How should one properly respond to a Nevada subpoena?  As is so often the case in the law, the answer is “it depends.” Let’s first discuss the different types of subpoenas and then decide on the best way to respond to them.

The post assumes that you are not a party to the litigation and that the subpoena is not for trial testimony.  If that is the case, the subpoena is served for the purpose of  either compelling your attendance to testify or for gathering information one of the parties thinks they need to prove their case, and is called a discovery subpoena.  A discovery subpoena may require the receiving party to turn over documents, allow for the inspection of physical premises, and/or provide testimony.  Nevada Rules of Civil Procedure (“NRCP”), NRCP 45(b)(1), NRCP 30(b)(1). (more…)