Vegas Law



Vegas Lawyer

(702) 388-1229



Nevada Injury Law

Wrongful Death | Car Accident | Slip & Fall | Malpractice | Product Defect | Other Claims

Las Vegas Inury Lawyer
Las Vegas Injury Lawyer





Vegas Law

epart from the custody of the sheriff or other officer except by order of the court. The sheriff shall in such cases, at the charge of the parties to action, prepare suitable and comfortable accommodations and provide food for the jury pending the trial. [1911 CPA § 266; A 1937, 173; 1931 NCL § 8764]—(NRS A 1977, 300, 881) NRS 16.080 Discharge and replacement of jurors who become unable or disqualified to perform duties. After the impaneling of the jury and before verdict, the court may discharge a juror upon a showing of his sickness, a serious illness or death of a member of his immediate family, an undue hardship, an extreme inconvenience, any other inability to perform his duty or a public necessity. Alternate jurors, in the order in which they were selected, shall replace jurors who become unable or disqualified to perform their duties. If an alternate juror is required to replace a regular juror after the jury has retired to deliberate, the court shall recall the jury, seat the alternate and resubmit the case to the jury. If no alternate juror has been selected, the trial may proceed with the remaining jurors, only if the parties so agree. If the parties do not so agree, the jury shall be discharged, and a new jury then or afterwards impaneled. [1911 CPA § 267; RL § 5209; NCL § 8765]—(NRS A 1977, 300) NRS 16.090 Order of proceedings after jury has been sworn. When the jury has been sworn, the trial must proceed in the following order, unless the judge for special reasons otherwise directs: 1. The pleadings may be read by counsel for the respective parties, as they may prefer, or, if not so read, counsel for the respective parties may state the issue during their opening statements. If the pleadings are not read before jury voir dire, the court or either counsel, as the court directs, may state the nature of the case to the jury and advise the jurors of the witnesses whom each side proposes to call. After the jury has been selected and sworn, counsel for the plaintiff and defendant, shall make opening statements if they desire. 2. The plaintiff and defendant shall then each offer the evidence upon his part. 3. The parties may then respectively offer rebutting evidence only, unless the court for good reason, in furtherance of justice, permits them to offer evidence upon their original case. 4. When the evidence is concluded, unless the case is submitted to the jury by either or both sides without argument, the plaintiff must commence and may conclude the argument. 5. If several plaintiffs or defendants, having separate claims or defenses, appear by different counsel, the court shall determine their relative order in the evidence and argument. 6. The court shall settle and give the instructions to the jury before the argument begins, but this does not prevent the giving of further instructions which may become necessary by reason of the argument. [1911 CPA § 268; RL § 5210; NCL § 8766]—(NRS A 1977, 301) NRS 16.100 Jury may view property or premises. When, in the opinion of the court, it is proper for the jury to have a view of the property which is the subject of litigation, or of the place in which any material fact occurred, it may order them to be conducted, in a body, under the charge of an officer, to the place, which shall be shown to them by some person appointed by the court for that purpose. While the jury are thus absent, no person, other than the person so appointed, shall speak to them on any subject connected with the trial. [1911 CPA § 269; RL § 5211; NCL § 8767] NRS 16.110 Instructions to jury. 1. The court shall reduce to writing the instructions to be given to the jury, unless the parties agree otherwise, and shall read such instructions to the jury. The court shall give instructions only as to the law of the case. An original and one copy of each instruction requested by any party shall be tendered to the court. The copies shall be numbered and indicate who tendered them. Copies of instructions given on the court’s own motion or modified by the court shall be so identified. When requested instructions are refused, the judge shall write on the margin of the original the word “refused” and initial or sign the notation. The instructions given to the jury shall be firmly bound together and the judge shall write the word “given” at the conclusion thereof and sign the last of the instructions to signify that all have been given. After the instructions are given, the judge shall not clarify, modify or in any manner explain them to the jury except in writing unless the parties agree to oral instructions. 2. After the jury has reached a verdict and been discharged, the originals of all instructions, whether given, modified or refused, shall be preserved by the clerk as part of the proceedings. 3. Conferences with counsel to settle instructions may be held in chambers at the option of the court. In any event, conferences on instructions must be out of the presence of the jury. [1911 CPA § 270; RL § 5212; NCL § 8768]—(NRS A 1977, 302) NRS 16.120 Deliberation of jury: How and where conducted. 1. After hearing the charge, the jury shall retire for deliberation until they agree upon their verdict or are discharged by the court and must be kept together in a room provided for them, under charge of one or more officers, unless at the discretion of the court they are permitted to depart for home overnight. When the jury is kept together, the officer in charge shall keep the jury separate from other persons. He shall not permit any communication to them, or make any himself, unless by order of the court, except to ask them if they have agreed upon their verdict. The officer shall not, before the verdict is rendered, communicate to any person the state of their deliberations or the verdict agreed upon. 2. Each party to the action may appoint one or more persons, one of whom on each side is entitled to remain with the officer in charge of the jury, and to be present at all times when any communication is had with any member of the jury except when they are permitted to depart for home overnight, and no communication, either oral or written, may be made to or received from any of the jurors while they are kept together, except in the presence of and hearing of persons selected by the parties; and in case of a written communication, it must not be delivered until read by them. 3. At each adjournment of the court, whether the jurors are permitted to depart for home overnight or are kept in charge of officers, they must be admonished by the judge or another officer of the court that it is their duty not to: (a) Communicate among themselves or with any other person concerning their deliberations or any other subject connected with the trial; or (b) Read, watch or listen to any report of or commentary on the trial or any person connected with the trial by any medium of information, including without limitation newspapers, television and radio. [1911 CPA § 271; RL § 5213; NCL § 8769]—(NRS A 1977, 302, 882; 1981, 317) NRS 16.130 Jury may take papers, materials and notes of testimony when retiring for deliberation. Upon retiring for deliberation the jury may take with them all papers, except depositions, and all other items and materials which have been received as evidence in the cause, or copies of any such papers as ought not, in the opinion of the court, to be taken from the person having them in possession; and they may also take with them notes of the testimony, or other proceedings on the trial, taken by themselves or any of them, but none taken by any other person. [1911 CPA § 272; RL § 5214; NCL § 8770]—(NRS A 1963, 60) NRS 16.140 Jury may come into court for further instructions. After the jury has retired for deliberation, if there is a disagreement among them as to any part of the testimony, or if they desire to be informed of any point of law arising in the cau

Vegas Law




Read this important disclaimer

If you experience unusual problems with this site please email the webmaster.

Copyright: David Matheny, 2005-2008.