not heard from in 3 years is dead. 15. That a child born in lawful wedlock is legitimate. 16. That the law has been obeyed. 17. That a trustee or other person, whose duty it was to convey real property to a particular person, has actually conveyed to him, when such presumption is necessary to perfect the title of such person or his successor in interest. 18. In situations not governed by the Uniform Commercial Code: (a) That an obligation delivered up to the debtor has been paid. (b) That private transactions have been fair and regular. (c) That the ordinary course of business has been followed. (d) That there was good and sufficient consideration for a written contract. (Added to NRS by 1971, 779; A 1993, 2761) CHAPTER 48 - ADMISSIBILITY GENERALLY NRS 48.015 “Relevant evidence” defined. NRS 48.025 Relevant evidence generally admissible; irrelevant evidence inadmissible. NRS 48.035 Exclusion of relevant evidence on grounds of prejudice, confusion or waste of time. NRS 48.039 Testimony of witness who previously underwent hypnosis to recall subject matter of testimony. NRS 48.045 Evidence of character inadmissible to prove conduct; exceptions; other crimes. NRS 48.055 Methods of proving character. NRS 48.059 Habit; routine practice. NRS 48.061 Effects of domestic violence. NRS 48.069 Previous sexual conduct of victim of sexual assault: Procedure for admission of evidence to prove victim’s consent. NRS 48.071 Exclusion of evidence of address and telephone number of victim of sexual assault. NRS 48.075 Transactions and conversations with or actions of deceased person. NRS 48.077 Contents of lawfully intercepted communications. NRS 48.095 Subsequent remedial measures. NRS 48.105 Compromise; offers to compromise. NRS 48.109 Closure of meeting held to further resolution of dispute; exclusion of admission, representation or statement made during mediation proceedings; confidentiality of matter discussed during mediation proceeding. NRS 48.115 Payment of medical and similar expenses. NRS 48.125 Withdrawn plea of guilty or offer to plead guilty not admissible; plea of nolo contendere or offer to plead nolo contendere not admissible. NRS 48.135 Liability insurance. _________ NRS 48.015 “Relevant evidence” defined. As used in this chapter, “relevant evidence” means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more or less probable than it would be without the evidence. (Added to NRS by 1971, 780) NRS 48.025 Relevant evidence generally admissible; irrelevant evidence inadmissible. 1. All relevant evidence is admissible, except: (a) As otherwise provided by this title; (b) As limited by the Constitution of the United States or of the State of Nevada; or (c) Where a statute limits the review of an administrative determination to the record made or evidence offered before that tribunal. 2. Evidence which is not relevant is not admissible. (Added to NRS by 1971, 780) NRS 48.035 Exclusion of relevant evidence on grounds of prejudice, confusion or waste of time. 1. Although relevant, evidence is not admissible if its probative value is substantially outweighed by the danger of unfair prejudice, of confusion of the issues or of misleading the jury. 2. Although relevant, evidence may be excluded if its probative value is substantially outweighed by considerations of undue delay, waste of time or needless presentation of cumulative evidence. 3. Evidence of another act or crime which is so closely related to an act in controversy or a crime charged that an ordinary witness cannot describe the act in controversy or the crime charged without referring to the other act or crime shall not be excluded, but at the request of an interested party, a cautionary instruction shall be given explaining the reason for its admission. (Added to NRS by 1971, 780; A 1979, 37) NRS 48.039 Testimony of witness who previously underwent hypnosis to recall subject matter of testimony. 1. The testimony of a witness who previously has undergone hypnosis to recall events that are the subject matter of the testimony is admissible if: (a) The witness, or the parent or guardian of the witness if he is a minor, gave informed consent to the hypnosis; (b) The person who induced the hypnosis is: (1) A provider of health care; (2) A clinical social worker who is licensed pursuant to chapter 641B of NRS; or (3) An officer or employee or former officer or employee of a law enforcement agency, who is trained in forensic hypnosis and who is not otherwise currently involved in the investigation of a case or action in which the witness is a victim, witness or defendant; (c) Before the hypnosis was induced, a written record was made that includes, without limitation: (1) A description of the subject matter of the hypnosis as provided by the witness; and (2) The information that was provided to the hypnotist concerning the subject matter of the hypnosis; (d) The entire session at which the hypnosis was induced was electronically recorded by audio or video recording equipment, including, without limitation, any interview that was conducted before or after the hypnosis was induced; (e) The recording of the entire session at which the hypnosis was induced was made available by the party who produced the witness to each party involved in the case, pursuant to the discovery procedures as provided in NRS 174.235 to 174.295, inclusive, the Nevada Rules of Civil Procedure or the Justice Court Rules of Civil Procedure, depending upon the nature of the proceedings; and (f) The hypnotist and the witness were the only persons present during the session of hypnosis unless the hypnotist or a law enforcement officer who is investigating the criminal case, if any, determined that it was necessary for one of the following persons to be present during the session: (1) A parent or guardian of a witness who is a minor; or (2) An artist employed by a law enforcement agency. 2. The court, on its own motion or that of a party, may exclude the testimony of a person who previously has undergone hypnosis to recall events which are the subject matter of the testimony if the court determines that such testimony is unreliable or is otherwise inadmissible. 3. The court shall instruct the jury to exercise caution when considering the reliability of the testimony of a person who previously has undergone hypnosis to recall events that are the subject matter of the testimony. 4. The provisions of this section do not limit: (a) The ability of a party to attack the credibility of a witness who previously has undergone hypnosis to recall events that are the subject matter of his testimony; or (b) The legal grounds upon which to admit or exclude the testimony of such a witness. 5. As used in this section, “provider of health care” has the meaning ascribed to it in NRS 629.031. (Added to NRS by 1997, 828) NRS 48.045 Evidence of character inadmissible to prove conduct; exceptions; other crimes. 1. Evidence of a person’s character or a trait of his character is not admissible for the purpose of proving that he acted in conformity therewith on a particular occasion, except: (a) Evidence of his character or a trait of his character offered by an accused, and similar evidence offered by the prosecution to rebut such evidence; (b) Evidence of the character or a trait of charac

Vegas Law