Discovery is a process that permits litigants to obtain information (including electronically stored information), documents, and tangible things that are relevant to their pending lawsuit. The basic rules that govern the discovery process are found in the Nevada Rules of Civil Procedure; however, the discovery process is also impacted by case decisions and statutes. In addition, parties must comply with local court rules that pertain to discovery.

In the Second Judicial District Court, discovery disputes generally are referred to the Discovery Commissioner. If all parties are in agreement, they may contact the Discovery Commissioner's office and schedule an informal conference (which can be held telephonically or in the Discovery Commissioner's hearing room). At that time, the parties may discuss the matter with the Discovery Commissioner in an effort to avoid the filing of a formal discovery motion.

If the parties do not agree to participate in an informal conference, or if the informal conference does not resolve the dispute, any party may file a discovery motion. Discovery motions are filed with the Court and will not be decided until formally submitted, as required by local rule. The party filing a discovery motion generally must show that it first tried to resolve the discovery dispute through consultation with the party or other person who failed to comply with a discovery request. If the moving party wants to accelerate the briefing process, it must obtain an order shortening time for filing any opposition to the motion directly from the district judge in accordance with the applicable local rules.

Discovery motions typically are decided without a formal hearing, but the Discovery Commissioner generally will hold a hearing if all parties agree and request one. If a hearing is scheduled, it may be conducted telephonically. In the event any hearing is scheduled, all parties who have appeared in the case are entitled to notice of the hearing, regardless of whether a party is involved in the discovery dispute.

In deciding a discovery motion, the Discovery Commissioner will file and serve a recommended order. Any party may file and serve a written objection to that decision within fourteen (14) days after being served with a copy of the decision. In the event of an objection, the district judge will resolve the dispute after considering the recommendation and all related filings.