Nevada § 463A.100 - Subpoenas; witness fees; depositions; affidavits

§ 463A.100. Subpoenas; witness fees; depositions; affidavits

1. Before a hearing before the Commission, and during a hearing upon reasonable cause

shown, the Commission shall issue subpoenas and subpoenas duces tecum at the request

of a party. All witnesses appearing pursuant to subpoena, other than parties, officers or employees

of the State of Nevada or any political subdivision thereof, are entitled to fees

and mileage in the same amounts and under the same circumstances as provided by law

for witnesses in civil actions in the district courts. Witnesses entitled to fees or mileage who attend hearings at points so far removed

from their residences as to prohibit return thereto from day to day are entitled,

in addition to witness fees and in lieu of mileage, to the per diem compensation for

subsistence and transportation authorized for state officers and employees for each

day of actual attendance and for each day necessarily occupied in traveling to and

from the hearings. Fees, subsistence and transportation expenses must be paid by the party at whose request

the witness is subpoenaed. The Commission may, in its discretion, award as costs the amount of all such expenses

to the prevailing party. 2. The testimony of any material witness residing within or without the State of Nevada

may be taken by deposition in the manner provided by the Nevada Rules of Civil Procedure. 3. Affidavits may be received in evidence at any hearing of the Commission in accordance

with the following: (a) The party wishing to use an affidavit shall, not less than 10 days prior to the

day set for hearing, serve upon the opposing party or counsel, either personally or

by registered or certified mail, a copy of the affidavit which the party proposes

to introduce in evidence together with a notice as provided in paragraph (c). (b) Unless the opposing party, within 7 days after such service, mails or delivers

to the proponent a request to cross-examine affiant the right to cross-examine the

affiant is waived and the affidavit, if introduced in evidence, must be given the

same effect as if the affiant had testified orally. If an opportunity to cross-examine an affiant is not afforded after request therefor

is made in accordance herewith, the affidavit may be introduced in evidence, but must

be given only the same effect as other hearsay evidence. (c) The notice referred to in paragraph (a) must be substantially in the following

form: The accompanying affidavit of (here insert name of affiant) will be introduced as

evidence at the hearing set for the __________ day of the month of __________ of the year _______ (Here insert name of affiant) will not be called to testify orally and you will not

be entitled to question (here insert name of affiant) unless you notify the undersigned

that you wish to cross-examine (here insert name of affiant). To be effective your request must be mailed or delivered to the undersigned on or

before 7 days from the date this notice and the enclosed affidavit are served upon

you. _____________________________________ (Party or Counsel) _____________________________________ (Address)