Although it doesn’t happen every day it is not unusual for someone to receive a subpoena which “commands” them to provide documents and other information that has a bearing on legal proceedings that are pending in a state other than Nevada. Upon further study these subpoenas really don’t appear to have anything to do with the recipient. The subpoena may demand information about current or past employees or even a list of active clients. The one thing that any subpoena does is threaten serious consequences unless it is not complied with, and quickly.
Of course, as the subpoena is from a state other than Nevada, the question always arises, “is it necessary to comply?”
Prior to October 2011 the answer was no, as of October 1, 2011 the answer is yes, that was the date that the act creating the Interstate Depositions and Discovery in Nevada came into effect. Of course there is a caveat; the subpoena must comply with the act as well as rule 45 of the Nevada rules of civil procedure.
Interstate Depositions and Discovery Act in Nevada
The act permits a party to submit a subpoena from out of state to the court where discovery is being sought. The clerk of court is obliged to issue a subpoena which incorporates the terms that are included in the out of state or foreign subpoena.
The result of the creation of the Act is that it provides attorneys that are dealing with cases in other states the ability to serve a subpoena on people and businesses located in other states that have also adopted the Act, this in itself has streamlined the service of non-party discovery subpoenas.
With the adoption of Interstate Depositions and Discovery in Nevada the subpoena, although issued by the Nevada court, is for the attorney to serve.
