49.305 Husband and wife: Exception for insanity. When a husband or wife is insane, and has been so declared by a court of competent jurisdiction, the other shall be a competent witness to testify as to any fact which transpired before or during such insanity, but the privilege of so testifying shall cease when the party declared insane has been found by a court of competent jurisdiction to be of sound mind, and the husband and wife shall then have the testimonial limitations and privileges provided in NRS 49.295. (Added to NRS by 1971, 786) NRS 49.315 Political vote. Every person has a privilege to refuse to disclose the tenor of his vote at a political election conducted by secret ballot unless the vote was cast illegally. (Added to NRS by 1971, 787) NRS 49.325 Trade secrets. 1. A person has a privilege, which may be claimed by him or his agent or employee, to refuse to disclose and to prevent other persons from disclosing a trade secret owned by him, if the allowance of the privilege will not tend to conceal fraud or otherwise work injustice. 2. When disclosure is directed, the judge shall take such protective measure as the interests of the holder of the privilege and of the parties and the furtherance of justice may require. (Added to NRS by 1971, 787) IDENTITY OF INFORMER NRS 49.335 Privilege to refuse disclosure of identity of informer. The State or a political subdivision thereof has a privilege to refuse to disclose the identity of a person who has furnished to a law enforcement officer information purporting to reveal the commission of a crime. (Added to NRS by 1971, 787) NRS 49.345 Who may claim. The privilege may be claimed by an appropriate representative of the State, regardless of whether the information was furnished to an officer of the State or a subdivision thereof. The privilege may be claimed by an appropriate representative of a political subdivision if the information was furnished to an officer thereof. (Added to NRS by 1971, 787) NRS 49.355 Voluntary disclosure; informer a witness. No privilege exists under NRS 49.335 or 49.345 if the identity of the informer or his interest in the subject matter of his communication has been disclosed by a holder of the privilege or by the informer’s own action, or if the informer appears as a witness. (Added to NRS by 1971, 787) NRS 49.365 Testimony on guilt or innocence. If the state or a political subdivision elects not to disclose the identity of an informer and the circumstances indicate a reasonable probability that the informer can give testimony necessary to a fair determination of the issue of guilt or innocence, the judge shall on motion of the accused dismiss the proceedings, and he may do so on his own motion. (Added to NRS by 1971, 787) NRS 49.375 Legality of obtaining evidence. 1. If information from an informer is relied upon to establish the legality of the means by which evidence was obtained and the judge is not satisfied that the information was received from an informer reasonably believed to be reliable, he may require the identity of the informer to be disclosed. 2. The judge may permit the disclosure to be made in camera or make any other order which justice requires. All counsel shall be permitted to be present at every stage at which any counsel is permitted to be present. 3. If disclosure of the identity of the informer is made in chambers, the record thereof shall be sealed and preserved to be made available to the appellate court in the event of an appeal. (Added to NRS by 1971, 787) WAIVER AND COMMENT NRS 49.385 Waiver of privilege by voluntary disclosure. 1. A person upon whom these rules confer a privilege against disclosure of a confidential matter waives the privilege if he or his predecessor while holder of the privilege voluntarily discloses or consents to disclosure of any significant part of the matter. 2. This section does not apply if the disclosure is: (a) Itself a privileged communication; or (b) Made to an interpreter employed merely to facilitate communications. (Added to NRS by 1971, 787; A 1995, 803) NRS 49.395 Privileged matter disclosed under compulsion or without opportunity to claim privilege. Evidence of a statement or other disclosure of privileged matter is inadmissible against the holder of the privilege if the disclosure was: 1. Compelled erroneously; or 2. Made without opportunity to claim the privilege. (Added to NRS by 1971, 787) NRS 49.405 Comment upon or inference from claim of privilege; instruction. 1. The claim of a privilege, whether in the present proceeding or upon a prior occasion, is not a proper subject of comment by judge or counsel. No inference may be drawn therefrom. 2. In jury cases, proceedings shall be conducted, to the extent practicable, so as to facilitate the making of claims of privilege outside the presence of the jury. 3. Upon request, any party against whom the jury might draw an adverse inference from a claim of privilege is entitled to an instruction that no inference may be drawn therefrom. (Added to NRS by 1971, 788) CHAPTER 50 - WITNESSES GENERAL PROVISIONS NRS 50.015 General rule of competency. NRS 50.025 Lack of personal knowledge. NRS 50.035 Oath or affirmation. NRS 50.045 Interpreters. NRS 50.050 Interpreters for person with disability: Definitions; appointment required in judicial proceedings; compensation. NRS 50.051 Interpreters for person with disability: Appointment required in criminal proceedings. NRS 50.052 Interpreters for person with disability: Replacement; persons ineligible for appointment; selection and approval by person with disability. NRS 50.053 Interpreters for person with disability: Oath; rights and privileges. NRS 50.054 Interpreters for persons who do not speak English: Eligibility; oath; rights and privileges. NRS 50.055 Competency: Judge as witness. NRS 50.065 Competency: Juror as witness. NRS 50.067 Competency: Receipt of certain care or counseling. NRS 50.068 Competency: Defendant who agrees to testify against another defendant pursuant to plea bargain. NRS 50.070 Termination or threat of termination of employment because of service as witness prohibited; penalty; remedies. IMPEACHMENT NRS 50.075 Who may impeach. NRS 50.085 Evidence of character and conduct of witness. NRS 50.090 Evidence of previous sexual conduct of victim of sexual assault or statutory sexual seduction inadmissible to challenge victim’s credibility; exceptions. NRS 50.095 Impeachment by evidence of conviction of crime. NRS 50.105 Religious beliefs or opinions. EXAMINATION OF WITNESSES NRS 50.115 Mode and order of interrogation and presentation. NRS 50.125 Writing used to refresh memory. NRS 50.135 Prior statements of witness. NRS 50.145 Calling and interrogation of witness by judge. NRS 50.155 Exclusion and sequestration of witnesses. ATTENDANCE OF WITNESSES NRS 50.165 Duty to appear and testify. NRS 50.175 Witness protected from arrest when attending, going to and returning from court or other place of attendance. NRS 50.185 Arrest of protected witness void; liability of arresting officer; affidavit of witness. NRS 50.195 Penalties for disobedience. NRS 50.205 Warrant for arrest of witness failing to attend. NRS 50.215 Examination of prisoner as witness; notification of Department of Corrections required. FEES OF WITNESSES NRS 50.225 Fees a

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