174.464 - Application for removal: Making and service; hearing and determination in absence of defendant. - Nevada Statutes

174.464  Application for removal: Making and service; hearing and determination in absence of defendant.

      1.  The application for removal must be made in open court, and in writing, verified by the affidavit of the defendant or district attorney, and a copy of the affidavit must be served on the adverse party, at least 1 day prior to the hearing of the application.

      2.  The application may be supported or opposed by other affidavits or other evidence, or other witnesses may be examined in open court.

      3.  Whenever the affidavit of the defendant shows that the defendant cannot safely appear in person to make such application, because popular prejudice is so great as to endanger the defendant’s personal safety, and such statement is sustained by other testimony, such application may be made by the defendant’s attorney and must be heard and determined in the absence of the defendant, notwithstanding the charge then pending against the defendant be a felony, and the defendant has not, at the time of such application, been arrested or given bail, or been arraigned, or pleaded to the indictment or information.

      (Added to NRS by 1967, 1423)