Nevada Revised Statutes

Nev. R. Civ. P. 3 (2026)

Rule 3. (A) of the Nevada

✓ current as of July 2026

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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);

(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).

(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.

(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;

(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.]

Rule

16.2

Mandatory Prejudgment Discovery Requirements in Family Law Actions (Not Including Paternity or Custody Actions Between Unmarried Persons)

(a) Applicability. This rule replaces Rule 16.1 in all divorce, annulment, separate maintenance, and dissolution of domestic partnership actions. Nothing in this rule precludes a party from conducting discovery under any other of these rules.

(b) Exemptions.

(1) Either party may file a motion for exemption from all or a part of this rule.

(2) The court may, sua sponte at the case management conference, exempt all or any portion of a case from application of this rule, in whole or in part, upon a finding of good cause, so long as the exemption is contained in an order of the court. Without limiting the foregoing, good cause may include any case where the parties have negligible assets and debts together with no minor children of the parties.

(1) General Financial Disclosure Form. In all actions governed by this rule, each party must complete, file, and serve a General Financial Disclosure Form (GFDF), Form 4 in the Appendix of Forms, within 30 days of service of the summons and complaint, unless a Detailed Financial Disclosure Form (DFDF), Form 5 in the Appendix of Forms, is required in accordance with Rule 16.2(c)(2) or the court orders the parties, at the case management conference, to complete the DFDF.

(2) Detailed Financial Disclosure Form.

(A) The plaintiff, concurrently with the filing of the complaint, or the defendant, concurrently with the filing of the answer, but no later than 14 days after the filing of the answer, may file a Request to Opt-in to Detailed Financial Disclosure Form and Complex Litigation Procedure, Form 6 in the Appendix of Forms, certifying that:

(i) either party’s individual gross income, or the combined gross income of the parties, is more than $250,000 per year; or

(ii) either party is self-employed or the owner, partner, managing or majority shareholder, or managing or majority member of a business; or

(iii) the combined gross value of the assets owned by either party individually or in combination is more than $1,000,000.

(B) Within 45 days of service of a Request to Opt-in, each party must file the DFDF unless otherwise ordered by the court or stipulated by the parties.

(C) If a Request to Opt-in is filed, the case is subject to the following complex divorce litigation procedure. Each party must prepare a complex divorce litigation plan that must be filed and served as part of the early case conference report. The plan must include, in addition to the requirements of Rule 16.2(j), any and all proposals concerning the time, manner, and place for needed discovery, proposed conferences and anticipated hearings with the court, and any other special arrangements focused on prompt settlement, trial, or resolution of the case.

(d) Mandatory Initial Disclosures.

(1) Initial Disclosure Requirements.

(A) Concurrently with the filing of the financial disclosure form, each party must, without awaiting a discovery request, serve upon the other party written and signed disclosures containing the information listed in Rule 16.2(d)(2) and (3).

(B) A party must make these initial disclosures based on the information then reasonably available to that party and is not excused from making the disclosures because:

(i) the party has not fully completed an investigation of the case;

(ii) the party challenges the sufficiency of another party’s disclosures; or

(iii) another party has not made the required disclosures.

(C) For each item set forth in Rule 16.2(d)(3), if the disclosing party is not in possession of the documents, the disclosing party must identify each such asset or debt that exists and disclose where information pertaining to each asset or debt may be found. If no such asset or debt exists, the disclosing party must specifically so state.

(2) Evidence Supporting Financial Disclosure Form. For each line item on the GFDF or DFDF, if not already evidenced by the other initial disclosures required herein, a party must provide the financial statement(s), document(s), receipt(s), or other information or evidence relied upon to support the figure represented on the form. If no documentary evidence exists, a party must provide an explanation in writing of how the figure was calculated.

(3) Evidence of Property, Income, and Earnings as to Both Parties.

(A) Bank and Investment Statements. A party must provide copies of all monthly or periodic bank, checking, savings, brokerage, investment, cryptocurrency, and security account statements in which any party has or had an interest for the period commencing 6 months before the service of the summons and complaint through the date of the disclosure.

(B) Credit Card and Debt Statements. A party must provide copies of credit card statements and debt statements for all parties for all months for the period commencing 6 months before the service of the summons and complaint through the date of disclosure.

(C) Real Property. A party must provide copies of all deeds, deeds of trust, purchase agreements, escrow documents, settlement sheets, and all other documents that disclose the ownership, legal description, purchase price, and encumbrances of all real property owned by any party.

(D) Property Debts. A party must provide copies of all monthly or periodic statements and documents showing the balances owing on all mortgages, notes, liens, and encumbrances outstanding against all real property and personal property in which the party has or had an interest for the period commencing 6 months before the service of the summons and complaint through the date of the disclosure; or if no monthly or quarterly statements are available during this time period, the most recent statements or documents that disclose the information.

(E) Loan Applications. A party must provide copies of all loan applications that a party has signed within 12 months before the service of the summons and complaint through the date of the disclosure.

(F) Promissory Notes. A party must provide copies of all promissory notes under which a party either owes money or is entitled to receive money.

(G) Deposits. A party must provide copies of all documents evidencing money held in escrow or by individuals or entities for the benefit of either party.

(H) Receivables. A party must provide copies of all documents evidencing loans or monies due to either party from individuals or entities.

(I) Retirement and Other Assets. A party must provide copies of all monthly or periodic statements and documents showing the value of all pension, retirement, stock option, and annuity balances, including individual retirement accounts, 401(k) accounts, and all other retirement and employee benefits and accounts in which any party has or had an interest for the period commencing 6 months before the service of the summons and complaint through the date of the disclosure; or if no monthly or quarterly statements are available during this time period, the most recent statements or documents that disclose the information.

(J) Insurance. A party must provide copies of all monthly or periodic statements and documents showing the cash surrender value, face value, and premiums charged for all life insurance policies in which any party has or had an interest for the period commencing 6 months before the service of the summons and complaint through the date of the disclosure; or if no monthly or quarterly statements are available during this time period, the most recent statements or documents that disclose the information.

(K) Insurance Policies. A party must provide copies of all policy statements and evidence of costs of premiums for health and life insurance policies covering either party or any child of the relationship.

(L) Values. A party must provide copies of all documents that may assist in identifying or valuing any item of real or personal property in which any party has or had an interest for the period commencing 6 months before the service of the summons and complaint through the date of the disclosure, including any documents that the party may rely upon in placing a value on any item of real or personal property (i.e., appraisals, estimates, or official value guides).

(M) Tax Returns. A party must provide copies of all personal and business tax returns, balance sheets, profit and loss statements, and all documents that may assist in identifying or valuing any business or business interest for the last 5 completed calendar or fiscal years with respect to any business or entity in which any party has or had an interest within the past 12 months.

(N) Proof of Income. A party must provide proof of income of the party from all sources, specifically including W-2, 1099, and K-1 forms, for the past 2 completed calendar years, and year-to-date income information (paycheck stubs, etc.) for the period commencing 6 months before the service of the summons and complaint through the date of the disclosure.

(O) Personalty. A party must provide a list of all items of personal property with an individual value exceeding $200, including, but not limited to, household furniture, furnishings, antiques, artwork, vehicles, jewelry, coins, stamp collections, and similar items in which any party has an interest, together with the party’s estimate of current fair market value (not replacement value) for each item.

(P) Exhibits. A party must provide a copy of every other document or exhibit, including summaries of other evidence, that a party expects to offer as evidence at trial in any manner.

(e) Additional Discovery and Disclosures.

(1) Obtaining Discovery. Any party may obtain discovery by one or more methods provided in Rules 26 through 36, commencing 30 days after service of the summons and complaint.

(2) Additional Discovery. Nothing in the minimum requirements of this rule provides a basis for objecting to relevant additional discovery in accordance with these rules.

(3) Disclosure of Expert Witness and Testimony.

(A) A party must disclose the identity of any person who may be used at trial to present evidence under NRS 50.275 , 50.285 , and 50.305 . These disclosures must be made within 90 days after the initial financial disclosure form is required to be filed and served under Rule 16.2(c) or, if the evidence is intended solely to contradict or rebut evidence on the same subject matter identified by another party, within 21 days after the disclosure made by the other party. The parties must supplement these disclosures when required under Rule 26(e)(1).

(B) Except as otherwise stipulated or directed by the court, a party who retains or specially employs a witness to provide expert testimony in the case, or whose duties as an employee of the party regularly involve giving expert testimony, must deliver to the opposing party a written report prepared and signed by the witness within 60 days of the close of discovery. The court, upon good cause shown or by stipulation of the parties, may extend the deadline for exchange of the expert reports or relieve a party of the duty to prepare a written report in an appropriate case. The report must contain a complete statement of all opinions to be expressed and the basis and reasons therefor, the data or other information considered by the witness in forming the opinions, any exhibits to be used as a summary of or support for the opinions, and the qualifications of the witness.

(4) Nonexpert Witness. A party must disclose the name and, if known, the address and telephone number of each individual who has information or knowledge relevant to the value of assets or debts or to the claims or defenses set forth in the pleadings, or who may be called as a witness, at any stage of the proceedings, including for impeachment or rebuttal, identifying the subjects of the information and a brief description of the testimony for which the individual may be called. Absent a court order or written stipulation of the parties, a party must not be allowed to call a witness at trial who has not been disclosed at least 45 days before trial.

(5) Authorizations for Discovery. If a party believes it necessary to obtain information within the categories under Rule 16.2(d)(3) from an individual or entity not a party to the action, the party seeking the information may present to the other party a form of authorization, permitting release, disclosure, and production of the information. The party who was requested to sign the authorization must do so within 14 days of receipt of the authorization form. If the party who was requested to sign the authorization refuses to sign the authorization without good cause, a motion to compel may be filed. If the court or discovery commissioner finds that the objecting party is without legitimate factual or legal objection to the signing of the authorization, a motion to compel must be granted and the objecting party must be made to pay reasonable attorney fees and costs.

(f) Continuing Duty to Supplement and Disclose. The duty described in this rule is a continuing duty, and each party must make additional or amended disclosures whenever new or different information is discovered or revealed. Such additional or amended disclosures, including corrections to a party’s financial disclosure form, must be made not more than 14 days after the party acquires additional information or otherwise learns that in some material respect the party’s disclosure is incomplete or incorrect. However, if a hearing, deposition, case management conference, or other calendared event is scheduled less than 14 days from the discovery date, then the update must be filed and served within 24 hours of the discovery of new information.

(g) Failure to File or Serve Financial Disclosure Form or to Produce Required Disclosures.

(1) If a party fails to timely file or serve the appropriate financial disclosure form required by this rule, or the required information and disclosures under this rule, the court must impose an appropriate sanction upon the party, the party’s attorney, or both, unless specific affirmative findings of fact are made that the violating party has proven:

(A) either good cause for the failure by a preponderance of the evidence or that the violating party would experience an undue hardship if the penalty is applied; and

(B) that other means fully compensate the nonviolating party for any losses, delays, and expenses suffered as a result of the violation.

(2) Sanctions may include an order finding the violating party in civil contempt of court, an order requiring the violating party to timely file and serve the disclosures, to pay the opposing party’s reasonable expenses, including attorney fees and costs incurred as a result of the failure, and any other sanction the court deems just and proper.

(3) Sanctions may additionally include an order refusing to allow the violating party to support or oppose designated claims or defenses, or prohibiting that party from introducing designated matters in evidence, and/or any other sanction the court deems just and proper. These discretionary sanctions are encouraged for repeat or egregious violations.

(h) Failure to Include an Asset or Liability or Accurately Report Income.

(1) If a party intentionally fails to disclose a material asset or liability or to accurately report income, the court must impose an appropriate sanction upon the party or the party’s attorney, or both, if the other party establishes by a preponderance of the evidence that there is not good cause for the failure.

(2) Sanctions may include an order finding the violating party in civil contempt of court, an award of reasonable attorney fees and costs to the nonviolating party, and any other sanction the court deems just and proper.

(3) Sanctions may include an order awarding the omitted asset to the opposing party as his or her separate property or making another form of unequal division of community property, and/or any other sanction the court deems just and proper. These discretionary sanctions are encouraged for repeat or egregious violations.

(i) Objections to Authenticity or Genuineness. Any objection to the authenticity or genuineness of documents must be made in writing within 21 days of the date the receiving party receives them. Absent such an objection, the documents must be presumed authentic and genuine and may not be excluded from evidence on these grounds.

(j) Case Management Conferences.

(1) Attendance at Early Case Conference. Within 45 days after service of an answer, the parties and the attorneys for the parties must confer for the purpose of complying with Rule 16.2(d). The plaintiff may designate the time and place of each meeting, which must be held in the county where the action was filed, unless the parties agree upon a different location. The parties may submit a stipulation and order to continue the time for the case conference for an additional period of not more than 60 days, which the court may, for good cause shown, enter. Absent compelling and extraordinary circumstances, neither the court nor the parties may extend the time to a day more than 90 days after service of the answer. The time for holding a case conference with respect to a defendant who has filed a motion under Rule 12(b)(2)-(4) is tolled until entry of an order denying the motion.

(2) Early Case Conference Report. Within 14 days after each case conference, but not later than 7 days before the scheduled case management conference, the parties must file a joint early 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 early case conference report, which, either as a joint or individual report, must contain:

(A) a statement of jurisdiction;

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

(C) if custody is at issue in the case, a proposed custodial timeshare and a proposed holiday, special day, and vacation schedule;

(D) a written list of all documents provided at or as a result of the case conference, together with any objection that the document is not authentic or genuine. The failure to state any objection to the authenticity or genuineness of a document constitutes a waiver of such objection at a subsequent hearing or trial. For good cause, the court may permit the withdrawal of a waiver and the assertion of an objection;

(E) a written list of all documents not provided under Rule 16.2(d), together with the explanation as to why each document was not provided;

(F) for each issue in the case, a statement of what information and/or documents are needed, along with a proposed plan and schedule of any additional discovery;

(G) a list of the property (including pets, vehicles, real estate, retirement accounts, pensions, etc.) that each litigant seeks to be awarded in this action;

(H) the list of witnesses exchanged in accordance with Rule 16.2(e)(3) and (4);

(I) identification of each specific issue preventing immediate global resolution of the case along with a description of what action is necessary to resolve each issue identified;

(J) a litigation budget; and

(K) proposed trial dates.

(3) Attendance at Case Management Conference. The court must conduct a case management conference with counsel and the parties within 90 days after the filing of the answer. The court, for good cause shown, may continue the time for the case management conference. Absent compelling and extraordinary circumstances, neither the court nor the parties may extend the time to a day more than 120 days after filing of the answer.

(A) At the case management conference, the court, counsel, and the parties must:

(i) confer and consider the nature and basis of the claims and defenses, the possibilities for a prompt settlement or resolution of the case, and whether orders should be entered setting the case for settlement conference and/or for trial;

(ii) make or arrange for the disclosures required under this rule and to develop a discovery plan, which may include limitations on discovery or changes in the timing of discovery requirements required in this rule; and

(iii) recite stipulated terms on the record under local rules.

(B) The court should also:

(i) enter interim orders sufficient to keep the peace and allow the case to progress;

(ii) for matters that are claimed to be in contest, give direction as to which party will have which burden of proof;

(iii) discuss the litigation budget and its funding; and

(iv) enter a scheduling order.

(C) In the event a party fails to attend the case management conference and the court believes that some or any actions cannot be taken in the absence of the missing party, the court must reschedule the case management conference and may order the nonappearing party to pay the complying party’s attorney fees incurred to appear at the case management conference.

(4) Case Management Order.

(A) Within 30 days after the case management conference, the court must enter an order that contains:

(i) a brief description of the nature of the action;

(ii) the stipulations of the parties, if any;

(iii) any interim orders made by the court, including those pertaining to discovery and burdens of proof;

(iv) any changes to the timelines of this rule as stipulated by the parties and/or ordered by the court;

(v) a deadline on which discovery will close;

(vi) a deadline beyond which the parties will be precluded from filing motions to amend the pleadings or to add parties unless by court order;

(vii) a deadline by which dispositive motions must be filed; and

(viii) any other orders the court deems necessary during the pendency of the action, including interim custody, child support, maintenance, and NRS 125.040 orders.

(B) If the court orders one of the parties to prepare the foregoing case management order, that party must submit the order to the other party for signature within 14 days after the case management conference. The order must be submitted to the court for entry within 21 days after the case management conference.

(k) Automatic Referral of Discovery Disputes. Where available and unless otherwise directed by the court, all discovery disputes made upon written motion must first be heard by the discovery commissioner under Rule 16.3.

[Amended; effective March 1, 2019.]

Rule

16.205

Mandatory Prejudgment Discovery Requirements in Paternity or Custody Actions Between Unmarried Persons

(a) Applicability. This rule replaces Rules 16.1 and 16.2 in all paternity and custody actions between unmarried parties. Nothing in this rule precludes a party from conducting discovery under any other of these rules.

(b) Exemptions.

(1) Either party may file a motion for exemption from all or a part of this rule.

(1) General Financial Disclosure Form. In all actions governed by this rule, each party must complete, file, and serve the cover sheet, income schedule and expense schedule of the General Financial Disclosure Form (GFDF), Form 4 in the Appendix of Forms, within 30 days of service of the summons and complaint, unless a Detailed Financial Disclosure Form (DFDF), Form 5 in the Appendix of Forms, is required in accordance with Rule 16.205(c)(2) or the court orders the parties at the case management conference to complete the DFDF.

(2) Detailed Financial Disclosure Form.

(i) either party’s individual gross income, or the combined gross income of the parties, is more than $250,000 per year; or

(ii) either party is self-employed or the owner, partner, managing or majority shareholder, or managing or majority member of a business.

(B) Within 45 days of service of a Request to Opt-in, each party must file the DFDF unless otherwise ordered by the court or stipulated by the parties.

(C) If a Request to Opt-in is filed, the case is subject to the following complex divorce litigation procedure. Each party must prepare a complex divorce litigation plan that must be filed and served as part of the early case conference report. The plan must include, in addition to the requirements of Rule 16.205(j), any and all proposals concerning the time, manner, and place for needed discovery, proposed conferences and anticipated hearings with the court, and any other special arrangements focused on prompt settlement, trial, or resolution of the case.

(d) Mandatory Initial Disclosures.

(1) Initial Disclosure Requirements.

(B) A party must make these initial disclosures based on the information then reasonably available to that party and is not excused from making the disclosures because:

(i) the party has not fully completed an investigation of the case;

(ii) the party challenges the sufficiency of another party’s disclosures; or

(iii) another party has not made the required disclosures.

(C) For each item set forth in Rule 16.205(d)(3), if the disclosing party is not in possession of the documents, the disclosing party must identify each such asset or debt that exists and disclose where information pertaining to each asset or debt may be found. If no such asset or debt exists, the disclosing party must specifically so state.

(3) Evidence of Income and Earnings as to Both Parties.

(A) Bank, Investment, and Other Periodic Statements. A party must provide copies of all monthly or periodic bank, checking, savings, brokerage, investment, cryptocurrency, security account, or other statements evidencing income from interest, dividends, royalties, distributions, or any other income for the period commencing 6 months before the service of the summons and complaint through the date of the disclosure.

(B) Insurance Policies. A party must provide copies of all policy statements and evidence of costs of premiums for health and life insurance policies covering either party or any child of the relationship.

(C) Tax Returns. A party must provide copies of all personal and business tax returns, balance sheets, profit and loss statements, and all documents that may assist in identifying or valuing any business or business interest for the last 3 completed calendar or fiscal years with respect to any business or entity in which any party has or had an interest within the past 12 months.

(D) Proof of Income. A party must provide proof of income of the party from all sources, specifically including W-2, 1099, and K-1 forms, for the past 2 completed calendar years, and year-to-date income information (paycheck stubs, etc.) for the period commencing 6 months before the service of the summons and complaint through the date of the disclosure.

(E) Exhibits. A party must provide a copy of every other document or exhibit, including summaries of other evidence, that a party expects to offer as evidence at trial in any manner.

(e) Additional Discovery and Disclosures.

(1) Obtaining Discovery. Any party may obtain discovery by one or more methods provided in Rules 26 through 36, commencing 30 days after service of the summons and complaint.

(2) Additional Discovery. Nothing in the minimum requirements of this rule provides a basis for objecting to relevant additional discovery in accordance with these rules.

(3) Disclosure of Expert Witness and Testimony.

(A) A party must disclose the identity of any person who may be used at trial to present evidence under NRS 50.275 , 50.285 , and 50.305 . These disclosures must be made within 90 days after the initial financial disclosure form is required to be filed and served under Rule 16.205(c) or, if the evidence is intended solely to contradict or rebut evidence on the same subject matter identified by another party, within 21 days after the disclosure made by the other party. The parties must supplement these disclosures when required under Rule 26(e)(1).

(4) Nonexpert Witness. A party must disclose the name and, if known, the address and telephone number of each individual who has information or knowledge relevant to the claims or defenses set forth in the pleadings, or who may be called as a witness, at any stage of the proceedings, including for impeachment or rebuttal, identifying the subjects of the information and a brief description of the testimony for which the individual may be called. Absent a court order or written stipulation of the parties, a party must not be allowed to call a witness at trial who has not been disclosed at least 45 days before trial.

(5) Authorizations for Discovery. If a party believes it necessary to obtain information within the categories under Rule 16.205(d)(3) from an individual or entity not a party to the action, the party seeking the information may present to the other party a form of authorization, permitting release, disclosure, and production of the information. The party who was requested to sign the authorization must do so within 14 days of receipt of the authorization form. If the party who was requested to sign the authorization refuses to sign the authorization without good cause, a motion to compel may be filed. If the court or discovery commissioner finds that the objecting party is without legitimate factual or legal objection to the signing of the authorization, a motion to compel must be granted and the objecting party must be made to pay reasonable attorney fees and costs.

(g) Failure to File or Serve Financial Disclosure Form or to Produce Required Disclosures.

(A) either good cause for the failure by a preponderance of the evidence or that the violating party would experience an undue hardship if the penalty is applied; and

(B) that other means fully compensate the nonviolating party for any losses, delays, and expenses suffered as a result of the violation.

(h) Failure to Accurately Report Income.

(1) If a party intentionally fails to accurately report income, the court must impose an appropriate sanction upon the party or the party’s attorney, or both, if the other party establishes by a preponderance of the evidence that there is not good cause for the failure.

(3) These discretionary sanctions are encouraged for repeat or egregious violations.

(j) Case Management Conferences.

(1) Attendance at Early Case Conference. Within 45 days after service of an answer, the parties and the attorneys for the parties must confer for the purpose of complying with Rule 16.205(d). The plaintiff may designate the time and place of each meeting, which must be held in the county where the action was filed, unless the parties agree upon a different location. The parties may submit a stipulation and order to continue the time for the case conference for an additional period of not more than 60 days, which the court may, for good cause shown, enter. Absent compelling and extraordinary circumstances, neither the court nor the parties may extend the time to a day more than 90 days after service of the answer. The time for holding a case conference with respect to a defendant who has filed a motion under Rule 12(b)(2)-(4) is tolled until entry of an order denying the motion.

(A) a statement of jurisdiction;

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

(E) a written list of all documents not provided under Rule 16.205(d), together with the explanation as to why each document was not provided;

(F) for each issue in the case, a statement of what information and/or documents are needed, along with a proposed plan and schedule of any additional discovery;

(G) the list of witnesses exchanged in accordance with Rule 16.205(e)(3) and (4);

(H) identification of each specific issue preventing immediate global resolution of the case along with a description of what action is necessary to resolve each issue identified;

(I) a litigation budget; and

(J) proposed trial dates.

(A) At the case management conference, the court, counsel, and the parties must:

(iii) recite stipulated terms on the record under local rules.

(B) The court should also:

(i) enter interim orders sufficient to keep the peace and allow the case to progress;

(ii) for matters that are claimed to be in contest, give direction as to which party will have which burden of proof;

(iii) discuss the litigation budget and its funding; and

(iv) enter a scheduling order.

(4) Case Management Order.

(A) Within 30 days after the case management conference, the court must enter an order that contains:

(i) a brief description of the nature of the action;

(ii) the stipulations of the parties, if any;

(iii) any interim orders made by the court, including those pertaining to discovery and burdens of proof;

(iv) any changes to the timelines of this rule as stipulated by the parties and/or ordered by the court;

(v) a deadline on which discovery will close;

(vi) a deadline beyond which the parties will be precluded from filing motions to amend the pleadings or to add parties unless by court order;

(vii) a deadline by which dispositive motions must be filed; and

(viii) any other orders the court deems necessary during the pendency of the action, including interim custody and child support orders.

[Amended; effective March 1, 2019.]

Rule

16.21

Postjudgment Discovery in Family Law Actions

(a) Except as provided by this rule, parties must not conduct postjudgment discovery in a family law action.

(b) Parties may conduct postjudgment discovery in family law actions when:

(1) the court orders an evidentiary hearing in a postjudgment custody matter; or

(2) on motion or on its own, the court, for good cause, orders postjudgment discovery.

(c) Postjudgment discovery is governed by Rule 16.2, by Rule 16.205 for paternity or custody matters, or as otherwise directed by the court.

[Amended; effective March 1, 2019.]

Rule

16.215

Child Witnesses in Custody Proceedings

(a) In General. The court must use these procedures and considerations in child custody proceedings. When determining the scope of a child’s participation in custody proceedings, the court should find a balance between protecting the child, the statutory duty to consider the wishes of the child, and the probative value of the child’s input while ensuring to all parties their due process rights to challenge evidence relied upon by the court in making custody decisions.

(b) Definitions.

(1) “Alternative Method.” As used in this rule, “alternative method” is defined as prescribed in NRS 50.520 .

(2) “Child Witness.” As used in this rule, “child witness” is defined as prescribed in NRS 50.530 .

(3) “Third-Party Outsourced Provider.” As used in this rule, “third-party outsourced provider” means any third party ordered by the court to interview or examine a child outside of the presence of the court for the purpose of eliciting information from the child for the court.

(1) Identifying Witnesses. A party must identify and disclose any potential child witness whom the party intends to call as a witness during the case:

(A) at the time of the case management conference/early case evaluation; or

(B) by filing a Notice of Child Witness if the determination to call a child witness is made after the case management conference/early case evaluation.

(2) Notice of Child Witness. A notice of child witness must be filed no later than 60 days before the hearing in which a child may be called as a witness unless otherwise ordered by the court. Such notice must detail the scope of the child witness’s intended testimony and provide an explanation as to why the child witness’s testimony would aid the trier of fact under the circumstances of the case. Any party filing a notice of child witness must also deliver a courtesy copy of the notice to the court.

(3) Testimony by Alternative Methods. If a party desires to perpetuate the testimony of a child witness by an alternative method, the party must file a Motion to Permit Child Testimony by Alternative Methods, under the Uniform Child Witness Testimony by Alternative Methods Act contained in NRS 50.500

et seq ., at the same time as the notice of child witness, or no later than 60 days before the hearing in which the child witness may be called to testify or 14 days after the timely filing of a notice of child witness, whichever period last expires, unless otherwise ordered by the court. The court may also issue an order to show cause why a child witness should not testify by an alternative method or address the issue at any case management conference.

(d) Alternative Methods.

(1) Available Alternative Methods. If the court determines under NRS 50.580

that an alternative method of testimony is necessary, the court must consider the following alternative methods, in addition to any other alternative methods the court considers appropriate under the Uniform Child Witness Testimony by Alternative Methods Act contained in NRS 50.500

et seq .

(A) If all parties are represented by counsel, the court may:

(i) interview the child witness outside of the presence of the parties, with the parties’ counsel present;

(ii) interview the child witness outside of the presence of the parties, with the parties’ counsel simultaneously viewing the interview via an electronic method; or

(iii) allow the parties’ counsel to question the child witness in the presence of the court without the parties present.

(B) Regardless of whether the parties are represented by counsel, the court may:

(i) interview the child witness with no parties present, but allow the parties to simultaneously view the interview via an electronic method if the court determines that the viewing is not contrary to the child’s best interest; or

(ii) have the child witness interviewed by a third-party outsourced provider.

(2) Alternative Method Considerations. In determining which alternative method should be utilized in any particular case, the court should balance the necessity of taking the child witness’s testimony in the courtroom with the parties and attorneys present with the need to create an environment in which the child witness can be open and honest. In each case in which a child witness’s testimony will be taken, the court should consider:

(A) where the testimony will be taken, including the possibility of closing the courtroom to the public or hearing from the child witness on the record in chambers;

(B) who should be present when the testimony is taken, such as both parties and their attorneys, only the attorneys when both parties are represented by counsel, the child witness’s attorney and the parties, or only a court reporter;

(C) how the child witness will be questioned, including whether only the court will pose questions that the parties have submitted, whether the parties or their attorneys will be permitted to cross-examine the child witness, or whether a child advocate or expert in child development will ask the questions in the presence of the court and the court reporter, with or without the parties or their attorneys; and

(D) whether it will be possible to provide an electronic method so that testimony taken in chambers may be heard simultaneously by the parties and their attorneys in the courtroom.

(3) Protections for Child Witness. In taking testimony from a child witness, the court must take special care to protect the child witness from harassment or embarrassment and to restrict the unnecessary repetition of questions. The interviewer must also take special care to ensure that questions are stated in a form that is appropriate given the child witness’s age or cognitive level. The interviewer must inform the child witness in an age-appropriate manner about the limitations on confidentiality and that the information provided to the court will be on the record and provided to the parties in the case. In the process of listening to and inviting the child witness’s input, the interviewer may allow, but should not require, the child witness to state a preference regarding custody or visitation and should, in an age-appropriate manner, provide information about the process by which the court will make a decision.

(e) Due Process Rights. Any alternative method must afford all parties a right to participate in the questioning of the child witness, which, at a minimum, must include an opportunity to submit potential questions or areas of inquiry to the court or other interviewer before the interview of the child witness.

(f) Preservation of Record. Any alternative method of testimony ordered by the court must be preserved by audio or audiovisual recording to ensure that such testimony is available for review for future proceedings.

(g) Review of Record. Any party may review the audio or audiovisual recording of testimony procured from a child witness by an alternative method upon written motion to the court or stipulation of the parties, unless the court finds by clear and convincing evidence that review by a party would pose a risk of substantial harm to the child witness.

(h) Stipulation. The court may deviate from any of the provisions of this rule upon stipulation of the parties. The judicial districts of this state should promulgate a uniform canvass to be provided to the parties to ensure that they are aware of their rights to a full and fair opportunity for examination or cross-examination of a child witness before entering into any stipulation that would permit the interview or examination of a child witness by an alternative method, including a third-party outsourced provider.

(i) Retention of Recordings. Original recordings of an interview or examination of a child witness must be retained by the interviewer for a period of 7 years from the date of their recording, or until 6 months after the child witness emancipates, whichever is later, unless otherwise ordered by the court.

[Amended; effective March 1, 2019.]

Rule

16.22

Custody Evaluations in Family Law Actions

(a) Applicability; Motion; Notice.

(1) This rule governs custody evaluations in family law actions.

(2) On motion or on its own, and after notice to all parties, the court may for good cause order a custody evaluation.

(3) The court may specify the individuals to be examined or permit the examiner to do so.

(b) Order.

(1) In General. The order must specify the time, place, manner, conditions, and scope of the examination, as well as each examiner who will perform it.

(2) Examiner; Location. An examiner must be suitably licensed or certified. The examination must take place in an appropriate professional setting and in the judicial district in which the case is pending, unless the court orders the examination to occur in a different location.

(3) Persons Examined. The court may require a party to produce for examination a person who is in the party’s custody or under the party’s legal control.

(4) Costs. The court may assign the cost of the examination to one or more parties and may redistribute those costs as appropriate.

(5) Modification. The court, for good cause, may alter the provisions of this rule.

(c) Recording. A custody evaluation may be recorded only by the examiner, who must inform the parties if the examiner elects to record the examination. The examiner must keep the recording confidential. On motion, and for good cause, the court may order that a copy of the recording be provided to the court and placed under seal, be provided to the parties subject to appropriate restrictions upon its release and use, or both.

(d) Observers. The parties may not have an observer present at a custody evaluation.

(e) Examiner’s Report.

(1) Providing the Report to the Court. The examiner must provide a custody evaluation report to the court, and the report must be placed under seal. The court must notify all parties when it receives the report. A party and the party’s attorney may review the report in court, but may not obtain a copy of the report except under Rules 16.22(e)(2) or (3).

(2) Providing the Report to the Parties’ Attorneys. A party’s attorney may obtain a copy of the report, which the attorney must keep confidential and may not distribute without a court order under Rule 16.22(e)(3). The party may review the report if it is obtained by the party’s attorney, but the report must remain in the attorney’s possession and the attorney must not provide a copy of the report to the party without a court order under Rule 16.22(e)(3).

(3) Distribution of the Report. On motion, and for good cause, the court may permit distribution of the report, which must include appropriate restrictions on its release and use.

(4) Contents. The report must be in writing and must set out in detail the examiner’s findings, including diagnoses, conclusions, and the results of any tests.

(5) Request by the Moving Party. After the examiner provides the report to the court, the party who moved for the examination may request—and is entitled to receive—from any party, like reports of all earlier or later examinations of the same condition, which are in the possession of that party. But those reports need not be delivered by a party with custody or control of the person examined if the party shows that it cannot obtain them. Any reports in the care or custody of a court, as specified in this rule, must be sought from that court. The grant of either review or receipt of those reports is subject to the court’s discretion and the conditions in this rule.

(6) Scope. This rule does not preclude obtaining an examiner’s report or deposing an examiner under other rules, unless excluded by this rule.

(f) Stipulations. The parties may, by stipulation approved by the court, agree upon the custody evaluation, the conditions or limitations of the evaluation, and the examiner. This rule applies to any examinations agreed to by stipulation, unless the court approves a stipulation stating otherwise.

[Added; effective March 1, 2019.]

Rule

16.23

Physical and Mental Examinations of Minors in Family Law Actions

(a) Applicability; Motion; Notice.

(1) This rule governs a physical or mental examination of a minor in family law actions.

(2) When ordering a physical or mental examination of a minor, the court may proceed under this rule or Rule 35. The court’s order must state the court’s reasoning for proceeding under either rule and must include findings as to the best interests of the child.

(3) Upon motion and after notice to all parties and, if the minor is 14 years of age or older, to the minor to be examined, a court may for good cause order an examination of a minor’s mental or physical condition.

(b) Order. The provisions of Rule 16.22(b) apply to orders under this rule.

(c) Recording. In a motion requesting an examination or an opposition thereto, the parties may request that an examination be recorded by audio or audiovisual means. When considering whether to approve a recording, the court may appoint a guardian ad litem for the minor, hold a hearing, or both. The court may grant a request to record the examination if making the recording is in the child’s best interest. Any recording must be provided to the court and placed under seal. On motion, and for good cause, the court may permit distribution of the recording, which must include appropriate restrictions on its release and use.

(d) Observers.

(1) In General. In a motion requesting an examination or an opposition thereto, the parties may request that an observer be present at the examination. When considering whether to approve a request for an observer, the court may appoint a guardian ad litem for the minor, hold a hearing, or both. The court may grant a request for an observer if the observer’s presence is in the child’s best interest and would not compromise the examination. The observer may not be a party, a party’s attorney, or anyone employed by a party or a party’s attorney. If the minor is of sufficient age and maturity, the court may consider the child’s preference in choosing the observer. The court must approve the observer before the examination, and the observer must not in any way interfere with, obstruct, or participate in the examination.

(2) Parents. If ordered by the court, the parents or guardian of a minor may observe a physical examination, but may not interfere with, obstruct, or participate in the examination.

(e) Examiner’s Report. The examiner’s report and access to it must comply with Rule 16.22(e)(1) and (3)-(6).

(f) Stipulations. Any stipulation for a minor’s examination must comply with Rule 16.22(f).

[Added; effective March 1, 2019.]

Rule

16.3

Discovery Commissioners

(a) Appointment and Compensation. A judicial district may appoint one or more discovery commissioners to serve at the pleasure of the court. In multi-judge judicial districts, appointment must be by the concurrence of a majority of all judges in the judicial district. The compensation of a discovery commissioner must not be taxed against the parties but, when fixed by the court, must be paid out of appropriations made for the expenses of the judicial district.

(b) Powers.

(1) A discovery commissioner may administer oaths and affirmations.

(2) As directed by the court, or as authorized by these rules or local rules, a discovery commissioner may:

(A) preside at discovery resolution conferences;

(B) preside over discovery motions;

(D) regulate all proceedings before the discovery commissioner; and

(E) take any other action necessary or proper for the efficient performance of the discovery commissioner’s duties.

(3) If agreed by the parties or ordered by the court, a discovery commissioner also may conduct settlement conferences.

(1) Report and Recommendation. After a discovery motion or other contested matter is heard by or submitted to a discovery commissioner, the discovery commissioner must prepare 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. The discovery commissioner must file the report with the court and serve a copy of it on each party.

(2) Objections. Within 14 days after being served with a report, any party may file and serve written objections to the recommendations. Written authorities may be filed with an objection but are not mandatory. If written authorities are filed, any other party may file and serve responding authorities within 7 days after being served with the objections.

(3) Review. Upon receipt of a discovery commissioner’s report, any objections, and any response, the court may:

(A) affirm, reverse, or modify the discovery commissioner’s ruling without a hearing;

(B) set the matter for a hearing; or

[Amended; effective March 1, 2019.]

IV. PARTIES

Rule

Plaintiff and Defendant; Capacity; Public Officers

(a) Real Party in Interest.

(1) Designation in General. An action must be prosecuted in the name of the real party in interest. The following may sue in their own names without joining the person for whose benefit the action is brought:

(A) an executor;

(B) an administrator;

(D) a bailee;

(E) a trustee of an express trust;

(F) a party with whom or in whose name a contract has been made for another’s benefit; and

(G) a party authorized by statute.

(2) Action in the Name of the State of Nevada for Another’s Use or Benefit. When a statute so provides, an action for another’s use or benefit must be brought in the name of the State.

(3) Joinder of the Real Party in Interest. The court may not dismiss an action for failure to prosecute in the name of the real party in interest until, after an objection, a reasonable time has been allowed for the real party in interest to ratify, join, or be substituted into the action. After ratification, joinder, or substitution, the action proceeds as if it had been originally commenced by the real party in interest.

(b) Capacity to Sue or Be Sued. Capacity to sue or be sued is determined as follows:

(1) for an individual, including one acting in a representative capacity, by the law of this state;

(2) for a corporation, by the law under which it was organized, unless the law of this state provides otherwise; and

(3) for all other parties, by the law of this state.

(1) With a Representative. The following representatives may sue or defend on behalf of a minor or an incapacitated person:

(A) a general guardian;

(B) a committee;

(D) a like fiduciary.

(2) Without a Representative. A minor or an incapacitated person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court must appoint a guardian ad litem—or issue another appropriate order—to protect a minor or incapacitated person who is not represented in an action.

(d) Public Officer’s Title and Name. A public officer who sues or is sued in an official capacity may be designated by official title rather than by name, but the court may order that the officer’s name be added.

[Amended; effective March 1, 2019.]

Rule

Joinder of Claims

(a) In General. A party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party.

(b) Joinder of Contingent Claims. A party may join two claims even though one of them is contingent on the disposition of the other; but the court may grant relief only in accordance with the parties’ relative substantive rights. In particular, a plaintiff may state a claim for money and a claim to set aside a conveyance that is fraudulent as to that plaintiff, without first obtaining a judgment for the money.

[Amended; effective March 1, 2019.]

Rule

Required Joinder of Parties

(a) Persons Required to Be Joined if Feasible.

(1) Required Party. A person who is subject to service of process and whose joinder will not deprive the court of subject-matter jurisdiction must be joined as a party if:

(A) in that person’s absence, the court cannot accord complete relief among existing parties; or

(B) that person claims an interest relating to the subject of the action and is so situated that disposing of the action in the person’s absence may:

(i) as a practical matter impair or impede the person’s ability to protect the interest; or

(ii) leave an existing party subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations because of the interest.

(2) Joinder by Court Order. If a person has not been joined as required, the court must order that the person be made a party. A person who refuses to join as a plaintiff may be made either a defendant or, in a proper case, an involuntary plaintiff.

(b) When Joinder Is Not Feasible. If a person who is required to be joined if feasible cannot be joined, the court must determine whether, in equity and good conscience, the action should proceed among the existing parties or should be dismissed. The factors for the court to consider include:

(1) the extent to which a judgment rendered in the person’s absence might prejudice that person or the existing parties;

(2) the extent to which any prejudice could be lessened or avoided by:

(A) protective provisions in the judgment;

(B) shaping the relief; or

(3) whether a judgment rendered in the person’s absence would be adequate; and

(4) whether the plaintiff would have an adequate remedy if the action were dismissed for nonjoinder.

(1) the name, if known, of any person who is required to be joined if feasible but is not joined; and

(2) the reasons for not joining that person.

(d) Exception for Class Actions. This rule is subject to Rule 23.

[Amended; effective March 1, 2019.]

Rule

Permissive Joinder of Parties

(a) Persons Who May Join or Be Joined.

(1) Plaintiffs. Persons may join in one action as plaintiffs if:

(A) they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and

(B) any question of law or fact common to all plaintiffs will arise in the action.

(2) Defendants. Persons may be joined in one action as defendants if:

(A) any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and

(B) any question of law or fact common to all defendants will arise in the action.

(3) Extent of Relief. Neither a plaintiff nor a defendant need be interested in obtaining or defending against all the relief demanded. The court may grant judgment to one or more plaintiffs according to their rights, and against one or more defendants according to their liabilities.

(b) Protective Measures. The court may issue orders—including an order for separate trials—to protect a party against embarrassment, delay, expense, or other prejudice that arises from including a person against whom the party asserts no claim and who asserts no claim against the party.

[Amended; effective March 1, 2019.]

Rule

Misjoinder and Nonjoinder of Parties

Misjoinder of parties is not a ground for dismissing an action. On motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party.

[Amended; effective March 1, 2019.]

Rule

Interpleader

(a) Grounds.

(1) By a Plaintiff. Persons with claims that may expose a plaintiff to double or multiple liability may be joined as defendants and required to interplead. Joinder for interpleader is proper even though:

(A) the claims of the several claimants, or the titles on which their claims depend, lack a common origin or are adverse and independent rather than identical; or

(B) the plaintiff denies liability in whole or in part to any or all of the claimants.

(2) By a Defendant. A defendant exposed to similar liability may seek interpleader through a crossclaim or counterclaim.

(b) Relation to Other Rules and Statutes. This rule supplements—and does not limit—the joinder of parties allowed by Rule 20. The remedy this rule provides is in addition to—and does not supersede or limit—the remedy provided by any Nevada statute authorizing interpleader. These rules apply to any action brought under statutory interpleader provisions, except as otherwise provided by Rule 81.

[Amended; effective March 1, 2019.]

Rule

Class Actions

(a) Prerequisites to a Class Action. One or more members of a class may sue or be sued as representative parties on behalf of all only if:

(1) the class is so numerous that joinder of all members is impracticable;

(2) there are questions of law or fact common to the class;

(3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and

(4) the representative parties will fairly and adequately protect the interests of the class.

(b) Aggregation. The representative parties may aggregate the value of the individual claims of all potential class members to establish district court jurisdiction over a class action.

(c) Class Actions Maintainable. An action may be maintained as a class action if the prerequisites of Rule 23(a) are satisfied, and in addition:

(1) the prosecution of separate actions by or against individual members of the class would create a risk of:

(A) inconsistent or varying adjudications with respect to individual members of the class that would establish incompatible standards of conduct for the party opposing the class; or

(B) adjudications with respect to individual members of the class that would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests;

(2) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or

(3) the court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include:

(A) the interest of members of the class in individually controlling the prosecution or defense of separate actions;

(B) the extent and nature of any litigation concerning the controversy already commenced by or against members of the class;

(D) the difficulties likely to be encountered in the management of a class action.

(d) Determination by Order Whether Class Action to Be Maintained; Notice; Judgment; Actions Conducted Partially as Class Actions.

(1) As soon as practicable after the commencement of an action brought as a class action, the court must determine by order whether it is to be so maintained. The order may be conditional, and may be altered or amended before the decision on the merits.

(2) When determining whether an action may be maintained as a class action, the representative party’s rejection of an offer made under Rule 68 or other offer of compromise that offers to resolve less than all of the class claims asserted by or against the representative party has no impact on the representative party’s ability to satisfy the requirements of Rule 23(a)(4). When the representative party is unable or unwilling to continue as the class representative, the court must permit class members an opportunity to substitute a class representative meeting the requirements of Rule 23(a)(4), except in cases where the representative party has been sued.

(3) In any class action maintained under Rule 23(c)(3), the court should direct to the members of the class the best notice practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort. The notice must advise each member that:

(A) the court will exclude the member from the class if the member so requests by a specified date;

(B) the judgment, whether favorable or not, will include all members who do not request exclusion; and

(C) any member who does not request exclusion may, if the member desires, enter an appearance through the member’s counsel.

(4) The judgment in an action maintained as a class action under Rule 23(c)(1) or (2), whether or not favorable to the class, must include and describe those whom the court finds to be members of the class. The judgment in an action maintained as a class action under Rule 23(c)(3), whether or not favorable to the class, must include and specify or describe those to whom the notice provided in Rule 23(d)(3) was directed, and who have not requested exclusion, and whom the court finds to be members of the class.

(5) When appropriate, an action may be brought or maintained as a class action with respect to particular issues, or a class may be divided into subclasses and each subclass treated as a class. In either case, the provisions of this rule should then be construed and applied accordingly.

(e) Orders in Conduct of Actions.

(1) When conducting actions to which this rule applies, the court may make appropriate orders:

(A) determining the course of proceedings or prescribing measures to prevent undue repetition or complication in the presentation of evidence or argument;

(B) requiring, for the protection of the members of the class or otherwise for the fair conduct of the action, that notice be given to some or all of the members in such manner as the court may direct:

(i) of any step in the action;

(ii) of the proposed extent of the judgment;

(iii) of the opportunity of members to signify whether they consider the representation fair and adequate;

(iv) to intervene and present claims or defenses; or

(v) to otherwise come into the action;

(D) requiring that the pleadings be amended to eliminate therefrom allegations as to representation of absent persons and that the action proceed accordingly;

(E) dealing with similar procedural matters.

(2) The orders may be combined with an order under Rule 16, and may be altered or amended.

(f) Dismissal or Compromise. A class action must not be dismissed or compromised without the approval of the court, and notice of the proposed dismissal or compromise must be given to all members of the class in such manner as the court directs.

[Amended; effective March 1, 2019.]