1. Pleadings in criminal proceedings are the indictment, the information and, in justice court, the complaint, and the pleas of guilty, guilty but mentally ill, not guilty, not guilty by reason of insanity and nolo contendere. 2. All other pleas, demurrers and motions to quash are abolished, and defenses and objections raised before trial which […]
1. If a defendant was formerly acquitted on the ground of a variance between the indictment, information or complaint and proof, or the indictment, information, or complaint was dismissed upon an objection to its form or substance, or in order to hold a defendant for a higher offense without a judgment of acquittal, it is […]
Any defense or objection which is capable of determination without the trial of the general issue may be raised before trial by motion. (Added to NRS by 1967, 1416)
1. A defendant who is charged with murder of the first degree in a case in which the death penalty is sought may, not less than 10 days before the date set for trial, file a motion to declare that the defendant is intellectually disabled. 2. If a defendant files a motion pursuant to this […]
1. Defenses and objections based on defects in the institution of the prosecution, other than insufficiency of the evidence to warrant an indictment, or in the indictment, information or complaint, other than that it fails to show jurisdiction in the court or to charge an offense, may be raised only by motion before trial. The […]
The motion shall be made before the plea is entered, but the court may permit it to be made within a reasonable time thereafter. (Added to NRS by 1967, 1417)
1. All motions in a criminal prosecution to suppress evidence, for a transcript of former proceedings, for a preliminary hearing, for severance of joint defendants, for withdrawal of counsel, and all other motions which by their nature, if granted, delay or postpone the time of trial must be made before trial, unless an opportunity to […]
1. A motion before trial raising defenses or objections shall be determined before trial unless the court orders that it be deferred for determination at the trial of the general issue. 2. An issue of fact shall be tried by a jury if a jury trial is required under the Constitution of the United States […]
1. If a motion is determined adversely to the defendant, the defendant shall be permitted to plead if the defendant had not previously pleaded. A plea previously entered shall stand. 2. If the court grants a motion based on a defect in the institution of the prosecution or in the indictment, information or complaint, it […]
