e hearsay rule if the declarant is unavailable as a witness. (Added to NRS by 1971, 797) NRS 51.345 Statement against interest. 1. A statement which at the time of its making: (a) Was so far contrary to the pecuniary or proprietary interest of the declarant; (b) So far tended to subject the declarant to civil or criminal liability; (c) So far tended to render invalid a claim by the declarant against another; or (d) So far tended to make the declarant an object of hatred, ridicule or social disapproval, that a reasonable person in the position of the declarant would not have made the statement unless the declarant believed it to be true is not inadmissible under the hearsay rule if the declarant is unavailable as a witness. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused in a criminal case is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement. 2. This section does not make admissible a statement or confession offered against the accused made by a codefendant or other person implicating both himself and the accused. (Added to NRS by 1971, 797; A 1979, 44; 1997, 1592) NRS 51.355 Statement of personal or family history. 1. A statement concerning the declarant’s own birth, marriage, divorce, legitimacy, relationship by blood or marriage, ancestry or other similar fact of personal or family history is not inadmissible under the hearsay rule if the declarant is unavailable as a witness, even though declarant had no means of acquiring personal knowledge of the matter stated. 2. A statement concerning the matters enumerated in subsection 1, and death also, of another person is not inadmissible under the hearsay rule if the declarant: (a) Was related to the other by blood or marriage or was so intimately associated with the other’s family as to be likely to have accurate information concerning the matter declared; and (b) Is unavailable as a witness. (Added to NRS by 1971, 798) Statement of Child Describing Sexual Conduct or Physical Abuse NRS 51.385 Admissibility; notice of unavailability or inability of child to testify. 1. In addition to any other provision for admissibility made by statute or rule of court, a statement made by a child under the age of 10 years describing any act of sexual conduct performed with or on the child or any act of physical abuse of the child is admissible in a criminal proceeding regarding that act of sexual conduct or physical abuse if: (a) The court finds, in a hearing out of the presence of the jury, that the time, content and circumstances of the statement provide sufficient circumstantial guarantees of trustworthiness; and (b) The child testifies at the proceeding or is unavailable or unable to testify. 2. In determining the trustworthiness of a statement, the court shall consider, without limitation, whether: (a) The statement was spontaneous; (b) The child was subjected to repetitive questioning; (c) The child had a motive to fabricate; (d) The child used terminology unexpected of a child of similar age; and (e) The child was in a stable mental state. 3. If the child is unavailable or unable to testify, written notice must be given to the defendant at least 10 days before the trial of the prosecution’s intention to offer the statement in evidence. (Added to NRS by 1985, 2132; A 2001, 702) CHAPTER 52 - DOCUMENTARY AND OTHER PHYSICAL EVIDENCE AUTHENTICATION AND IDENTIFICATION NRS 52.015 Authentication or identification required. NRS 52.025 Testimony of witness with knowledge. NRS 52.035 Handwriting: Nonexpert opinion. NRS 52.045 Handwriting: Comparison by trier or expert witness. NRS 52.055 Handwriting: Distinctive characteristics. NRS 52.065 Identification by voice. NRS 52.075 Telephone calls. NRS 52.085 Public records and reports. NRS 52.095 Ancient documents; compilations of data. NRS 52.105 Process or system. PRESUMPTIONS OF AUTHENTICITY NRS 52.115 Foreign public documents. NRS 52.125 Certified copies of public records. NRS 52.135 Official publications. NRS 52.145 Newspapers; periodicals. NRS 52.155 Trade inscriptions, signs, tags and labels. NRS 52.165 Acknowledged documents. NRS 52.175 Subscribing witness’ testimony unnecessary. CONTENTS OF WRITINGS, RECORDINGS AND PHOTOGRAPHS NRS 52.185 Definitions. NRS 52.195 “Duplicate” defined. NRS 52.205 “Original” defined. NRS 52.215 “Photographs” defined. NRS 52.225 “Writings” and “recordings” defined. NRS 52.235 Original required. NRS 52.245 Admissibility of duplicates. NRS 52.247 Admissibility of rerecorded, copied or reproduced records; certain records of governmental agency deemed public records. NRS 52.252 Admissibility of copy or transcript of recordings of telephone calls made through system providing telephone number to be used in emergency. NRS 52.255 Admissibility of other evidence of contents. NRS 52.260 Record made in course of regularly conducted activity; affidavit required. NRS 52.265 Public records. NRS 52.275 Summaries. NRS 52.285 Testimony or written admission of party. NRS 52.295 Functions of judge and jury. EXECUTION OF WRITINGS NRS 52.305 Marks instead of signatures; witnesses. NRS 52.315 Seal unnecessary. MEDICAL RECORDS NRS 52.320 Definitions. NRS 52.325 Subpoenaed records: Delivery of authenticated copy by custodian; order for return of record; form of affidavit of authentication. NRS 52.335 Copies delivered to clerk of court: Custody; maintenance; return. NRS 52.345 Notice of delivery to clerk of court. NRS 52.355 Order for production of original documents; appearance by custodian. NRS 52.365 Use of copies in discovery proceedings. NRS 52.375 Fees for subpoenas; admissibility of medical records. DISPOSAL OF PHYSICAL EVIDENCE BEFORE CRIMINAL TRIAL NRS 52.385 Property evidencing crime: Return to person entitled to possession; admissibility of photographs in lieu of property; disposal of property not returned. NRS 52.395 Controlled substances, dangerous drugs and immediate precursors: Procedure for destruction of unnecessary quantity seized as evidence; disposal of hazardous waste. RECORDS OF CASINOS AND HOTELS NRS 52.405 Definitions. NRS 52.415 Authentication of copies. NRS 52.425 Subpoenaed records: Delivery of authenticated copy by custodian; notice and availability upon receipt; preservation. NRS 52.435 Order for production of original record; appearance by custodian. RECORDS OF BANKING AND FINANCIAL INSTITUTIONS NRS 52.450 Definitions. NRS 52.460 Authentication of copies; form and contents of affidavit. NRS 52.470 Subpoenaed records: Delivery of authenticated copy by custodian; notice and availability upon receipt; preservation. NRS 52.480 Order for production of original record; appearance by custodian. MISCELLANEOUS EVIDENCE NRS 52.500 Evidence describing measurements of hazardous waste or hazardous material. _________ AUTHENTICATION AND IDENTIFICATION NRS 52.015 Authentication or identification required. 1. The requirement of authentication or identification as a condition precedent to admissibility is

Vegas Law