Nevada Revised Statutes 189.120 – Appeal by State from order granting defendant’s motion to suppress evidence
1. The State may appeal to the district court from an order of a justice court granting the motion of a defendant to suppress evidence.
Terms Used In Nevada Revised Statutes 189.120
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
2. Such an appeal shall be taken:
(a) Within 2 days after the rendition of such an order during a trial or preliminary examination.
(b) Within 5 days after the rendition of such an order before a trial or preliminary examination.
3. Upon perfecting such an appeal:
(a) After the commencement of a trial or preliminary examination, further proceedings in the trial shall be stayed pending the final determination of the appeal.
(b) Before trial or preliminary examination, the time limitation within which a defendant shall be brought to trial shall be extended for the period necessary for the final determination of the appeal.