It is not unusual for attorneys to receive a call from a client that has received a subpoena from an out of state court requesting that the individual produce certain specified documents. At first sight these subpoenas do not appear to have anything to do with the client. In many cases the demand is for the employment records of someone that at one time worked for the person or demand that the individual produce certain information. The question arises; does the individual that received the subpoena from an out of state court have to comply when the person is not a party to the action?
As of October, 2011 the answer is a g “yes,” with a caveat. The subpoena must comply with the act covering interstate depositions and discovery in Nevada.
The background and reasoning:
Prior to the introduction of the act, the mechanism that was required to get an interstate subpoena was cumbersome and incomplete. The new act took into account the function of a subpoena which is:
- Get a witness deposition
- Gather information including documents, and
- Gain entry to premises for the purpose of inspection
There was a considerable amount of resistance to the purpose and function of the act, the net result interstate deposition and discovery in Nevada was only mimicked by 14 other states.
With the adoption of the act the need to answer an out of state subpoena is clear. The out of state attorney that wishes to issue a subpoena only has to identify the residence of a Nevada witness or company and then submit it to the clerk of court in that county.
Upon receipt of the subpoena, the clerk of court issues a subpoena to an attorney who in turn serves the subpoena to the person or company named in the foreign subpoena.
The Law Office of Hayes and Welsh provides foreign law firms the mechanism and venue needed to conduct interstate depositions and discovery in Nevada.
