NRS174.228. Videotaped depositions: Use.

  A court may allow a videotaped deposition to be used instead of the deponent’s testimony at trial only if:

      1.  In the case of a victim of sexual abuse, as that term is defined in NRS 432B.100:

      (a) Before the deposition is taken, a hearing is held by a justice of the peace or district judge who finds that:

             (1) The use of the videotaped deposition in lieu of testimony at trial is necessary to protect the welfare of the victim; and

             (2) The presence of the accused at trial would inflict trauma, more than minimal in degree, upon the victim; and

      (b) At the time a party seeks to use the deposition, the court determines that the conditions set forth in subparagraphs (1) and (2) of paragraph (a) continue to exist. The court may hold a hearing before the use of the deposition to make its determination.

      2.  In the case of a victim of sex trafficking as that term is defined in subsection 2 of NRS 201.300:

      (a) Before the deposition is taken, a hearing is held by a justice of the peace or district judge and the justice or judge finds that cause exists pursuant to paragraph (c) of subsection 1 of NRS 174.227; and

      (b) Before allowing the videotaped deposition to be used at trial, the court finds that the victim is unavailable as a witness.

      3.  In all cases:

      (a) A justice of the peace or district judge presides over the taking of the deposition;

      (b) The accused is able to hear and see the proceedings;

      (c) The accused is represented by counsel who, if physically separated from the accused, is able to communicate orally with the accused by electronic means;

      (d) The accused is given an adequate opportunity to cross-examine the deponent subject to the protection of the deponent deemed necessary by the court; and

      (e) The deponent testifies under oath.

      (Added to NRS by 1993, 251; A 2013, 2420)