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Rule 4 – Initial Appearance and Arraignment

May 14, 2021 | Criminal Procedure, Nevada

1. Defendant charged by information.

(A) If the defendant has been charged by information, and

(i) is not under sentence of imprisonment in the custody of the Nevada Department of Corrections at the time of arrest; and
(ii) the defendant has not previously been afforded a prompt adversarial hearing regarding bail or conditions of release regarding the charges or subject matter contained in the information;

the court shall conduct a prompt adversarial hearing to determine whether detention is warranted and fix appropriate conditions for the defendant’s release from custody or fix appropriate bail.

(B) If a defendant has been charged by information, the initial appearance of the defendant before the district court shall be scheduled at the earliest possible opportunity but not to exceed 11 days of the date of transmission of the record from the justice court to the clerk of the district court if the defendant was in custody at the time of bindover, unless:

(i) Waived by the defendant in a written document signed by the defendant;
(ii) The number of other cases pending in the court prohibits scheduling the initial appearance within that time; or
(iii) Continued by the court for good cause shown.
(C) At the initial appearance of the defendant before the district court, the court shall:

(i) Supply the defendant a copy of the information unless the charging document has previously been made available to the defendant through e-filing;
(ii) If necessary, determine whether the defendant qualifies for appointed counsel and, if so, appoint counsel to represent the defendant. In such event, newly appointed counsel shall upon the defendant’s request, be given an extension of time of up to 5 days before entry of plea;
(iii) Arraign the defendant upon all charges in the information;
(iv) If the defendant enters a plea of not guilty, set the dates for trial, pretrial motions, evidentiary hearings, or status conferences.
2. Defendant charged by indictment.

(A) If the defendant has been charged by indictment, and is not under sentence of imprisonment in the custody of the Nevada Department of Corrections at the time of arrest upon indictment, and:

(i) The indictment addresses the same charges or subject matter as a criminal complaint pending in a parallel proceeding in the justice courts, and the warrant issued upon the indictment sets bail or conditions of pretrial release that exceed the prevailing bail or conditions of release set by the magistrate in the parallel proceeding; or
(ii) There is no criminal complaint pending in a parallel proceeding in the justice courts addressing the same charges or subject matter as the indictment; or
(iii) The defendant has not previously been afforded a prompt adversarial hearing regarding bail or conditions of release regarding the charges or subject matter contained in the indictment; the court shall conduct an adversarial hearing within 3 days of arrest to determine whether detention is warranted and fix appropriate conditions for the defendant’s release from custody or fix appropriate bail.
(B) Unless otherwise required by subsection (A), the initial appearance before the district court of a defendant charged by indictment shall be scheduled:

(i) Within 3 days of the date of the defendant’s arrest upon the indictment; or
(ii) Within 15 days of the date the defendant is served with a summons upon the indictment; unless waived by the defendant or continued by the court for good cause shown.
(C) At the initial appearance of the defendant charged by indictment before the district court, the court shall:

(i) Supply the defendant a copy of the indictment unless the charging document has previously been made available to the defendant through e-filing;
(ii) If necessary, determine whether the defendant qualifies for appointed counsel and, if so, appoint counsel to represent the defendant. In such event, newly appointed counsel shall upon the defendant’s request, be given an extension of time of up to 5 days before entry of plea;
(iii) Arraign the defendant upon all charges in the indictment;
(iv) If the defendant enters a plea of not guilty, set the dates for trial, pretrial motions, evidentiary hearings or status conferences.
3.Information by affidavit.

(A) Inthe event of the defendant’s discharge after a preliminary hearing, the State must both seek leave of court and file an information within 15 days of the date of discharge by the justice of the peace, other examining officer, or magistrate.

Nev. R. Cri. p. 4

As adopted effective March 1, 2021.