Exclusion of persons; exceptions.

NRS

171.204

Exclusion of persons; exceptions.

1. Except as otherwise provided in subsection 2, the magistrate may, if good cause is shown and upon the request of any party or on the magistrate’s own motion, exclude from the examination every person except:

(a) The magistrate’s clerk;

(b) The Attorney General;

(c) The prosecuting attorney;

(d) An investigating officer, after the investigating officer has testified as a prosecuting witness and the investigating officer’s cross-examination has been completed;

(e) Any counsel for the victim;

(f) The victim, after the victim has testified as a prosecuting witness and the victim’s cross-examination has been completed;

(g) The defendant and the defendant’s counsel;

(h) The witness who is testifying;

(i) The officer having the defendant or a witness in the officer’s custody;

(j) An attendant to a witness designated pursuant to NRS 178.571 ; and

(k) Any other person whose presence is found by the magistrate to be necessary for the proper conduct of the examination.

2. A person who is called as a witness primarily for the purpose of identifying the victim may not be excluded from the examination except in the discretion of the magistrate.

3. As used in this section, “victim” includes any person described in NRS 178.569 .

(Added to NRS by 1967, 1407 ; A 1969, 628 ; 1983, 891 ; 1995, 72 , 996 ;

1997, 72 , 513 )