Page 4 of 4 SMALL CLAIMS SUBPOENA
Q (Rev. 2, 11/13)
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© 2013 Civil Law Self-Help Center
Clark County, Nevada
EXHIBIT "A"
JUSTICE COURT RULES OF CIVIL PROCEDURE
Rule 45
(c) Protection of persons subject to subpoena.
(1) A party or an attorney responsible for the issuance and service of a subpoena shall take
reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena.
The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the
party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to,
lost earnings and a reasonable attorney's fee.
(2) (A) A person commanded to produce and permit inspection and copying of
designated books, papers, documents or tangible things, or inspection of premises need not appear in
person at the place of production or inspection unless commanded to appear for deposition, hearing or
trial.
(B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and
permit inspection and copying may, within 14 days after service of the subpoena or before the time
specified for compliance if such time is less than 14 days after service, serve upon the party or attorney
designated in the subpoena written objection to inspection or copying of any or all of the designated
materials or of the premises. If objection is made, the party serving the subpoena shall not be entitled
to inspect and copy the materials or inspect the premises except pursuant to an order of the court by
which the subpoena was issued. If objection has been made, the party serving the subpoena may,
upon notice to the person commanded to produce, move at any time for an order to compel the
production. Such an order to compel production shall protect any person who is not a party or an
officer of a party from significant expense resulting from the inspection and copying commanded.
(3) (A) On timely motion, the court by which a subpoena was issued shall quash or
modify the subpoena if it
(i) fails to allow reasonable time for compliance;
(ii) requires a person who is not a party or an officer of a party to travel to a
place more than 100 miles from the place where that person resides, is employed or regularly transacts
business in person, except that such a person may in order to attend trial be commanded to travel from
any such place within the state in which the trial is held, or
(iii) requires disclosure of privileged or other protected matter and no
exception or waive applies, or
(iv) subjects a person to undue burden.
(B) If a subpoena
(i) requires disclosure of a trade secret or other confidential research,
development, or commercial information, or
(ii) requires disclosure of an unretained expert's opinion or information not
describing specific events or occurrences in dispute and resulting from the expert's study made not at
the request of any party,
the court may, to protect a person subject to or affected by the subpoena, quash or modify the
subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the
testimony or material that cannot be otherwise met without undue hardship and assures that the person
to whom the subpoena is addressed will be reasonably compensated, the court may order appearance
or production only upon specified conditions.
(d) Duties in responding to subpoena.
(1) A person responding to a subpoena to produce documents shall produce them as they
are kept in the usual course of business or shall organize and label them to correspond with the
categories in the demand.
(2) When information subject to a subpoena is withheld on a claim that it is privileged or
subject to protection as trial preparation materials, the claim shall be made expressly and shall be
supported by a description of the nature of the documents, communications, or things not produced that
is sufficient to enable the demanding party to contest the claim.