NAC455.370. Order requiring appearance of witness or compelling production of document.

     1. If a party to a complaint fails to respond adequately to a request for discovery, the party requesting the discovery may move for an order for the appearance of a witness at any designated place of a conference, deposition or hearing or for the production of a book, paper or document. Any motion for such an order must be made in the form of a written motion filed with the Commission, or any party to a complaint may request a telephonic conference with the presiding officer regarding a discovery dispute.

     2. A motion for an order for the appearance of a witness at any designated place of a conference, deposition or hearing or to compel the production of a book, paper or document must set forth the reasons which support the issuance of the order and must identify, as clearly as possible, the witness, book, paper or document desired.

     3. If the motion is granted, the Commission will issue the order and provide for service of the order upon the appropriate person by personal service or certified mail. Where appropriate, the issuance of the order may be conditioned upon an advancement by the moving party of the reasonable cost of the production of books, papers or documents.

     4. The Commission will, upon its own initiative or upon a written request by the party to whom the order is directed, quash or modify the order if the order is determined to be unreasonable or oppressive.

     5. The Commission may, upon its own initiative, issue an order requiring the attendance and testimony of witnesses and the production of a book, paper, document or other tangible thing.

     (Added to NAC by Pub. Utilities Comm’n by R156-03, eff. 8-25-2004; A by R029-11, 2-20-2013)