s, the words and phrases defined in NRS 51.025 to 51.055, inclusive, have the meanings ascribed to them in such sections. (Added to NRS by 1971, 793) NRS 51.025 “Declarant” defined. “Declarant” means a person who makes a statement. (Added to NRS by 1971, 793) NRS 51.035 “Hearsay” defined. “Hearsay” means a statement offered in evidence to prove the truth of the matter asserted unless: 1. The statement is one made by a witness while testifying at the trial or hearing; 2. The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is: (a) Inconsistent with his testimony; (b) Consistent with his testimony and offered to rebut an express or implied charge against him of recent fabrication or improper influence or motive; (c) One of identification of a person made soon after perceiving him; or (d) A transcript of testimony given under oath at a trial or hearing or before a grand jury; or 3. The statement is offered against a party and is: (a) His own statement, in either his individual or a representative capacity; (b) A statement of which he has manifested his adoption or belief in its truth; (c) A statement by a person authorized by him to make a statement concerning the subject; (d) A statement by his agent or servant concerning a matter within the scope of his agency or employment, made before the termination of the relationship; or (e) A statement by a coconspirator of a party during the course and in furtherance of the conspiracy. (Added to NRS by 1971, 793) NRS 51.045 “Statement” defined. “Statement” means: 1. An oral or written assertion; or 2. Nonverbal conduct of a person, if it is intended by him as an assertion. (Added to NRS by 1971, 794) NRS 51.055 “Unavailable as a witness” defined. 1. A declarant is “unavailable as a witness” if he is: (a) Exempted by ruling of the judge on the ground of privilege from testifying concerning the subject matter of his statement; (b) Persistent in refusing to testify despite an order of the judge to do so; (c) Unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity; or (d) Absent from the hearing and beyond the jurisdiction of the court to compel appearance and the proponent of his statement has exercised reasonable diligence but has been unable to procure his attendance or to take his deposition. 2. A declarant is not “unavailable as a witness” if his exemption, refusal, inability or absence is due to the procurement or wrongdoing of the proponent of his statement for the purpose of preventing the witness from attending or testifying. (Added to NRS by 1971, 794) NRS 51.065 General rule. 1. Hearsay is inadmissible except as provided in this chapter, title 14 of NRS and the Nevada Rules of Civil Procedure. 2. This section constitutes the hearsay rule. (Added to NRS by 1971, 794) NRS 51.067 Hearsay within hearsay. Hearsay included within hearsay is not excluded under the hearsay rule if each part of the combined statements conforms to an exception to the hearsay rule provided in this chapter. (Added to NRS by 1971, 798)—(Substituted in revision for NRS 51.365) NRS 51.069 Credibility of declarant. 1. When a hearsay statement has been admitted in evidence, the credibility of the declarant may be attacked or supported by any evidence which would be admissible for those purposes if the declarant had testified as a witness. 2. Evidence of a statement or conduct by the declarant at any time, which is inconsistent with his hearsay statement, is not subject to any requirement that he must have been afforded an opportunity to deny or explain. 3. If the party against whom a hearsay statement has been admitted calls the declarant as a witness, the party may examine the witness on that statement as if the witness were under cross-examination. (Added to NRS by 1971, 798; A 1979, 25)—(Substituted in revision for NRS 51.375) EXCEPTIONS Availability of Declarant Immaterial NRS 51.075 General exception; other exceptions illustrative. 1. A statement is not excluded by the hearsay rule if its nature and the special circumstances under which it was made offer assurances of accuracy not likely to be enhanced by calling the declarant as a witness, even though he is available. 2. The provisions of NRS 51.085 to 51.305, inclusive, are illustrative and not restrictive of the exception provided by this section. (Added to NRS by 1971, 794) NRS 51.085 Present sense impressions. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter, is not inadmissible under the hearsay rule. (Added to NRS by 1971, 794) NRS 51.095 Excited utterances. A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition is not inadmissible under the hearsay rule. (Added to NRS by 1971, 794) NRS 51.105 Then existing mental, emotional or physical condition. 1. A statement of the declarant’s then existing state of mind, emotion, sensation or physical condition, such as intent, plan, motive, design, mental feeling, pain and bodily health, is not inadmissible under the hearsay rule. 2. A statement of memory or belief to prove the fact remembered or believed is inadmissible under the hearsay rule unless it relates to the execution, revocation, identification or terms of declarant’s will. (Added to NRS by 1971, 795) NRS 51.115 Statements for purposes of medical diagnosis or treatment. Statements made for purposes of medical diagnosis or treatment and describing medical history, or past or present symptoms, pain or sensations, or the inception or general character of the cause or external source thereof are not inadmissible under the hearsay rule insofar as they were reasonably pertinent to diagnosis or treatment. (Added to NRS by 1971, 795) NRS 51.125 Recorded recollection. 1. A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable him to testify fully and accurately is not inadmissible under the hearsay rule if it is shown to have been made when the matter was fresh in his memory and to reflect that knowledge correctly. 2. The memorandum or record may be read into evidence but may not itself be received unless offered by an adverse party. (Added to NRS by 1971, 795) NRS 51.135 Record of regularly conducted activity. A memorandum, report, record or compilation of data, in any form, of acts, events, conditions, opinions or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, all in the course of a regularly conducted activity, as shown by the testimony or affidavit of the custodian or other qualified person, is not inadmissible under the hearsay rule unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. (Added to NRS by 1971, 795; A 1977, 1533; 1985, 787; 1989, 322; 1995, 1726) NRS 51.145 Absence of entry in records of regularly conducted activity. Evidence that a matter is not included in the memoranda, reports, records or data compilations, in any form, of a regularly conducted activity is not inadmissible under the hearsay rule to prove the nonoccurrence or nonexistence of the matter, if the matter was of a kind of which a memorandum, report, record or data compilation was regularly made and preserved. (Added to NRS by 1971, 795) NRS 51.155 Public records and re

Vegas Law