[Rev. 6/29/2024 2:31:11 PM--2023]
PART XI. RULES PERTAINING TO EXHIBITS MARKED AND/OR ADMITTED INTO EVIDENCE
Rule 1. “Evidence Custodian” means any court administrator, county clerk, clerk of court or his/her designee who has physical possession of any item which has been marked as an exhibit and/or been admitted into evidence by any court of law. The Evidence Custodian shall keep a list of all of the exhibits, including the sealed exhibits, and ensure that the integrity of the evidence is maintained.
[Added; effective January 26, 2011.]
Rule 2. The Evidence Custodian shall schedule appointments or establish a reasonable schedule of days of the week and hours of availability for accessing exhibits. Any person who contacts the Evidence Custodian for the purpose of viewing, listening to or photographing any exhibit must first present a government issued, current and valid photo identification. The form of identification presented, its corresponding number if one exists, along with the person’s printed legible name, signature, date and time of accessing the exhibit(s), case number, and the defendant’s name shall be entered onto a log to be kept by the Evidence Custodian.
(a) If the person is a lawyer, he or she shall also list the state(s) where he or she is licensed, and his/her corresponding bar number(s).
(b) Any copying of any exhibit shall be done by the Evidence Custodian and any viewing, listening to or photographing of any exhibit shall only be conducted in the presence of the Evidence Custodian.
(c) Except as to documents and/or unless otherwise ordered by the Judge pursuant to Rule 5, any handling of exhibits shall be done by the Evidence Custodian.
[Added; effective January 26, 2011.]
Rule 3. Whenever a weapon and the ammunition corresponding thereto are both in the possession of the Evidence Custodian, they shall be separated for viewing and/or photographing purposes with the weapon being produced first, then the weapon shall be resecured. Thereafter, separately, the corresponding ammunition shall be viewed and/or photographed.
[Added; effective January 26, 2011.]
Rule 4. The sealing, unsealing, and redacting provisions of Rule 5 do not apply to civil cases for which such issues are controlled by the Nevada Rules for Sealing and Redacting Court Records (SRCR), SCR Part VII.
[Added; effective January 26, 2011.]
Rule 5. At any time, the assigned Judge in the court having physical custody of an exhibit shall retain jurisdiction and may sua sponte, upon an oral or clearly-titled written motion by a party in the presence of or with notice to all of the other parties, or upon a clearly-titled written motion brought by any individual or entity with notice to all of the parties, issue orders pertaining to the handling of the exhibit in accordance with Rule 2(c), the redacting, sealing, or unsealing of the exhibit. The Judge has discretion to issue written findings and a written order, or may issue oral findings and an oral order on the record, after which the order shall be memorialized in writing.
(a) Unless the Judge has issued an order to unseal an exhibit, any exhibit in the possession of the Evidence Custodian which is sealed shall remain sealed, whether the exhibit was sealed before or after the enactment of this rule by either law enforcement, forensic scientists, a forensic laboratory, and/or court order.
[Added; effective January 26, 2011.]
Rule 6. Exhibits marked and/or admitted into evidence are presumed to be public documents subject to public disclosure; however, this presumption of openness may be overcome if a Judge finds and articulates with specificity, upon performing a balancing test, that there exists a countervailing interest in limiting public access. The order sealing or redacting must be as narrowly tailored as possible.
In determining whether to grant a motion to handle an exhibit (see Rule 2(c)), redact, seal or unseal an exhibit, the Judge shall balance this state’s policy favoring open public access to court records including exhibits with the countervailing and compelling government interests. Such interests shall include, but are not limited to the following: ensuring the fair and orderly administration of justice; and/or protecting public safety; and/or confidentiality.
[Added; effective January 26, 2011.]