Rule 2.34 - Discovery disputes; conferences; motions; stays(a) Unless otherwise ordered, all discovery disputes (except disputes regarding any extension of deadlines set by the discovery scheduling order, or presented at a pretrial conference or at trial) must be heard first by the discovery commissioner.(b) Upon reasonable notice, the discovery commissioner may direct the parties to appear for a conference with the discovery commissioner concerning any discovery dispute. Unless otherwise directed, points and authorities need not be filed prior to a conference noticed by the discovery commissioner. Counsel may not stipulate to vacate or continue a conference without the discovery commissioner's consent.(c) The discovery commissioner may shorten or extend any of the deadlines provided for in EDCR 2.20 for any discovery matter.(d) Discovery motions may not be filed unless an affidavit of moving counsel is attached thereto setting forth that after a discovery dispute conference or a good faith effort to confer, counsel have been unable to resolve the matter satisfactorily. A conference requires either a personal or telephone conference between or among counsel. Moving counsel must set forth in the affidavit with specificity what attempts to resolve the discovery dispute were made, what was resolved and what was not resolved, and the reasons therefor. If a personal or telephone conference was not possible, the affidavit shall set forth the reasons why the conference was not held. If the responding counsel fails to answer the discovery, the affidavit shall set forth what good faith attempts were made to obtain compliance. If, after request, responding counsel fails to participate in good faith in the conference or to answer the discovery, the court may require such counsel to pay to any other party the reasonable expenses, including attorney fees, caused by the failure. When a party is not represented by counsel, the party shall comply with this rule. The movant must sufficiently detail in an affidavit the essential facts to enable the discovery commissioner to pass preliminary judgment on the adequacy and sincerity of the good faith discussion between the parties. It must include the names of the parties who conferred or attempted to confer and the manner in which they communicated. The affidavit must demonstrate that counsel discussed their disputed issues with the same level of detail and legal support as is contained in their briefing before the court.(e) The discovery commissioner may stay any disputed discovery proceeding pending resolution by the district judge.(f) Following the hearing of any discovery motion or other contested matter heard by or submitted to the discovery commissioner, the discovery commissioner must prepare and file a report with the discovery commissioner's recommendations for a resolution of each unresolved dispute. The discovery commissioner may direct counsel to prepare the report in accordance with EDCR 7.21 and 7.23. The discovery commissioner must file the report with the court and serve a copy of it on each party.(1) Objections. Within 14 days after being served with a report, any party may file and serve written objections to the recommendations. Points and authorities may be filed with an objection but are not mandatory. If points and authorities are filed, any other party may file and serve responding points and authorities within 7 days after being served with the objections.(2) Review. Upon receipt of a discovery commissioner's report, any objections, and any response, the court shall: (A) Affirm and adopt, reverse, or modify the discovery commissioner's ruling without a hearing;(B) Set the matter for a hearing; or(C) Remand the matter to the discovery commissioner for reconsideration or further action.(g) Papers or other materials submitted for the discovery commissioner's in camera inspection must be accompanied by a captioned cover sheet complying with EDCR 7.20 that indicates that it is being submitted in camera. All in camera submissions must also contain an index of the specific items submitted. A copy of the index must be furnished to all other parties. The party submitting the materials in camera must provide one Bates stamped, copy of the materials without redactions and one identically Bates stamped set of materials with proposed redactions.(h) If when counsel, meet and confer pursuant to NRCP 16.1 they discover that the parties would benefit from participating in a settlement conference, that information along with 5 dates consistent with the settlement program on which it can be held should be included in the case conference report prepared pursuant to NRCP 16.1(c). The discovery commissioner will then pass said information on to the department managing the settlement conference program, and the department will contact counsel to schedule the case.Nev. R. Prac. Eight Jud. Dist. Ct. 2.34
Amended effective 1/17/2012; amended effective 3/1/2016; amended effective 1/1/2020; amended April 26, 2024, effective 6/25/2024.