Nev. Sup. Ct. R. 1

As amended through June 26, 2024
Rule 1 - Definitions

In these rules, unless the context or subject matter otherwise requires:

1. "Simultaneous audiovisual transmission equipment" means transmission accomplished through the use of:
(a) One or more cameras at a location other than the courtroom that depict the witness in real time so that the parties, their counsel (or the government's counsel), the court, and the jury, if any, can see the witness to the same or greater extent they would see if the witness was present in the courtroom; and
(b) One or more cameras in the court room that depict the parties, their counsel (or the government's counsel), the prosecutor, the court, and the jury, if any, in real time on a screen visible to the witness who is at another location.
2. "Court" means a proceeding before a judicial officer, judge, master, or commissioner for all civil proceedings in the State of Nevada.
3. "Party" shall include the plaintiff, defendant, petitioner, respondent, applicant, adverse party, obligee, or obligor and also apply to such party's attorney of record.
4. "Witness" shall mean a party or other person testifying in the court proceeding.
5. "Shall" is mandatory and "may" is permissive.
6. "Good cause" may consist of one or more of the following factors as determined by the court:
(a) Whether a timely objection has been made to parties or witnesses appearing through the use of simultaneous audiovisual transmission equipment;
(b) Whether any undue surprise or prejudice would result;
(c) The convenience of the parties, counsel, and the court;
(d) The cost and time savings;
(e) The importance and complexity of the proceeding;
(f) Whether the proponent has been unable, after due diligence, to procure the physical presence of a witness;
(g) The convenience to the parties and the proposed witness, and the cost of producing the witness in relation to the importance of the offered testimony;
(h) Whether the procedure would allow effective cross-examination, especially where documents and exhibits available to the witness may not be available to counsel;
(i) The importance of presenting the testimony of witnesses in open court, whether the finder of fact may observe the demeanor of the witness, and where the solemnity of the surroundings will impress upon the witness the duty to testify truthfully;
(j) Whether the quality of the communication is sufficient to understand the offered testimony; and
(k) Such other factors as the court may, in each individual case, determine to be relevant.

Nev. Sup. Ct. R. 1

Added effective 7/1/2013.