Nevada

The following is the procedure for an out of state or foreign party to issue a court ordered subpoena within the state of Nevada:

The party seeking the subpoena must comply with the following state statutes:

INTERSTATE DEPOSITIONS AND DISCOVERY (UNIFORM ACT)

Click here for Nevada Rule 53 Section 170

Serving the subpoena:

Click here for Nevada Rule 45

Nevada Subpoena form:

Click here for Nevada Courts Main Forms Website

Click here for Carson County forms

Required Steps:

To request issuance of a subpoena under this section, a party shall submit a foreign subpoena to a clerk of the circuit court for the county in which discovery is sought to be conducted in this State. A request for the issuance of a subpoena under this subtitle does not constitute an appearance in the courts of this State.

When a party submits a foreign subpoena to a clerk of court in this State, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.

A subpoena under this section shall:

  1. Incorporate the terms used in the foreign subpoena; and
  2. Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

A subpoena issued by a clerk of court under NRS 53.170 must be served and enforced in compliance with rule 45 of the Nevada Rules of Civil Procedure (see Serving the Subpoena).

Witness fees:

As per NRS 50.225, $25 per day, plus mileage to and from the court to the witness place of residence. Mileage rate is the GSA rate, currently at .54 per mile. Also, in some cases, per diem allowance may be required to be provided.

Notice time:

Must allow for reasonable time for compliance, as per Rule 45.

Notice to adverse parties:

Under Rule 30 of the Nevada Rules of Civil Procedure, a party desiring to take the deposition of any person upon oral examination shall give reasonable notice, not less than 15 days, in writing to every other party to the action.