Nev. Rev. Stat. § 51.055
This is the official text of Nev. Rev. Stat. § 51.055, part of Nevada’s Rev. Stat — part of the compiled statutory law of Nevada, published by the state as "Rev. Stat." Browse the sections below, each linked to its official government source.
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“Unavailable as a witness” defined
Official statutory text
1. A declarant is “unavailable as a witness” if the declarant is: (a) Exempted by ruling of the judge on the ground of privilege from testifying concerning the subject matter of the declarant’s 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 the declarant’s statement has exercised reasonable diligence but has been unable to procure the declarant’s attendance or to take the declarant’s deposition.
2. A declarant is not “unavailable as a witness” if the declarant’s exemption, refusal, inability or absence is due to the procurement or wrongdoing of the proponent of the declarant’s statement for the purpose of preventing the witness from attending or testifying.
2. A declarant is not “unavailable as a witness” if the declarant’s exemption, refusal, inability or absence is due to the procurement or wrongdoing of the proponent of the declarant’s statement for the purpose of preventing the witness from attending or testifying.
Status: in_force · Read it on the official government site
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