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NRS 175.387

Misconduct of defendant; sanctions

Applied in 2 court decisions — leading case Thomas v. State (1978)

Most recently applied in COLLINS (LESEAN) VS. STATE (November 2017)

(Added to NRS by 1971, 847)

1. Whenever a defendant interferes with the orderly course of a trial by disruptive, disorderly or disrespectful conduct, the court may:

(a) Order the defendant bound and gagged.

(b) Cite the defendant for contempt.

(c) Order the defendant removed from the courtroom and proceed with the trial.

2. No such order or citation shall issue except after the defendant has been fully and fairly informed that the defendant’s conduct is wrong and intolerable and has been warned of the consequences of continued misconduct.

3. A defendant who has been removed from the courtroom may be returned upon the defendant’s promise to discontinue such misconduct. If the defendant’s misconduct continues after the defendant’s return the court may proceed as provided in subsection 1.

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