NRCP 16.1

Mandatory Pretrial Discovery Requirements

sha256 30d9f04b9eddfbe84536e979b3047cb6… · retrieved 7/17/2026, 11:10:07 PM · NRCP — the LCB's consolidated CourtRules page, verbatim (amendments through October 31, 2025) · awaiting human verification flip (text is verbatim; the flip is the review gate)

Rule 16.1. Mandatory Pretrial Discovery Requirements

 (a) Required Disclosures.

 (1) Initial Disclosure.

 (A) In General. Except
as exempted by Rule 16.1(a)(1)(B) or as otherwise stipulated or ordered by the
court, a party must, without awaiting a discovery request, provide to the other
parties:

 (i) the name and, if known,
the address and telephone number of each individual likely to have information
discoverable under Rule 26(b), including for impeachment or rebuttal,
identifying the subjects of the information;

 (ii) a copy—or a description
by category and location—of all documents, electronically stored information,
and tangible things that the disclosing party has in its possession, custody,
or control and may use to support its claims or defenses, including for
impeachment or rebuttal, and, unless privileged or protected from disclosure,
any record, report, or witness statement, in any form, concerning the incident
that gives rise to the lawsuit;

 (iii) when personal injury is
in issue, the identity of each relevant medical provider so that the opposing
party may prepare an appropriate medical authorization for signature to obtain
medical records from each provider;

 (iv) a computation of each
category of damages claimed by the disclosing party—who must make available for
inspection and copying as under Rule 34 the documents or other evidentiary
material, unless privileged or protected from disclosure, on which each
computation is based, including materials bearing on the nature and extent of
injuries suffered; and

 (v) for inspection and
copying as under Rule 34, any insurance agreement under which an insurance
business may be liable to satisfy all or part of a possible judgment in the
action or to indemnify or reimburse for payments made to satisfy the judgment
and any disclaimer or limitation of coverage or reservation of rights under any
such insurance agreement.

 (B) Proceedings Exempt From
Initial Disclosure. The following proceedings are exempt from
initial disclosure:

 (i) an action within the
original, exclusive jurisdiction of the family court, irrespective of whether
the district court actually has a separate family court or division;

 (ii) an action filed under
NRS Title 12 or 13;

 (iii) an appeal from a court
of limited jurisdiction;

 (iv) an action for review on
an administrative record;

 (v) a forfeiture action in
rem arising from a statute;

 (vi) a petition for habeas
corpus or any other proceeding to challenge a criminal conviction or sentence;

 (vii) an action to enforce or
quash an administrative summons or subpoena;

 (viii) a proceeding ancillary
to a proceeding in another court;

 (ix) an action to enforce an
arbitration award; and

 (x) any other action that is
not brought against a specific individual or entity.

 (C) Time for Initial
Disclosures—In General. A party must make the initial
disclosures at or within 14 days after the parties’ Rule 16.1(b) conference
unless a different time is set by stipulation or court order, or unless a party
objects during the conference that initial disclosures are not appropriate in
this action and states the objection in the Rule 16.1(c) case conference
report. In ruling on the objection, the court must determine what disclosures,
if any, are to be made and must set the time for disclosure.

 (D) Time for Initial
Disclosures—For Parties Served or Joined Later. A party that
is first served or otherwise joined after the Rule 16.1(b) conference must make
the initial disclosures within 30 days after filing an answer or a motion under
Rule 12, unless a different time is set by stipulation or court order.

 (E) Basis for Initial Disclosure;
Unacceptable Excuses. A party must make its initial
disclosures based on the information then reasonably available to it. A party
is not excused from making its disclosures because it has not fully
investigated the case or because it challenges the sufficiency of another
party’s disclosures or because another party has not made its disclosures.

 (2) Disclosure of Expert Testimony.

 (A) In General. In
addition to the disclosures required by Rule 16.1(a)(1), a party must disclose
to the other parties the identity of any witness it may use at trial to present
evidence under NRS 50.275, 50.285, and 50.305.

 (B) Witnesses Who Must Provide a
Written Report. Unless otherwise stipulated or ordered by the
court, this disclosure must be accompanied by a written report—prepared and
signed by the witness—if the witness is one retained or specially employed to
provide expert testimony in the case or one whose duties as the party’s
employee regularly involve giving expert testimony. The report must contain:

 (i) a complete statement of
all opinions the witness will express, and the basis and reasons for them;

 (ii) the facts or data
considered by the witness in forming them;

 (iii) any exhibits that will
be used to summarize or support them;

 (iv) the witness’s
qualifications, including a list of all publications authored in the previous
ten years;

 (v) a list of all other cases
in which, during the previous four years, the witness testified as an expert at
trial or by deposition; and

 (vi) a statement of the
compensation to be paid for the study and testimony in the case.

 (C) Witnesses Who Do Not Provide
a Written Report. Unless otherwise stipulated or ordered by
the court, if the witness is not required to provide a written report, this
disclosure must state:

 (i) the subject matter on
which the witness is expected to present evidence under NRS 50.275, 50.285, and 50.305;

 (ii) a summary of the facts and
opinions to which the witness is expected to testify;

 (iii) the qualifications of
that witness to present evidence under NRS
50.275, 50.285, and 50.305, which may be satisfied by
the production of a resume or curriculum vitae; and

 (iv) the compensation of the
witness for providing testimony at deposition and trial, which is satisfied by
production of a fee schedule.

 (D) Treating Physicians.

 (i) Status. A
treating physician who is retained or specially employed to provide expert
testimony in the case, or whose duties as the party’s employee regularly
involve giving expert testimony on behalf of the party, must provide a written
report under Rule 16.1(a)(2)(B). Otherwise, a treating physician who is
properly disclosed under Rule 16.1(a)(2)(C) may be deposed or called to testify
without providing a written report. A treating physician is not required to
provide a written report under Rule 16.1(a)(2)(B) solely because the
physician’s testimony may discuss ancillary treatment, or the diagnosis,
prognosis, or causation of the patient’s injuries, that is not contained within
the physician’s medical chart, as long as the content of such testimony is
properly disclosed under Rule 16.1(a)(2)(C)(i)-(iv).

 (ii) Change in Status. A
treating physician will be deemed a retained expert witness subject to the written
report requirement of Rule 16.1(a)(2)(B) if the party is asking the treating
physician to provide opinions outside the course and scope of the treatment
provided to the patient.

 (iii) Disclosure. The
disclosure regarding a non-retained treating physician must include the
information identified in Rule 16.1(a)(2)(C), to the extent practicable. In
that regard, appropriate disclosure may include that the physician will testify
in accordance with his or her medical chart, even if some records contained
therein were prepared by another healthcare provider.

 (E) Time to Disclose Expert
Testimony.

 (i) A party must make these
disclosures at the times and in the sequence that the court orders. Absent a
stipulation or a court order otherwise, the disclosures must be made:

 (a) at least 90 days
before the discovery cut-off date; or

 (b) if the evidence is
intended solely to contradict or rebut evidence on the same subject matter
identified by another party under Rule 16.1(a)(2)(B), (C), or (D), within 30
days after the other party’s disclosure.

 (ii) The disclosure deadline
under Rule 16.1(a)(2)(E)(i)(b) does not apply to any party’s witness whose
purpose is to contradict a portion of another party’s case in chief that should
have been expected and anticipated by the disclosing party, or to present any
opinions outside of the scope of another party’s disclosure.

 (F) Supplementing the Disclosure.

 (i) In General. The
parties must supplement these disclosures when required under Rule 26(e).

 (ii) Non-Retained Experts. A
non-retained expert, who is not identified at the time the expert disclosures
are due, may be subsequently disclosed in accordance with Rule 26(e). In
general, the disclosing party must move to reopen the discovery deadlines or
otherwise seek leave of court in order to supplementally disclose a
non-retained expert. However, supplementation may be made without first moving
to reopen the expert disclosure deadlines or otherwise seeking leave of court,
if such disclosure is made:

 (a) in accordance with
Rule 16.1(a)(2)(C);

 (b) within a reasonable
time after the non-retained expert’s opinions become known to the disclosing
party; and

 (c) not later than 21
days before the close of discovery.

 (3) Pretrial Disclosures.

 (A) In General. In
addition to the disclosures required by Rule 16.1(a)(1) and (2), a party must
provide to the other parties and promptly file the following information about
the evidence that it may present at trial, including impeachment and rebuttal
evidence:

 (i) the name and, if not
previously provided, the address and telephone number of each
witness—separately identifying those the party expects to present, those
witnesses who have been subpoenaed for trial, and those it may call if the need
arises;

 (ii) the designation of those
witnesses whose testimony the party expects to present by deposition and, if
not taken stenographically, a transcript of the pertinent parts of the
deposition; and

 (iii) an identification of
each document or other exhibit, including summaries of other
evidence—separately identifying those items the party expects to offer and
those it may offer if the need arises.

 (B) Time for Pretrial
Disclosures; Objections.

 (i) Unless the court orders
otherwise, these disclosures must be made at least 30 days before trial.

 (ii) Within 14 days after
they are made, unless the court sets a different time, a party may serve and
promptly file a list of the following objections:

 (a) any objections to
the use under Rule 32(a) of a deposition designated by another party under Rule
16.1(a)(3)(A)(ii); and

 (b) any objection,
together with the grounds for it, that may be made to the admissibility of
materials identified under Rule 16.1(a)(3)(A)(iii).

 (iii) An objection not so
made—except for one under NRS 48.025
and 48.035—is waived unless
excused by the court for good cause.

 (4) Form of Disclosures. Unless
the court orders otherwise, all disclosures under Rule 16.1(a) must be in
writing, signed, and served.

 (b) Early Case Conference; Discovery Plan. Except
as otherwise stated in this rule, all parties who have filed a pleading in the
action must participate in an early case conference.

 (1) Exceptions. Parties
are not required to participate in an early case conference if:

 (A) the case is exempt from the
initial disclosure requirements under Rule 16.1(a)(1)(B);

 (B) the case is subject to
arbitration under Rule 3(A) of the Nevada
Arbitration Rules (NAR) and an exemption from arbitration under NAR 5 has been requested but not decided by the
court or the commissioner appointed under NAR 2(c);

 (C) the case is in the court-annexed
arbitration program;

 (D) the case has been through
arbitration and the parties have requested a trial de novo under the NAR;

 (E) the case is in the short trial
program; or

 (F) the court has entered an order
excusing compliance with this requirement.

 (2) Timing.

 (A) In General. The
early case conference must be held within 30 days after service of an answer by
the first answering defendant. All parties who have served initial pleadings
must participate in the first case conference. If a new party serves its
initial pleading after the first case conference, a supplemental case
conference must be held within 30 days after service by any party of a written
request for a supplemental conference; otherwise, a supplemental case
conference is not required.

 (B) Continuances. The
parties may agree to continue the time for the early case conference or a
supplemental case conference for an additional period of not more than 90 days.
The court, for good cause shown, may also continue the time for any case
conference. Absent compelling and extraordinary circumstances, neither the
court nor the parties may extend the time for the early case conference
involving a particular defendant to a date more than 180 days after service of
the first answer by that defendant.

 (3) Attendance. A
party may attend the case conference in person or by using audio or audiovisual
transmission equipment that permits all those appearing or participating to
hear and speak to each other, provided that all conversation of all parties is
audible to all persons participating. The court may order the parties or
attorneys to attend the conference in person.

 (4) Responsibilities.

 (A) Scheduling. Unless
the parties agree or the court orders otherwise, the plaintiff is responsible
for designating the time and place of each conference.

 (B) Content. At
each conference, the parties must do the following:

 (i) consider the nature and
basis of their claims and defenses;

 (ii) consider the
possibilities for a prompt settlement or resolution of the case;

 (iii) make or arrange for the
disclosures required by Rule 16.1(a)(1);

 (iv) disclose the name of
each relevant medical provider for each person whose injury is in issue and
provide an appropriate signed medical authorization to obtain medical records
from each provider, unless an authorization has been given under Rule
16.1(a)(1)(A)(iii);

 (v) discuss any issues about
preserving and producing discoverable information, including electronically
stored information;

 (vi) discuss any issues
concerning disclosure of trade secrets or other confidential information and
whether the parties agree on the need for and form of a confidentiality order
or if a motion for a protective order under Rule 26(c) will be necessary to
resolve such issues; and

 (vii) develop a proposed
discovery plan under Rule 16.1(b)(4)(C).

 (C) Discovery Plan. The
discovery plan must state the parties’ views and proposals on:

 (i) what changes should be
made in the timing, form, or requirement for disclosures under Rule 16.1(a),
including a statement as to when disclosures under Rule 16.1(a)(1) were made or
will be made;

 (ii) the subjects on which
discovery may be needed, when discovery should be completed, and whether
discovery should be conducted in phases or be limited to or focused on
particular issues;

 (iii) any issues about
disclosure, discovery, or preservation of electronically stored information,
including the form or forms in which it should be produced;

 (iv) any issues about claims
of privilege or of protection as trial-preparation materials, including—if the
parties agree on a procedure to assert these claims after production—whether to
ask the court to include their agreement in an order;

 (v) what changes should be
made in the limitations on discovery imposed under these rules and what other
limitations should be imposed;

 (vi) any other orders that
should be entered by the court under Rule 26(c) or under Rule 16(b) and (c);
and

 (vii) an estimated time for
trial.

 (c) Case Conference Report.

 (1) In General.

 (A) Joint or Individual Report. Within
30 days after each case conference, the parties must file a joint case
conference report, or if the parties are unable to agree upon the contents of a
joint report, each party must serve and file an individual case conference
report.

 (B) After Supplemental Case
Conference. After a supplemental case conference, the parties
must supplement, but need not repeat, the contents of former reports.
Notwithstanding the filing of a supplemental case conference report, deadlines
set forth in an existing scheduling order remain in effect unless the court
modifies the discovery deadlines.

 (C) After Court-Annexed
Arbitration. Unless otherwise ordered by the court, parties to
any case in which a timely request for a trial de novo is filed after
arbitration need not hold a further in-person conference, but must file a joint
case conference report within 60 days from the date that the request for trial
de novo is filed. The report must be prepared by the party filing the request
for the trial de novo, unless otherwise stipulated or ordered.

 (2) Content. Whether a
case conference report is filed jointly or individually, it must contain:

 (A) a brief description of the
nature of the action and each claim for relief or defense;

 (B) a brief statement of whether the
parties did or did not consider settlement and whether settlement of the case
may be possible;

 (C) a proposed plan and schedule of
any additional discovery under Rule 16.1(b)(4)(C);

 (D) a written list of names
exchanged under Rule 16.1(a)(1)(A)(i);

 (E) a written list of all documents
provided at or as a result of the case conference under Rule 16.1(a)(1)(A)(ii);

 (F) a written list of the medical
providers identified under Rule 16.1(a)(1)(A)(iii);

 (G) a statement of the damages
computations disclosed under Rule 16.1(a)(1)(A)(iv);

 (H) a written list of the insurance
agreements disclosed under Rule 16.1(a)(1)(A)(v);

 (I) a written list of experts
disclosed under Rule 16.1(a)(2), and a statement indicating whether the
identified experts will provide or have provided expert reports;

 (J) a statement identifying any
issues about preserving discoverable information;

 (K) a statement identifying any
issues about trade secrets or other confidential information, and whether the
parties have agreed upon a confidentiality order or whether a Rule 26(c) motion
for a protective order will be made;

 (L) a calendar date on which
discovery will close;

 (M) a calendar date, not later than
90 days before the close of discovery, beyond which the parties are precluded
from filing motions to amend the pleadings or to add parties unless by court
order;

 (N) a calendar date by which the
parties will make expert disclosures under Rule 16.1(a)(2), with initial
disclosures to be made not later than 90 days before the discovery cut-off date
and rebuttal disclosures to be made not later than 30 days after the initial
disclosure of experts;

 (O) a calendar date, not later than
30 days after the discovery cut-off date, by which dispositive motions must be
filed;

 (P) an estimate of the time required
for trial; and

 (Q) a statement as to whether a jury
demand has been filed.

 (3) Objections. Within
7 days after service of any case conference report, any other party may file a
response in which it objects to all or a part of the report or adds any other
matter that is necessary to properly reflect the proceedings that occurred at
the case conference.

 (d) Automatic Referral of Discovery Disputes. Where
available or unless otherwise ordered by the court, all discovery disputes
(except those presented at the pretrial conference or trial) must first be
heard by the discovery commissioner under Rule 16.3.

 (e) Failure or Refusal to Participate in
Pretrial Discovery; Sanctions.

 (1) Untimely Case Conference. If
the conference described in Rule 16.1(b) is not held within 180 days after
service of an answer by a defendant, the court, on motion or on its own, may
dismiss the case as to that defendant, without prejudice, unless there are
compelling and extraordinary circumstances for a continuance beyond this
period. This provision does not apply to a defendant who serves its answer
after the first case conference, unless a party has served a written request
for a supplemental conference in accordance with Rule 16.1(b)(2)(A).

 (2) Untimely Case Conference Report. If
the plaintiff does not file a case conference report within 240 days after
service of an answer by a defendant, the court, on motion or on its own, may
dismiss the case as to that defendant, without prejudice. This provision does
not apply to a defendant who serves its answer after the first case conference,
unless a party has served a written request for a supplemental conference in
accordance with Rule 16.1(b)(2)(A).

 (3) Other Grounds for Sanctions. If
an attorney fails to reasonably comply with any provision of this rule, or if
an attorney or a party fails to comply with an order entered under Rule 16.3,
the court, on motion or on its own, should impose upon a party or a party’s
attorney, or both, appropriate sanctions in regard to the failure(s) as are
just, including the following:

 (A) any of the sanctions available
under Rules 37(b) and 37(f); or

 (B) an order prohibiting the use of
any witness, document, or tangible thing that should have been disclosed,
produced, exhibited, or exchanged under Rule 16.1(a).

 (f) Complex Litigation. In a
potentially difficult or protracted action that may involve complex issues,
multiple parties, difficult legal questions, or unusual proof problems, the
court may, upon motion and for good cause shown, waive any or all of the
requirements of this rule. If the court waives all the requirements of this
rule, it must also order a conference under Rule 16 to be conducted by the
court.

 (g) Self-Represented Litigants. The
requirements of this rule apply to any self-represented party.

 [Amended; effective March 1, 2019.]

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.