Rule 4.18 - Discovery disputes(a) In contested matters before the probate commissioner, all discovery disputes must first be heard by the probate commissioner, the probate commissioner's designee, or a special master approved by the parties, unless otherwise ordered by the probate judge. (1) Upon reasonable notice, the probate commissioner may direct the parties to appear for a conference with the probate commissioner concerning any discovery dispute. Unless otherwise directed, points and authorities need not be filed prior to a conference noticed by the probate commissioner. Counsel may not stipulate to vacate or continue a conference without the probate commissioner's approval.(2) The probate commissioner may shorten or extend any of the times provided for in EDCR 2.20 on any discovery motion.(3) Discovery motions may not be filed unless an affidavit of moving counsel is attached thereto setting forth that after a discovery dispute conference or a good faith effort to confer, counsel have been unable to resolve the matter satisfactorily. A conference requires either a personal or telephone conference between or among counsel. Moving counsel must set forth in the affidavit with specificity what attempts to resolve the discovery dispute were made, what was resolved and what was not resolved, and the reasons therefor. If a personal or telephone conference was not possible, the affidavit shall set forth the reasons. If the responding counsel fails to answer the discovery, the affidavit shall set forth what good faith attempts were made to obtain compliance. If, after request, responding counsel fails to participate in good faith in the conference or to answer the discovery, the court may require such counsel to pay to any other party the reasonable expenses, including attorney fees, caused by the failure. When a party is not represented by counsel, the party shall comply with this rule. The movant must detail in an affidavit the essential facts sufficiently to enable the probate commissioner to pass preliminary judgment on the adequacy and sincerity of the good faith discussion between the parties. It must include the name of the parties who conferred or attempted, to confer and the manner In which they communicated.(4) The probate commissioner may stay any disputed discovery proceeding pending resolution by the probate judge.(5) Following the hearing of any discovery motion, the probate commissioner must prepare and file a report with the probate commissioner's recommendations for a resolution of each unresolved dispute in accordance with EDCR 4.05. The probate commissioner may direct counsel to prepare the report in accordance with EDCR 7.21 and 7.23. The probate commissioner must file the report with the court and serve a copy of it on each party. Within 14 days after being served with a copy of the report, any party may file with the clerk of the court and serve on the other parties a written request for judicial review of the matter by the probate judge in accordance with Rule 4.06.(6) Papers or other materials submitted for the probate commissioner's in camera inspection must be accompanied by a captioned cover sheet complying with EDCR 7.20 that indicates that it is being submitted in camera. All in camera submissions must also contain an index of the specific items submitted. A copy of the index must be furnished to all other parties. The party submitting the materials in camera must provide one Bates stamped copy of the materials without redactions and one identically Bates stamped set of materials with proposed redactions.(b) In contested matters before the probate judge, all discovery disputes must first be heard by the discovery commissioner, and the parties shall resolve such disputes in accordance with EDCR 2.34 unless otherwise ordered.Nev. R. Prac. Eight Jud. Dist. Ct. 4.18
Added effective 9/2/2014; amended effective 3/1/2016; amended April 26, 2024, effective 6/25/2024.