NRS 174.105

Defenses and objections which must be raised by motion

Known as the Uniform Act

The act spans §§ 174–174 (63 sections).

Applied in 13 court decisions — leading case Franklin v. State (1973)

Most recently applied in 140 Nev. Adv. Op. No. 50 - DAYANI (FAHD) v. DIST. CT. (STATE) (August 2024)

(Added to NRS by 1967, 1416)

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

1. Defenses and objections based on defects in the institution of the prosecution, other than insufficiency of the evidence to warrant an indictment, or in the indictment, information or complaint, other than that it fails to show jurisdiction in the court or to charge an offense, may be raised only by motion before trial. The motion shall include all such defenses and objections then available to the defendant.

2. Failure to present any such defense or objection as herein provided constitutes a waiver thereof, but the court for cause shown may grant relief from the waiver.

3. Lack of jurisdiction or the failure of the indictment, information or complaint to charge an offense shall be noticed by the court at any time during the pendency of the proceeding.

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.