Rule 110 - Subpoena Power, Production of Documents, Witnesses, and Pretrial Proceedings1. Issuance of subpoenas by hearing panels and bar counsel. Bar counsel and a member of a hearing panel who is also a state bar member, in matters under investigation by either, may administer oaths and affirmations and issue and compel by subpoena the attendance of witnesses and the production of pertinent books, papers, and documents. The respondent may also compel by subpoena the attendance of witnesses and the production of pertinent books, papers, and other documents before a hearing panel. Subpoena and witness fees and mileage shall be the same as in a district court.2.Confidentiality stated on subpoena. Subject to the provisions of SCR 121, subpoenas shall clearly indicate on their face that they are issued in connection with a confidential investigation under these rules and that it is regarded as contempt of the supreme court or grounds for discipline under these rules for a person subpoenaed to in any way breach the confidentiality of the investigation. It shall not be regarded as a breach of confidentiality for a person subpoenaed to consult with counsel or to answer questions asked by bar counsel or the respondent to determine the facts known by the witness.3.Attachment of person for failure to obey subpoena or produce documents. Whenever any person subpoenaed to appear and give testimony or to produce books, papers, or other documents as required by subpoena, or requested to provide documents pursuant to SCR78.5(1)(b), refuses to appear or testify before a hearing panel, or to answer any pertinent or proper questions, or to provide the requested documents, that person shall be deemed in contempt of the disciplinary board, and the chair of the disciplinary board shall report the fact to a district judge of the county in which the hearing is being held or the investigation conducted. The district court shall promptly issue an attachment in the form usual in the court, directed to the sheriff of the county, commanding the sheriff to attach such person and bring such person forthwith before the court. On the return of the attachment, and the production of the person attached, the district court shall have jurisdiction of the matter; and the person charged may purge themself of the contempt in the same way, and the same proceedings shall be had, and the same penalties may be imposed, and the same punishment inflicted as in the case of a witness subpoenaed to appear and give evidence on the trial of a civil cause before a district court of the State of Nevada. 4.Contest of subpoena. A contest of a subpoena shall be heard and determined by the chair of the appropriate disciplinary board. 5.Restriction on discovery. Discovery by the respondent, other than under SCR105(2)(d), is not permitted prior to hearing, except by the order of the chair for good cause upon motion under SCR103(5) or SCR103(6).6. Prehearing conference. At the discretion of the chair, a prehearing conference may be ordered for the purpose of obtaining admissions or otherwise narrowing the issues presented by the pleadings. The conference may be held before the chair or the chair’s designee.7.Deposition in lieu of appearance. With the approval of the chair, testimony may be taken by deposition or by commission if the witness is not subject to subpoena or is unable to attend or testify at the hearing because of age, illness, or other infirmity.8.Confidentiality of deposition. Depositions are subject to the protective requirements and confidentiality provided in SCR121. 9.Subpoena pursuant to law of another jurisdiction. Bar counsel, in the aid of attorney discipline or disability proceedings in another jurisdiction, may issue a subpoena as provided in this rule. The request for the subpoena must be duly approved under the laws of the requesting jurisdiction and must be made by either the disciplinary authority of the requesting jurisdiction or a respondent in a disciplinary or disability proceeding in the requesting jurisdiction. The subpoena may compel the attendance of witnesses and production of documents in Nevada where the witness resides or is employed or elsewhere as agreed by the witness. Service, enforcement, and challenges to this subpoena shall be in accordance with this rule.Added; effective 2/15/1979; amended effective 3/1/2007; last amended effective 10/5/2015; amended effective 10/26/2023.