NRS174.125. Certain motions required to be made before trial.

      1.  All motions in a criminal prosecution to suppress evidence, for a transcript of former proceedings, for a preliminary hearing, for severance of joint defendants, for withdrawal of counsel, and all other motions which by their nature, if granted, delay or postpone the time of trial must be made before trial, unless an opportunity to make such a motion before trial did not exist or the moving party was not aware of the grounds for the motion before trial.

      2.  In any judicial district in which a single judge is provided:

      (a) All motions subject to the provisions of subsection 1 must be made in writing, with not less than 10 days’ notice to the opposite party unless good cause is shown to the court at the time of trial why the motion could not have been made in writing upon the required notice.

      (b) The court may, by written order, shorten the notice required to be given to the opposite party.

      3.  In any judicial district in which two or more judges are provided:

      (a) All motions subject to the provisions of subsection 1 must be made in writing not less than 15 days before the date set for trial, except that if less than 15 days intervene between entry of a plea and the date set for trial, such a motion may be made within 5 days after entry of the plea.

      (b) The court may, if a defendant waives hearing on the motion or for other good cause shown, permit the motion to be made at a later date.

      4.  Grounds for making such a motion after the time provided or at the trial must be shown by affidavit.

      (Added to NRS by 1967, 1417; A 1981, 1955)