidence of basic facts. When a presumption is made conclusive by statute or no direct evidence is introduced contrary to the existence of the presumed fact, the question of the existence of the presumed fact depends upon the existence of the basic facts and is determined as follows: 1. If reasonable minds would necessarily agree that the evidence renders the existence of the basic facts more probable than not, the judge shall direct the jury to find in favor

Vegas Law