1. An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action and, upon motion to the court by a party to the arbitral proceeding or the arbitrator, enforced in the manner for enforcement of subpoenas in a civil action.
2. To make the proceedings fair, expeditious and cost effective, upon request of a party to or a witness in an arbitral proceeding, an arbitrator may permit a deposition of any witness to be taken for use as evidence at the hearing, including a witness who cannot be subpoenaed for or is unable to attend a hearing. The arbitrator shall determine the conditions under which the deposition is taken.
3. An arbitrator may permit such discovery as the arbitrator decides is appropriate in the circumstances, taking into account the needs of the parties to the arbitral proceeding and other affected persons and the desirability of making the proceeding fair, expeditious and cost effective.
4. If an arbitrator permits discovery under subsection 3, the arbitrator may order a party to the arbitral proceeding to comply with the arbitrator’s orders related to discovery, issue subpoenas for the attendance of a witness and for the production of records and other evidence at a proceeding for discovery, and take action against a noncomplying party to the extent a court could if the controversy were the subject of a civil action in this State.
5. An arbitrator may issue a protective order to prevent the disclosure of privileged information, confidential information, trade secrets and other information protected from disclosure to the extent a court could if the controversy were the subject of a civil action in this State.
6. All laws compelling a person under subpoena to testify and all fees for attending a judicial proceeding, a deposition or a proceeding for discovery as a witness apply to an arbitral proceeding as if the controversy were the subject of a civil action in this State.
7. The court may enforce a subpoena or order related to discovery for the attendance of a witness within this State and for the production of records and other evidence issued by an arbitrator in connection with an arbitral proceeding in another state upon conditions determined by the court so as to make the arbitral proceeding fair, expeditious and cost effective. A subpoena or order related to discovery issued by an arbitrator in another state must be served in the manner provided by rule of court for service of subpoenas in a civil action in this State and, upon motion to the court by a party to the arbitral proceeding or the arbitrator, enforced in the manner provided by rule of court for enforcement of subpoenas in a civil action in this State.
(Added to NRS by 2001, 1279)
Structure Nevada Revised Statutes
Chapter 38 - Mediation and Arbitration
NRS 38.208 - Arbitral organization" defined.
NRS 38.209 - Arbitrator" defined.
NRS 38.212 - Knowledge" defined.
NRS 38.217 - Waiver of requirements or variance of effects of requirements; exceptions.
NRS 38.218 - Application for judicial relief; service of notice of initial motion.
NRS 38.219 - Validity of agreement to arbitrate.
NRS 38.221 - Motion to compel or stay arbitration.
NRS 38.222 - Provisional remedies.
NRS 38.223 - Initiation of arbitration.
NRS 38.224 - Consolidation of separate arbitral proceedings.
NRS 38.226 - Appointment of arbitrator; service as neutral arbitrator.
NRS 38.228 - Action by majority.
NRS 38.229 - Immunity of arbitrator; competency to testify; attorney’s fees and costs.
NRS 38.231 - Arbitration process.
NRS 38.232 - Representation by lawyer.
NRS 38.233 - Witnesses; subpoenas; depositions; discovery.
NRS 38.234 - Judicial enforcement of preaward ruling by arbitrator.
NRS 38.237 - Change of award by arbitrator.
NRS 38.238 - Remedies; fees and expenses of arbitration proceeding.
NRS 38.239 - Confirmation of award.
NRS 38.242 - Modification or correction of award.
NRS 38.243 - Judgment on award; attorney’s fees and litigation expenses.
NRS 38.248 - Uniformity of application and construction.
NRS 38.255 - Guidelines for establishment of programs for arbitration.
NRS 38.310 - Limitations on commencement of certain civil actions.
NRS 38.350 - Statute of limitations tolled.
NRS 38.360 - Administration of provisions by Division; regulations; fees.
NRS 38.410 - "Collaborative law communication" defined.
NRS 38.415 - "Collaborative law participation agreement" defined.
NRS 38.420 - "Collaborative law process" defined.
NRS 38.425 - "Collaborative lawyer" defined.
NRS 38.430 - "Collaborative matter" defined.
NRS 38.435 - "Law firm" defined.
NRS 38.440 - "Nonparty participant" defined.
NRS 38.450 - "Person" defined.
NRS 38.455 - "Proceeding" defined.
NRS 38.460 - "Prospective party" defined.
NRS 38.465 - "Record" defined.
NRS 38.470 - "Related to a collaborative matter" defined.
NRS 38.480 - "Tribunal" defined.
NRS 38.505 - Approval of agreement by tribunal.
NRS 38.525 - Disclosure of information during process.
NRS 38.545 - Confidentiality of collaborative law communication.
NRS 38.555 - Waiver and preclusion of privilege.
NRS 38.560 - Limits of privilege.
NRS 38.565 - Authority of tribunal in case of noncompliance.
NRS 38.570 - Applying and construing Uniform Act to promote uniformity.
NRS 38.575 - Relation to Electronic Signatures in Global and National Commerce Act.