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erved by granting the motion. 3. If a motion for preference is granted pursuant to subsection 1 or 2: (a) The court shall set a date for the trial of the action that is not more than 120 days after the hearing on the motion; and (b) The court shall not continue the date for the trial of the action beyond 120 days after the hearing on the motion, except for the physical disability of a party or attorney in the action, or for other good cause entered on the record. 4. If the plaintiff in an action seeks to recover damages allegedly caused by a defendant during the commission of acts for which the defendant is convicted of a crime punishable as a felony, the court may, upon the motion of the plaintiff, give preference in setting a date for the trial of the action. If the motion is granted, the trial of the action must, unless the court deems it infeasible, be held not more than 120 days after the hearing on the motion. (Added to NRS by 1987, 784) TRIAL BY JURY NRS 16.030 Drawing and examination of jurors; administration of oath or affirmation. 1. Except when the jurors are drawn by a jury commissioner, in preparing for the selection of the jury, the clerk, under the direction of the judge, shall place in a box ballots containing the names of the persons summoned who have appeared and have not been excused. The clerk shall mix the ballots and draw from the box the number of names needed to complete the jury in accordance with the procedure provided either in subsection 3 or subsection 4, as the judge directs. 2. Whenever the jurors are drawn by the jury commissioner, the judge may also direct him to draw, in advance, the names of additional jurors in the order they would be used to replace discharged or excused jurors pursuant to subsections 3 and 4. 3. The judge may require that eight names be drawn, and the persons whose names are called must be examined as to their qualifications to serve as jurors. If any persons are excused or discharged, or if the ballots are exhausted before the jury is selected, additional names shall be drawn from the jury box and those persons summoned and examined as provided by law until the jury is selected. 4. The judge may require that the clerk draw a number of names to form a panel of prospective jurors equal to the sum of the number of regular jurors and alternate jurors to be selected and the number of peremptory challenges to be exercised. The persons whose names are called must be examined as to their qualifications to serve as jurors. If any persons on the panel are excused for cause, they must be replaced by additional persons who must also be examined as to their qualifications. The jury must consist of eight persons, unless the parties consent to a lesser number. The parties may consent to any number not less than four. This consent must be entered by the clerk in the minutes of the trial. When a sufficient number of prospective jurors has been qualified to complete the panel, each side shall exercise its peremptory challenges out of the hearing of the panel by alternately striking names from the list of persons on the panel. After the peremptory challenges have been exercised, the persons remaining on the panel who are needed to complete the jury shall, in the order in which their names were drawn, be regular jurors or alternate jurors. 5. Before persons whose names have been drawn are examined as to their qualifications to serve as jurors, the judge or his clerk shall administer an oath or affirmation to them in substantially the following form: Do you, and each of you, (solemnly swear, or affirm under the pains and penalties of perjury) that you will well and truly answer all questions put to you touching upon your qualifications to serve as jurors in the case now pending before this court (so help you God)? 6. The judge shall conduct the initial examination of prospective jurors and the parties or their attorneys are entitled to conduct supplemental examinations which must not be unreasonably restricted. [1911 CPA § 262; RL § 5204; NCL § 8760]—(NRS A 1971, 344; 1977, 417; 1979, 917; 1981, 329, 556) NRS 16.040 Challenges to jurors; peremptory challenges. 1. Either party may challenge the jurors. The challenges must be to individual jurors and be peremptory or for cause. Each side is entitled to four peremptory challenges. 2. If there are two or more parties on any side and their interests are diverse, the court may allow additional peremptory challenges, but not more than four, to the side with the multiple parties. If the multiple parties on a side are unable to agree upon the allocation of their additional peremptory challenges, the court shall make the allocation. [1911 CPA § 263; RL § 5205; NCL § 8761]—(NRS A 1977, 295; 1979, 66) NRS 16.050 Grounds for challenges for cause. 1. Challenges for cause may be taken on one or more of the following grounds: (a) A want of any of the qualifications prescribed by statute to render a person competent as a juror. (b) Consanguinity or affinity within the third degree to either party. (c) Standing in the relation of debtor and creditor, guardian and ward, master and servant, employer and clerk, or principal and agent, to either party; or being a member of the family of either party or a partner, or united in business with either party; or being security on any bond or obligation for either party. (d) Having served as a juror or been a witness on a previous trial between the same parties for the same cause of action; or being then a witness therein. (e) Interest on the part of the juror in the event of the action, or in the main question involved in the action; except the interest of the juror as a member or citizen of a municipal corporation. (f) Having formed or expressed an unqualified opinion or belief as to the merits of the action, or the main question involved therein; but the reading of newspaper accounts of the subject matter before the court shall not disqualify a juror either for bias or opinion. (g) The existence of a state of mind in the juror evincing enmity against or bias to either party. 2. A challenge for cause for standing in the relation of debtor and creditor when the party to an action is a public utility as defined in NRS 704.020 may be allowed only where the circumstances as determined by the court so warrant. [1911 CPA § 264; RL § 5206; NCL § 8762]—(NRS A 1967, 99) NRS 16.060 Challenges for cause tried by court. Challenges for cause shall be tried by the court. The juror challenged and any other person may be examined as a witness on the trial of the challenge. [1911 CPA § 265; RL § 5207; NCL § 8763] NRS 16.070 Jury to be sworn; court may order jury into custody of officer. 1. As soon as the jury is completed, the judge or his clerk shall administer an oath or affirmation to the jurors in substantially the following form: Do you, and each of you, (solemnly swear, or affirm under the pains and penalties of perjury) that you will well and truly try the case now pending before this court and a true verdict render according to the evidence given (so help you God)? 2. As soon as the alternate juror or jurors are selected, the judge or his clerk shall administer an oath or affirmation to them in substantially the following form: Do you, and each of you, (solemnly swear, or affirm under the pains and penalties of perjury) that, if required to replace a regular juror or jurors you will well and truly try the case now pending before this court, and a true verdict render according to the evidence given (so help you God)? 3. After the oath or affirmation has been administered and the jury has been fully impaneled, the court may order the jury into the custody of the sheriff or other officer selected by the court. The jurors shall not be allowed to separate or d

Vegas Law




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