Objecting to Discovery Commissioner’s Report and Recommendation

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We have all had a discovery ruling go against us from time to time.  What is the procedure for objecting to a ruling by a Discovery Commissioner?  First, make certain that you ask the Commissioner for a stay under EDCR 2.34(e) if you know that you will be objecting to the ruling.  Failing to ask for a stay means that while you are waiting for consideration of your objection, your client must comply with the order.  NRCP 37(b)(2); Bahena v. Goodyear Tire & Rubber Co.,  235 P.3d 592, 597 (2010).

A timely objection must be filed within 5 days of being served with the recommendations.  NRCP 16.1(d)(2); EDCR 2.34(f) (deeming the report received 3 days after placement in an attorney’s folder in the clerk’s office).

 

See elements for other claims at the Nevada Law Library

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator. Peers have named him an AV-Rated Lawyer, Best Lawyers, a Top 100 Super Lawyers in the Mountain States multiple years, and to the Legal Elite and Top Lawyers lists for many years. Mr. Young has been appointed a part time Judge, a Special Master to the Clark County, Nevada Business Court, as an arbitrator by the Nevada Supreme Court. He has been appointed as an arbitrator or mediator of well over 250 legal disputes from business disputes to personal injury matters. He has been named Best Lawyers for Arbitration. Mr. Young is a respected author of ten books, including A Litigator’s Guide to Federal Evidentiary Objections, A Litigator’s Guide to the Federal Rules of Evidence, and the Federal Court Civil Litigation Checklist.
Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.