172.197 - Procedure when person subpoenaed to appear before grand jury intends to assert constitutional privilege against self-incrimination. - Nevada Statutes

172.197  Procedure when person subpoenaed to appear before grand jury intends to assert constitutional privilege against self-incrimination.

      1.  If a person who has been subpoenaed to appear before a grand jury informs the district attorney that the person intends to refuse to testify and to assert the person’s constitutional privilege against self-incrimination, the district attorney shall:

      (a) Move for an order of immunity pursuant to NRS 178.572;

      (b) Challenge the existence of a valid privilege by filing in any court of record a motion to compel the testimony of the person; or

      (c) Withdraw the subpoena.

      2.  All proceedings which are held on a motion filed pursuant to subsection 1 must be closed.

      3.  If the existence of the privilege is challenged, the court shall hear the evidence of both parties and determine whether or not a valid privilege exists and to which matters, if any, it extends.

      4.  The district attorney shall not call a person to testify before a grand jury regarding matters which have been so determined to be within the person’s constitutional privilege against self-incrimination.

      (Added to NRS by 1985, 554)