Nevada Revised Statutes Section 51.055 - Witnesses and Evidence

“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.

Last modified: February 26, 2006