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Nevada Law Library

Objecting To Discovery Commissionerís Report And Recommendation

We have all had a discovery ruling go against us from time to time.What is the procedure for objecting to a ruling by a Discovery Commissioner?First, make certain that you ask the Commissioner for a stay under EDCR 2.34(e) if you know that you will be objecting to the ruling.Failing to ask for a stay means that while you are waiting for consideration of your objection, your client must comply with the order.NRCP 37(b)(2); Bahena v. Goodyear Tire & Rubber Co.,235 P.3d 592, 597 (2010).

A timely objection must be filed within 5 days of being served with the recommendations.NRCP 16.1(d)(2); EDCR 2.34(f) (deeming the report received 3 days after placement in an attorneyís folder in the clerkís office).