Hearsay Laws in Nevada (NRS Chapter 51)
Hearsay Laws
As a prospective client, it is important for you to understand the hearsay rule under Nevada law if you are involved in a legal matter where the admissibility of evidence is at issue. The hearsay rule is a legal principle that governs the admissibility of out-of-court statements in court proceedings. Nevada law defines hearsay as a statement made outside of court that is offered in court as evidence to prove the truth of the matter asserted in the statement.
The general rule is that hearsay is inadmissible as evidence in court unless it falls within a recognized exception. The purpose of the hearsay rule is to ensure that the evidence presented in court is reliable and based on firsthand knowledge, rather than secondhand information that may be inaccurate or unreliable.
Nevada's hearsay rule is codified in NRS Chapter 51. The defining statute NRS 51.035 describes hearsay as "a statement offered in evidence to prove the truth of the matter asserted."
Nevada recognizes a number of exceptions to the hearsay rule. Some of the most commonly used exceptions include:
- Statements Against Interest: Statements made by a declarant that are against their own interest at the time the statement was made are generally admissible as an exception to the hearsay rule. For example, if a person confesses to a crime, that confession may be admissible as evidence against them. NRS 51.345
- Dying Declarations: Statements made by a declarant who believes they are about to die are admissible as an exception to the hearsay rule. For example, if a person is fatally injured in a car accident and tells someone at the scene who caused the accident, that statement may be admissible in court. NRS 51.335
- Statements of Identification: Statements made by a declarant identifying a person are generally admissible as an exception to the hearsay rule. For example, if a witness identifies a suspect in a lineup, their identification may be admissible in court. NRS 51.035(2)(c).
- Business Records: Business records, such as invoices or receipts, are generally admissible as an exception to the hearsay rule if they were created in the regular course of business. NRS 51.135; see also NRS 51.125; NRS 51.145; NRS 51.155; NRS 51.215.
- Excited Utterances: Statements made by a declarant in the heat of the moment, when they are still under the influence of the emotions of a startling event, are generally admissible as an exception to the hearsay rule. NRS 51.095.
It is important to note that even if a statement falls within one of the recognized exceptions to the hearsay rule, it may still be subject to exclusion if it is deemed unreliable or unfair to the opposing party.
In conclusion, understanding the hearsay rule is important for anyone involved in a legal matter where evidence is at issue. While hearsay is generally inadmissible in court, there are a number of exceptions that may allow it to be admitted. If you are involved in a legal matter in Nevada, it is important to consult with an experienced attorney to ensure that your rights are protected and that any evidence presented in court is admissible under the appropriate legal principles.
Few issues in family law cause more stress than child custody. Parents want to know: What will happen to my kids? How will the court decide? In Nevada, custody decisions are based on what the court believes is in the best interest of the child. If you’re going through a divorce or separation in Douglas County, Washoe County, or elsewhere in Northern Nevada, here’s what you need to know about how custody is decided. Types of Custody in Nevada Nevada recognizes two main types of custody: • Legal custody: The right to make important decisions about your child’s education, healthcare, and upbringing. • Physical custody: Where the child lives and who provides day-to-day care. Custody can be joint (shared between parents) or sole (granted primarily to one parent). Courts prefer joint custody when possible, believing children benefit from ongoing relationships with both parents. The “Best Interest of the Child” Standard Under Nevada law (NRS 125C.0035), judges must prioritize the child’s best interests above all else. Factors the court considers include: • The child’s relationship with each parent • Each parent’s ability to provide a stable home • The child’s physical, developmental, and emotional needs • The child’s preference, if mature enough to express it • Any history of domestic violence, neglect, or substance abuse • The willingness of each parent to foster a relationship between the child and the other parent No single factor is decisive — judges weigh all circumstances carefully. Modifying Custody Orders Custody isn’t set in stone. If circumstances change — such as one parent moving, changes in a child’s needs, or concerns about safety — custody orders can be modified. To do this, the requesting parent must show a substantial change in circumstances and prove the modification would benefit the child. Local Custody Cases in Douglas and Washoe Counties Custody cases in Douglas County are typically heard in the East Fork Justice Court or District Court in Minden, while Washoe County cases are handled at the Second Judicial District Court in Reno. Each court has its own procedures, but both apply the same Nevada custody laws. Having an attorney who knows the local judges and practices can make a real difference. Protecting Your Parental Rights At Max Stovall Law, we know how important your children are. We’ve helped parents across Northern Nevada navigate custody disputes with compassion and strength, fighting for arrangements that serve both the child’s best interests and the parent’s rights. If you’re facing a custody dispute, don’t face it alone. Contact us today for a free consultation.
A first-time DUI in Nevada can be a frightening experience, especially if you’ve never been in legal trouble before. You may be worried about losing your license, going to jail, or how this charge could affect your job and reputation. Whether your arrest happened in Douglas County, Washoe County, or anywhere in Northern Nevada, it’s important to understand the law — and what to expect in the weeks and months ahead. Nevada’s DUI Laws In Nevada, you can be charged with driving under the influence if: Your blood alcohol concentration (BAC) is 0.08% or higher (0.04% for commercial drivers, 0.02% for drivers under 21), or You are impaired by alcohol, drugs, or a combination, regardless of BAC This applies whether you were driving in downtown Reno, on a rural Douglas County highway, or anywhere else in the state. Penalties for a First DUI Offense A first-time DUI in Nevada is typically a misdemeanor, but the penalties can still be serious. If convicted, you may face: Jail time: 2 days to 6 months (often converted to community service for first-time offenders) Fines: $400 to $1,000 plus court costs License suspension: 185 days (with possible eligibility for a restricted license after 90 days) DUI education: Mandatory alcohol/drug education program Victim Impact Panel: Attendance at a panel hosted by groups like Mothers Against Drunk Driving (MADD) If your BAC was 0.18% or higher, you may also be required to install an ignition interlock device on your vehicle for 185 days. Criminal Case vs. DMV Hearing One important thing to understand is that a DUI triggers two separate processes: The criminal case in court The DMV administrative hearing about your license These are completely separate. Even if your criminal case is dismissed, the DMV can still suspend your license unless you successfully contest the administrative action. You only have 7 days from your arrest to request a DMV hearing — miss that deadline and your suspension will begin automatically. Possible Defenses for a First DUI Every case is different, but common defenses in first-offense DUI cases may include: Challenging the accuracy of the breath or blood test Questioning whether the traffic stop was lawful Showing that field sobriety tests were improperly administered Demonstrating that medical conditions or other factors caused “false positives” for impairment The sooner you involve an attorney, the more opportunities you have to protect your record and your license. Why You Should Take a First DUI Seriously Many people make the mistake of thinking a first DUI is “no big deal” — but a conviction stays on your record for 7 years. Any future DUI arrest during that time will be treated as a second offense, with much harsher penalties. A first offense can also raise your insurance rates and limit employment opportunities. Local Representation for DUI Charges At Max Stovall Law, we represent clients facing DUI charges in Douglas County, Washoe County, and throughout Northern Nevada. We know the local court systems, the prosecutors, and the strategies that work in these cases. Our goal is to protect your license, your record, and your future. If you’ve been arrested for a first DUI, don’t wait. The clock on your DMV hearing is already ticking. Contact us today for a free consultation and let’s start building your defense .
