NAC638.315. Testimony of expert witness.

     1. The parties shall provide direct testimony of their expert witnesses through written testimony prepared before the hearing if the parties stipulate to providing such testimony in such a manner or if the presiding officer orders the parties to provide such testimony in such a manner. The written testimony must include, without limitation:

     (a) The resume, curriculum vitae or other similar statement detailing the qualifications of the expert witness to serve as an expert witness;

     (b) A statement of the expert’s opinion in question and answer format;

     (c) A listing of all persons, treatises or other information referred to in the preparation of the opinion or that served as a basis of the opinion;

     (d) A listing of all documents reviewed in the preparation of the opinion;

     (e) Any exhibits or documents that the expert deems necessary or useful to accompany his or her opinion; and

     (f) A notarized statement that the prepared testimony is sworn to be true and is submitted under penalty of perjury as if the testimony were given in person before the Board.

     2. If a party desires to use expert testimony in a matter, the party must file the written testimony of the expert with the Board and ensure that the other parties of record receive a copy of such testimony at least 10 business days before the hearing. The evidence and testimony of any expert witness may be excluded if it is not filed with the Board and provided to the other parties pursuant to this subsection.

     3. After testimony is filed with the Board, amendments to the testimony may be made upon approval of the Board or presiding officer.

     4. The testimony of an expert witness may be read into the record by the witness upon direct examination if the Board or presiding officer determines that such reading is appropriate under the circumstances.

     5. The testimony of an expert witness may be provided to the Board members before the hearing on the matter to which the testimony relates.

     6. An expert witness must appear at a hearing in which his or her testimony has been proffered pursuant to this section. Each party who has not proffered the testimony of the witness may cross-examine the witness regarding his or her written testimony provided in accordance with this section. The Board may examine the expert witness regarding his or her written testimony provided in accordance with this section. The party who proffered the prepared testimony may only examine the witness on redirect examination.

     (Added to NAC by Bd. of Veterinary Med. Exam’rs by R057-00, eff. 6-20-2000)