Discovery is an integral part of the legal process, and it involves disclosing essential details and relevant information before the case goes to trial. The definition of discovery in a civil action case is “The use of pre-trial processes to gather knowledge in preparation for a trial.” Every state has its own laws regarding the discovery process.
Similar to how different states have different court rules and case law procedures, rules of discovery are managed in distinct ways depending on where a case occurs. If you are in Nevada, understanding the discovery processes here can be helpful. Below, we will walk you through how the discovery process works in Las Vegas and discuss Nevada’s discovery rules.
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Remember, your anguish and concerns are very important to us. Our experienced Nevada personal injury attorneys have likely seen (and won) cases just like yours. Consequently, we are incredibly familiar with the rules of Las Vegas injury law, including discovery. If you have questions about your case, discovery, or other areas of personal injury law, call us!
Understanding Las Vegas Law: Help from the Nevada Personal Injury Attorneys at Moss Berg
If you have a personal injury case in Nevada, it is essential to understand mandatory discovery. So does Nevada have a discovery rule? Yes, in Nevada, a mandatory discovery rule exists. Mandatory discovery can apply to automobile accidents, defective product injuries, or other cases. The Rules of Civil Procedure in Nevada mandate that certain forms of disclosure (discovery) are required in all cases. Discovery falls under the Nevada Rules of Civil Procedure, Statute 16.1.
What is Mandatory Pre-Trial Discovery?
Mandatory pre-trial discovery in Nevada requires both parties in a lawsuit (the defendant and the plaintiff) to provide pertinent information regarding a case. So, each party in the case must tell the other side what facts and evidence they are using. This does not mean that one side must disclose its theories or entire legal strategy to the other. Rather, both sides must simply tell one another what facts they will be focusing on in the case.
Nevada discovery rules also mandate that each side provide this pertinent information voluntarily or without requiring a formal request. Therefore, in Nevada, the court does not need to issue a special order before both parties are required to provide discovery to one another. According to Nevada Rules of Civil Procedure 16.1, discovery is always mandatory and applies to virtually all cases.
What are the Rules of Civil Procedure?
Rules of civil procedure govern civil legal cases in the state of Nevada. This includes personal injury cases. These rules are used to determine the procedures that should be used for all civil cases from beginning to end. These procedure rules cover everything from what can be put in court documents to how papers are served from party to party. The purpose of these rules is to ensure that all Nevada civil cases are handled in an equitable, fair, and uniform manner.
What Must Be Disclosed Under the Mandatory Nevada Discovery Rule?
So what must be disclosed under discovery? In Nevada, several categories of information must be disclosed based on the state’s discovery rules. The main types of required Discovery in Nevada include:
- Computation damages
- Insurance contract
- Expert Witnesses
Every person that each party is aware of (that may have information about a case) must be disclosed. If you have addresses or phone numbers, they must also be included in the discovery. Even if a witness isn’t particularly favorable to your case, you still must tell the other side that you are aware of them.
Expert witnesses differ from standard witnesses. Expert witnesses have special disclosure requirements. This involves an expert relevant to a case creating a summary of their opinion and providing the basis for their expertise. Expert witnesses must provide qualifications and biographical information as well. Expert witnesses may be physicians, physical therapists, or other experts. You should bring up questions about asking for witness statements from your personal physician with your attorney.
Exhibits include descriptions of documents or other items that are tangible and relative to the case. These items must be in your control or possession, and it does not matter whether these items will be used in a trial. You must still provide copies of discoverable items under the Nevada Rules of Civil Procedure Section 26(b).
If an insurance policy exists that could be relevant to your case, you legally must give the other side a copy of it. For instance, an automobile insurance policy could be relevant if you have a car accident claim.
Computation of Damages
Both parties must provide documentation explaining how they calculate damages. If you are the plaintiff, you must provide documentation showing how you arrived at the cost of damages being sought after in a case. Supporting documentation must also be provided.
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If you were injured by a defective product, have questions about Nevada discovery rules, or need a Las Vegas injury attorney for any other reason, contact us. Moss Berg Injury Law is here to assist you with a range of legal matters. Our skilled and experienced team of injury lawyers in Las Vegas, Nevada will work hard to ensure that you are satisfied with our comprehensive personal injury services!
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At Moss Berg, we do not believe that injured victims should have to suffer in silence. We will do everything possible to ensure you get the best-case outcome possible. Our skilled legal associates can help you determine what your case is worth by asking just a few easy questions. Moreover, you can get assistance easily online 24/7, or over the phone by calling 702-222-4555.
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