Mandatory Pretrial Disclosure Requirements for Civil Actions

(a) Initial Disclosures. Within 30 days of the filing of defendant’s answer, a party must, without awaiting a discovery request, provide to the other parties: (1) the name and, if known, the address and telephone number of each individual likely to have information discoverable under Rule 26(b), including for impeachment or rebuttal, identifying the subjects of the information; (2) a copy—or a description by category and location—of all documents, electronically stored information, and tangible things that the disclosing party has in the party’s possession, custody, or control and may use to support the party’s claims or defenses, including for impeachment or rebuttal, and, unless privileged or protected from disclosure, any record, report, or witness statement, in any form, concerning the incident that gives rise to the lawsuit; (3) when personal injury is in issue, the identity of each relevant medical provider so that the opposing party may prepare an appropriate medical authorization for signature to obtain medical records from each provider; (4) a computation of each category of damages claimed by the disclosing party—who must make available for inspection and copying as under Rule 34 the documents or other evidentiary material, unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of injuries suffered; and (5) for inspection and copying as under Rule 34, any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment and any disclaimer or limitation of coverage or reservation of rights under any such insurance agreement. (b) Disclosure of Expert Testimony. (1) In General. In addition to the disclosures required by Rule 16.1(a), a party must disclose to the other parties the identity of any witness the party may use at trial to present evidence under NRS 50.275 , NRS 50.285 , and NRS 50.305 . (2) Witnesses Who Must Provide a Written Report. Unless otherwise stipulated or ordered by the court, this disclosure must be accompanied by a written report—prepared and signed by the witness—if the witness is one retained or specially employed to provide expert testimony in the case or one whose duties as the party’s employee regularly involve giving expert testimony. The report must contain: (A) a complete statement of all opinions the witness will express, and the basis and reasons for them; (B) the facts or data considered by the witness in forming them; (C) any exhibits that will be used to summarize or support them; (D) the witness’s qualifications, including a list of all publications authored in the previous 10 years; (E) a list of all other cases in which, during the previous 4 years, the witness testified as an expert at trial or by deposition; and (F) a statement of the compensation to be paid for the study and testimony in the case. (3) Witnesses Who Do Not Provide a Written Report. Unless otherwise stipulated or ordered by the court, if the witness is not required to provide a written report, this disclosure must state: (A) the subject matter on which the witness is expected to present evidence under NRS 50.275 , NRS 50.285 , and NRS 50.305 ; (B) a summary of the facts and opinions to which the witness is expected to testify; (C) the qualifications of that witness to present evidence under NRS 50.275 , NRS 50.285 , and NRS 50.305 , which may be satisfied by the production of a résumé or curriculum vitae; and (D) the compensation of the witness for providing testimony at deposition and trial, which is satisfied by production of a fee schedule. (4) Treating Physicians. (A) Status. A treating physician who is retained or specially employed to provide expert testimony in the case, or whose duties as the party’s employee regularly involve giving expert testimony on behalf of the party, must provide a written report under Rule 16.1(b)(2). Otherwise, a treating physician who is properly disclosed under Rule 16.1(a) may be deposed or called to testify without providing a written report. A treating physician is not required to provide a written report under Rule 16.1(b)(2) solely because the physician’s testimony may discuss ancillary treatment, or the diagnosis, prognosis, or causation of the patient’s injuries, that is not contained within the physician’s medical chart, as long as the content of such testimony is properly disclosed under Rule 16.1(a). (B) Change in Status. A treating physician will be deemed a retained expert witness subject to the written report requirement of Rule 16.1(b)(2) if the party is asking the treating physician to provide opinions outside the course and scope of the treatment provided to the patient. (C) Disclosure. The disclosure regarding a nonretained treating physician must include the information identified in Rule 16.1(b)(3), to the extent practicable. In that regard, appropriate disclosure may include that the physician will testify in accordance with his or her medical chart, even if some records contained therein were prepared by another healthcare provider. (5) Time to Disclose Expert Testimony. A party must make these disclosures 120 days after the filing of defendant’s answer. (c) Initial Disclosures Report. Within 14 days of the required disclosures under Rule 16.1(a), each party must file with the court a report containing a list of the disclosures made and served upon the opposing party. This report may be prepared and filed as a joint report. (d) Later Joined Parties. Any party first served or otherwise joined after the filing of the Initial Disclosures Report must make the Rule 16.1(a) disclosures within 30 days after being served or joined unless a different time is set by stipulation or court order and must file the party’s Initial Disclosures Report within 14 days of making the required disclosures. (e) Duty to Supplement; Sanctions. Each party is under a continuing duty to promptly supplement the party’s Initial Disclosures. Failure of a party to promptly supplement the required disclosures may result in the exclusion of that document(s) or witness(es) or may result in an order to compel disclosures or sanctions pursuant to Rule 37. [Amended; effective October 29, 2024.]