How the Discovery process begins depends on whether your case is in Justice Court or District Court. Regardless of which court your case is filed in, both parties are required to make mandatory initial disclosures of certain documents and each party is under a continuing duty to promptly supplement these disclosures when new information becomes available. 

Failure of a party to promptly disclose supplemental documents or lists of persons may result in the exclusion of that document(s) or witness(es).

Justice Court Discovery

Step 1: Initial Disclosures

Within 30 days of the filing by the defendant of an Answer, the parties to a case are required to exchange:

1. Documents.  The parties must exchange all documents which are reasonably available and which the party believes he or she will use to support the allegations or denials made in the party’s pleadings;  and
2. Witnesses.  The parties must exchange a written list of persons, including expert witnesses, known to have knowledge of any relevant facts.  The list shall include the name/address of each person and a general description what they know.

Step 2: File Early Case Conference Report

Within 10 days of making the Initial Disclosures referenced in Step 1, the parties shall file with the court an Early Case Conference Report (link to form) containing a list of the documents exchanged and attaching the lists of persons exchanged.  See JCRCP 16.1

District Court Discovery

Step 1: Meet and Confer

With certain exceptions, within 30 days of the filing by the defendant of an Answer, the parties to a case are required to meet in person to confer and plan for discovery and discuss the possibility of settlement of the case.  It is the responsibility of the plaintiff’s attorney to designate a time and place of the meeting.

Step 2: Initial Disclosures

At the time that the parties meet and confer as required by Step 1 above, or within 14 days after they meet and confer, the parties must exchange:

1. Documents.  The parties must exchange all documents which are reasonably available and which the party believes he or she will use to support the allegations or denials made in the party’s pleadings;  and
2. Witnesses.  The parties must exchange a written list of persons, including expert witnesses, known to have knowledge of any relevant facts.  The list shall include the name/address of each person and a general description what they know.

Step 3: File Case Conference Report

Within 30 days after the parties meet and confer as required by Step 1 above, the parties must file a joint case conference report or, if the parties are unable to agree upon the contents of a joint report, each party must serve and file a case conference report.  See NRCP 16.1