Vegas Criminal Attorney: Unveils Rules for Expert Witnesses in Nevada  – NRS 175.271

In a criminal case, a prosecutor has to prove a defendant’s guilt on all elements of the crime the defendant is accused of. The prosecutor has to present evidence to prove the case beyond a reasonable doubt, while the defendant can introduce his or her own evidence in an attempt to refute or undermine the case made by the prosecutor. There are many different types of evidence which are presented, including testimony from expert witnesses.

Both prosecutors and defendants can call expert witnesses to the stand. The court can also appoint an expert witness to address issues relevant to the case. There are strict rules for the appointment of expert witnesses and for what happens when an expert witness is called to testify. A defendant who is faced with criminal charges that could affect his freedom must understand exactly what these rules are. A Las Vegas criminal defense attorney can help.

LV Criminal Defense has a strong network of expert witnesses who can provide testimony to help defendants in many different kinds of criminal cases. Our legal team also has extensive knowledge of the Nevada rules of evidence related to expert witnesses so we can make sure that you follow the criminal procedures that will help you to make the strongest possible case. Give us a call today to learn more.

Nevada Rules for Expert Witnesses

There are many different Nevada rules for expert witnesses, with some of those rules found in N.R.S. 175.271. N.R.S. 175.271 is a statute found within the section of the Nevada code of criminal procedure that deals with conduct during a trial. According to the relevant statute:

  • The court can appoint expert witnesses of its own selection, and can appoint expert witnesses who are agreed upon by the prosecutor and the defense. The court can appoint an expert witness only if the witness consents.
  • The court can order the defendant or the prosecutor to show why an expert witness shouldn’t be appointed.
  • The court can request the parties submit nominations for an expert witness to be appointed.

When a witness is appointed, the witness should be informed by the court in writing of his or her duties. A copy of the written information provided to the expert witness should be filed with the court clerk and/or should be filed at a conference that the prosecutor, defense, and witness have an opportunity to participate in.

When an expert witness is appointed, the witness should advise the parties of his or her findings and is subject to cross examination by both parties. The court can determine a reasonable amount of compensation for the appointed expert witness, and can order the payment of the witness through the use of funds provided by law.

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Parties can also call their own expert witnesses who they have chosen. However, any expert witness- whether he is appointed by the court or called by the party- can be excluded by the judge from being in court when other witnesses testify.

Getting Help from a Las Vegas Defense Lawyer

Expert witnesses can often have a huge impact on the outcome of your case because juries tend to give a lot of weight to the things that experts say. If your case hinges on scientific facts or on evidence which a jury might not necessarily understand, you will need to make certain that an expert witness not only has strong credibility but is also able to explain complex concepts to a jury in the way that the jury can comprehend.

LV Criminal Defense can offer you assistance in finding expert witnesses who can help your case. We can also provide advice on objecting to witnesses, and on asking questions that help to raise reasonable doubt about your guilt. Give us a call for help today to learn more.