EDCR 2.34

Discovery disputes; conferences; motions; stays

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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.

 [Amended; effective June 25, 2024.]

Verbatim from the official publication; the only normalization is removal of the publisher's page headers. Verify against the official source for filing-critical use — court publications change without notice.