Much of litigation in Nevada is governed by the Nevada Rules of Civil Procedure.
On January 1, 2005 major amendments to the rules became effective. It’s difficult to teach old lawyers (and judges) new tricks, though, and many district courts here are only now requiring compliance.
The new rules track the Federal Rules in numerous respects and require parties to think about and organize cases early in the litigation process. More specifically, Nevada Rule of Civil Procedure 16.1 (NRCP 16.1) mandates full disclosure, without the need for a demand or request, to all witnesses or documents at an early case conference.
NRCP 16.1 also asks parties to provide expert witness reports 90 days in advance of discovery deadlines. This is a significant change and it remains to be seen whether most litigants will “stipulate around the rule.”
The rule additionally requires that parties give full reconsideration to discovery in the months in advance of trial in an attempt to ensure that all parties update discovery responses to avoid surprise and prejudice.
Steve is the Managing Shareholder of Steven J. Klearman & Associates, a civil litigation law firm located in Reno, Nevada. He practices primarily in the areas of civil litigation and injury law, and has authored one of the definitive guides to Nevada civil law that is widely used by Nevada judges and attorneys, his book entitled Elements of Nevada Legal Theories.