NRS 174.228 Videotaped depositions: Use.
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NRS 174.228 Videotaped depositions: Use. A court may allow a videotaped deposition to be used instead of the deponent’s testimony at trial only if:
1. In the case of a victim of sexual abuse, as that term is defined in NRS 432B.100 :
(a)Before the deposition is taken, a hearing is held by a justice of the peace or district judge who finds that:
(1)The use of the videotaped deposition in lieu of testimony at trial is necessary to protect the welfare of the victim; and
(2)The presence of the accused at trial would inflict trauma, more than minimal in degree, upon the victim; and
(b)At the time a party seeks to use the deposition, the court determines that the conditions set forth in subparagraphs
(1)and
(2)of paragraph
(a)continue to exist. The court may hold a hearing before the use of the deposition to make its determination.
2. In the case of a victim of sex trafficking as that term is defined in subsection 2 of NRS 201.300 or a victim of facilitating sex trafficking as that term is defined in subsection 1 of NRS 201.301 :
(a)Before the deposition is taken, a hearing is held by a justice of the peace or district judge and the justice or judge finds that cause exists pursuant to paragraph
(c)of subsection 1 of NRS 174.227 ; and
(b)Before allowing the videotaped deposition to be used at trial, the court finds that the victim is unavailable as a witness.
3. In all cases:
(a)A justice of the peace or district judge presides over the taking of the deposition;
(b)The accused is able to hear and see the proceedings;
(c)The accused is represented by counsel who, if physically separated from the accused, is able to communicate orally with the accused by electronic means;
(d)The accused is given an adequate opportunity to cross-examine the deponent subject to the protection of the deponent deemed necessary by the court; and
(e)The deponent testifies under oath.