Objecting to Discovery Commissioner’s Report and Recommendation

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

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Jay Young, Mediator and Arbitrator

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on acting as an Arbitrator and Mediator. Mr. Young can be reached at 702.667.4828 or at jay@h2law.com. The information provided on this site does not, and is not intended to constitute legal advice. You understand each legal matter should be considered to be unique and subject to varying results. You should not take or refrain from taking action based on any information contained on this website without first consulting legal counsel, as it is not intended to advise you on your particular matter. Further, you understand that no guarantee is given that the information contained herein is an accurate statement of the law at any given point in time, as the law is constantly changing. Guest bloggers are responsible for their own content, which is not to be construed as an article authored by Jay Young. Please see http://nevadalaw.info/disclaimer

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