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.
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