NAC641C.585. Discovery of witnesses and evidence.

     1. Not less than 10 days after the filing of the response by the respondent to the formal complaint, a party to the matter may serve upon any other party to the matter a written demand for:

     (a) Copies of all documents that are reasonably available to the other party which the other party reasonably anticipates will be used in support of his or her position.

     (b) A written list of the names of the persons who the other party reasonably anticipates will testify at the disciplinary hearing in support of his or her position. The list must include the name and address of each such person and a general description of the anticipated subject matter of his or her testimony.

     2. A party who receives a written demand for documents or information pursuant to subsection 1 shall:

     (a) Respond to the written demand within 5 days after receiving the written demand; and

     (b) If, after responding to or updating a written demand, the party reasonably anticipates that other documents or witnesses will be used in support of his or her position, or if any of the documents or information previously provided changes, promptly supplement and update his or her response to the written demand.

     3. If a party fails to provide any documentation or information in response to a written demand in violation of the provisions of this section, the presiding officer of the Board will exclude the undisclosed document or the testimony of the witness at the hearing, unless the party demonstrates to the Board that the evidence or witness was not available upon diligent investigation before the date the exchange was required and that the evidence or witness was given or communicated to the other party immediately after it was obtained.

     4. Except as otherwise required by law, discovery may only be done in accordance with the provisions of this section.

     (Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, 12-16-2003)