NAC561.500. Discovery: Scope; procedure.

     1. A party to a contested case may serve upon any other party a written demand for:

     (a) Copies of all documents reasonably available to the other party which are anticipated to be used in support of that party’s position;

     (b) A written list of witnesses, including rebuttal witnesses, whom the other party reasonably anticipates will testify at the hearing, which identifies each person by name and address;

     (c) A description of any other evidence which the other party anticipates will be used in the hearing;

     (d) Any exculpatory evidence reasonably available to the petitioner which would tend to support the respondent’s position or discredit the petitioner’s witnesses; and

     (e) Copies of any investigative reports which appear to summarize or describe an interview with the respondent.

Ê The respondent is entitled to such information whether or not an investigator is called to testify and whether or not an investigator or other witness uses an investigative report to refresh his or her recollection before or during the hearing.

     2. The party receiving a demand for documents or other evidence pursuant to this section shall provide the copies, lists and evidence demanded within 10 days after service of the demand.

     3. Each party served with a demand for documents or other evidence pursuant to this section shall exchange any new information required to be produced pursuant to this section as it becomes available.

     4. Except as otherwise provided in this section, the investigative file of the petitioner is not subject to discovery. If the respondent requests, he or she is entitled to review investigative reports relating to a witness for the petitioner, including summaries or descriptions of interviews, after the direct examination of that witness but before the cross-examination of that witness.

     5. This section does not prevent the parties from agreeing to exchange any information not specified in this section. If the parties agree to the use of a deposition, such an agreement will be deemed a waiver of any objection to testimony contained in the deposition, except for an objection based on relevance.

     (Added to NAC by Bd. of Agriculture, eff. 2-20-96)