Nevada Revised Statutes Section 174.464 - Procedure in Criminal Cases

Application for removal: Making and service; hearing and determination in absence of defendant.

1. The application for removal must be made in open court, and in writing, verified by the affidavit of the defendant or district attorney, and a copy of the affidavit must be served on the adverse party, at least 1 day prior to the hearing of the application.

2. The application may be supported or opposed by other affidavits or other evidence, or other witnesses may be examined in open court.

3. Whenever the affidavit of the defendant shows that he cannot safely appear in person to make such application, because popular prejudice is so great as to endanger his personal safety, and such statement is sustained by other testimony, such application may be made by his attorney and must be heard and determined in the absence of the defendant, notwithstanding the charge then pending against him be a felony, and he has not, at the time of such application, been arrested or given bail, or been arraigned, or pleaded to the indictment or information.

Last modified: February 25, 2006