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1 Nevada Law Journal Forum 1 (2017)

handle is hein.journals/nvljform1 and id is 1 raw text is: STATEWIDE RULES OF CRIMINAL PROCEDURE: A 50 STATE REVIEW Nevada Law Journal Staff* EXECUTIVE SUMMARY The Federal Criminal Procedure Rules provide for the just determination of every criminal proceeding, to secure simplicity in procedure and fairness in administration, and to eliminate unjustifiable expense and delay.' To emulate that same goal, forty-seven states have implemented some form of statewide governing procedural rules for criminal cases.' Particularly, thirty-four states have adopted statewide criminal procedure rules, seven states have promulgat- ed statewide criminal procedural rules for the varying levels of courts, and six state legislatures have enacted all-encompassing criminal procedure statutory codes. Nevada is one of three states without statewide criminal procedure rules, re- sulting in both an increased likelihood of unfair, inconsistent, and misapplication of procedures. Practitioners must review the state's procedural statutes, statewide rules of district courts, supreme court rules, case law, and local district court rules to determine how to proceed in each criminal case. Eight of Nevada's eleven judi- cial districts have their own local procedural rules that either directly, or if appli- cable apply to criminal matters. The Second judicial district is the only district with separate criminal procedure rules. The ambiguity within local district rules creates problems for practitioners as it is not clear what civil/general local rules ap- ply to criminal proceedings. With the ease of travel and technology, attorneys are * This White Paper was written by Emily Dyer, Executive Managing Editor, Chelsea Stacey, Nevada Law Editor, and Adrian Viesca, Executive Editor, with contributions in drafting, ed- iting, and researching by Paul George, Baylie Hellman, Robert Schmidt, Andrea Orwoll, Be- atriz Aguirre, and Julia Barker. The Nevada Law Journal would also like to thank Professor Anne Traum for her guidance and support. Conclusions in this White Paper are based pri- marily on the text of the state's statute, rule, or code section governing criminal procedures. The authors acknowledge that some information may be incomplete despite the authors' best efforts given the complex nature of each state's court structures, judicial decisions, statutes, and rules regarding criminal procedure. This White Paper seeks to provide an insight on the breadth, variations, and structures of each state's criminal procedure rules. 1 FED. R. CRiM. P. 2. 2 The benefits of criminal procedure rules are only effective if they are actually followed and enforceable; however, that inquiry is beyond the scope of this White Paper. 1

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