Eighth Judicial Court Rules

Rule 4.17 – Discovery in contested/litigated matters.

Rule 4.17. Discovery in contested/litigated matters.

  • (a) In contested matters before the probate commissioner involving disputed issues of material fact, the probate commissioner shall set an evidentiary hearing date and a discovery schedule after receiving input from the attorneys for the parties and any unrepresented parties. Such settings shall be made at the time of the hearing on the initial petition commencing the litigation or at the request of any party thereto. In matters that have been transferred to the probate judge pursuant to Rule 4.08, the probate judge may set the hearing date and a discovery schedule under this rule on its own initiative or at the request of any party.

    (b) The probate commissioner or the probate judge may, as appropriate, limit the time to:

                 (1) Complete discovery obligations;

                 (2) Join other parties and to amend the pleadings; and

                 (3) File and hear dispositive motions.

    (c) The probate commissioner or the probate judge, where appropriate, may set any additional deadlines provided for under NRCP 16 and 16.1 as deemed necessary or appropriate based on the nature and scope of the contested issues to be determined at the evidentiary hearing.

          [Added; effective September 2, 2014.]