Nevada Subpoena

Introduction

Key Things to Know

1. 1

   A Nevada subpoena is a command issued from the court where the action is pending, under Nev. R. Civ. P. 45, requiring a named person to attend and testify, to produce designated documents, electronically stored information or tangible things, or to permit inspection of premises at a specified time and place.

2. 2

   Each Nevada witness attending in obedience to a subpoena is entitled to a fee of $25 for each day's attendance, including Sundays and holidays (NRS 50.225(1)(a)).

3. 3

   Mileage for attending a court of the county in which the witness resides runs at the standard mileage reimbursement rate for which a deduction is allowed for federal income tax purposes, measured from and returning to the place of residence by the shortest and most practical route (NRS 50.225(1)(b)).

4. 4

   A board of county commissioners may substitute the State Board of Examiners private-conveyance allowance for that mileage rate, and may separately add the per diem allowance provided for state officers and employees (NRS 50.225(1)(b) and (2)), so the county controls part of the bill.

5. 5

   A person is not obligated to appear in a Nevada civil proceeding unless they have been paid an amount equal to one day's fees, the county per diem if any, and the travel expenses reimbursable under the statute (NRS 50.225(6)).

6. 6

   A Nevada subpoena commanding pretrial production or inspection requires a notice and a copy served on each party at least 7 days before it is served on its recipient, so a party can object and seek a protective order (Nev. R. Civ. P. 45(a)(4)(A)).

7. 7

   Every Nevada subpoena must set out the text of Rule 45(c) and (d) on its face, along with the issuing court, the title and case number, and the name and address of the party or attorney responsible for issuing it (Nev. R. Civ. P. 45(a)(1)).

Nevada Requirements for Subpoena

• Witness Fee of $25 a Day, Sundays Included

  Each Nevada witness attending in obedience to a subpoena is entitled to a fee of $25 for each day's attendance, including Sundays and holidays (NRS 50.225(1)(a)). That weekend clause is explicit in the statute and matters on multi-day settings.

• Mileage at the Federal Income-Tax Standard Rate

  For attending a court of the county in which the witness resides, mileage is paid at the standard mileage reimbursement rate for which a deduction is allowed for purposes of federal income tax, for each mile necessarily and actually traveled from and returning to the place of residence by the shortest and most practical route (NRS 50.225(1)(b)).

• County Board May Swap the Rate and Add a Per Diem

  A board of county commissioners may provide that mileage be paid instead at an amount equal to the State Board of Examiners allowance for travel by private conveyance, and may separately provide the per diem allowance paid to state officers and employees for each day of attendance in a court of the county of residence (NRS 50.225(1)(b) and (2)). Check what the county has adopted.

• No Obligation to Appear Until Paid

  A person is not obligated to appear in a Nevada civil action or other proceeding unless paid an amount equal to one day's fees, the county per diem if any, and the reimbursable travel expenses (NRS 50.225(6)). Rule 45(b)(1) requires the same tender at service, except for subpoenas issued on behalf of the State or its officers or agencies.

• Seven-Day Notice Before the Custodian Is Served

  Where the subpoena commands pretrial production or inspection, a notice and a copy must be served on each party at least 7 days before the subpoena is served on its recipient, so a party can object and seek a protective order in that window (Nev. R. Civ. P. 45(a)(4)(A)).

• A Privilege Objection Blocks Service Outright

  A party who timely files and serves written objections plus a Rule 26(c) motion, within 7 days of the notice, on privilege, confidentiality or other protection grounds, prevents the subpoena from being served at all, unless revised to eliminate the objected-to commands, until the issuing court rules (Nev. R. Civ. P. 45(a)(4)(B)).

• One Hundred Miles, Except Trial Within Nevada

  On timely motion the issuing court must quash or modify a subpoena requiring a person to travel to a place more than 100 miles from where that person resides, is employed or regularly transacts business in person, unless the person is commanded to attend trial within Nevada (Nev. R. Civ. P. 45(c)(3)(A)(ii)). This is Nevada's own rule, and its trial carve-out reaches statewide.

• Costs Taxed, With a Two-Witness Cap

  Witness fees, per diem allowances, travel expenses and other reimbursement in Nevada civil cases must be taxed as disbursement costs against the defeated party on proof by affidavit that they were actually incurred. Costs are not allowed for more than two witnesses to the same fact or series of facts, and a party cannot claim fees for attending as a witness on their own behalf (NRS 50.225(5)).