Nevada § 38.233 - Witnesses; subpoenas; depositions; discovery

§ 38.233. Witnesses; subpoenas; depositions; discovery

1. An arbitrator may issue a subpoena for the attendance of a witness and for the

production of records and other evidence at any hearing and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action

and, upon motion to the court by a party to the arbitral proceeding or the arbitrator,

enforced in the manner for enforcement of subpoenas in a civil action. 2. To make the proceedings fair, expeditious and cost effective, upon request of a

party to or a witness in an arbitral proceeding, an arbitrator may permit a deposition

of any witness to be taken for use as evidence at the hearing, including a witness

who cannot be subpoenaed for or is unable to attend a hearing. The arbitrator shall determine the conditions under which the deposition is taken. 3. An arbitrator may permit such discovery as the arbitrator decides is appropriate

in the circumstances, taking into account the needs of the parties to the arbitral

proceeding and other affected persons and the desirability of making the proceeding

fair, expeditious and cost effective. 4. If an arbitrator permits discovery under subsection 3, the arbitrator may order

a party to the arbitral proceeding to comply with the arbitrator's orders related

to discovery, issue subpoenas for the attendance of a witness and for the production

of records and other evidence at a proceeding for discovery, and take action against

a noncomplying party to the extent a court could if the controversy were the subject

of a civil action in this State. 5. An arbitrator may issue a protective order to prevent the disclosure of privileged

information, confidential information, trade secrets and other information protected

from disclosure to the extent a court could if the controversy were the subject of

a civil action in this State. 6. All laws compelling a person under subpoena to testify and all fees for attending

a judicial proceeding, a deposition or a proceeding for discovery as a witness apply

to an arbitral proceeding as if the controversy were the subject of a civil action

in this State. 7. The court may enforce a subpoena or order related to discovery for the attendance

of a witness within this State and for the production of records and other evidence

issued by an arbitrator in connection with an arbitral proceeding in another state

upon conditions determined by the court so as to make the arbitral proceeding fair,

expeditious and cost effective. A subpoena or order related to discovery issued by an arbitrator in another state

must be served in the manner provided by rule of court for service of subpoenas in

a civil action in this State and, upon motion to the court by a party to the arbitral

proceeding or the arbitrator, enforced in the manner provided by rule of court for

enforcement of subpoenas in a civil action in this State.