Nevada deposition rules: NRCP 30 in plain English, from the court reporter's chair

Where depositions fit in a Nevada case

Discovery in a Nevada district court case does not open when the complaint is filed. The gate is the early case conference under NRCP 16.1, a statewide rule with no Clark or Washoe local supplement. NRCP 26(a) then sets the start: discovery may begin "At any time after the filing of a joint case conference report, or not sooner than 14 days after a party has filed a separate case conference report, or upon order by the court or discovery commissioner." Deposing anyone before that time requires leave of court, with one narrow exception.

In Clark County the clock also has an end. EDCR 1.90(a)(2) directs judges to ensure that "pretrial discovery is completed within 18 months from the filing of the joint case conference report," or 24 months in complex litigation as defined in NRCP 16.1(f); the EDCR 2.55 discovery scheduling order sets the actual cutoff.

Disputes about a deposition go first to a discovery commissioner in both large districts. In Clark County, EDCR 2.34 provides that all discovery disputes "must be heard first by the discovery commissioner," and bars any discovery motion not accompanied by an affidavit that counsel conferred, or tried in good faith to confer, without success. In Washoe County, WDCR 24 records the automatic referral of all discovery proceedings to the discovery commissioner, and WDCR 12(6) requires a certificate of consultation on every discovery motion. The WDCR otherwise contain no rule that mentions depositions; Clark County's extra layer, Administrative Order 22-08 on deposition behavior, has no Washoe counterpart.

Who may be deposed, and when leave of court is required

The starting point is broad. Under NRCP 30(a), a party may depose "any person, including a party, without leave of court except as provided in Rule 30(a)(2)," and a nonparty's attendance "may be compelled by subpoena under Rule 45" (see our guide to deposition subpoenas in Nevada). NRCP 30(a)(2) lists when leave is required, and directs that "the court must grant leave to the extent consistent with Rule 26(b)(1) and (2)." Unless the parties have stipulated to the deposition, leave is needed if:

• the deposition "would result in more than 10 depositions being taken under this rule or Rule 31 by the plaintiffs, or by the defendants, or by the third-party defendants, not counting any deposition that is solely a custodian-of-records deposition" (NRCP 30(a)(2)(A)(i)); the custodian exclusion is a Nevada addition;
• "the deponent has already been deposed in the case";
• the party "seeks to take the deposition before the time specified in Rule 26(a), unless the party certifies in the notice, with supporting facts, that the deponent is expected to leave Nevada and be unavailable for examination in the state after that time" (NRCP 30(a)(2)(A)(iii)).

Leave is always required to depose a deponent who "is confined in prison," stipulation or not. The 10-per-side limit is a default: NRCP 26(b)(2)(A) lets the court alter the number and length of depositions, and the parties may stipulate around the limits under NRCP 29.

The notice of deposition: 14 days and what it must say

Nevada fixes a minimum notice period the federal rule leaves open. NRCP 30(b)(1): "A party who wants to depose a person by oral questions must give not less than 14 days' written notice to every other party. The notice must state the time and place of the deposition and, if known, the deponent's name and address." If the deponent must bring documents under a subpoena duces tecum, the materials "must be listed in the notice or in an attachment" (NRCP 30(b)(2)), and a notice to a party deponent may be accompanied by a Rule 34 request to produce at the deposition.

The notice also fixes how testimony is captured. NRCP 30(b)(3)(A): "The party who notices the deposition must state in the notice the method for recording the testimony. Unless the court orders otherwise, testimony may be recorded by audio, audiovisual, or stenographic means. The noticing party bears the recording costs." Any other party may add a second method, such as video alongside the stenographic record, with prior notice and at its own expense unless the court orders otherwise (NRCP 30(b)(3)(B)).

Remote depositions rest on NRCP 30(b)(4): "The parties may stipulate - or the court may on motion order - that a deposition be taken by telephone or other remote means," and the deposition "takes place where the deponent answers the questions." Our guide to remote depositions under Nevada rules covers the stipulation, the oath and the location questions.

From the scheduling desk: the recording method in the notice is what we staff to. Tell us at booking whether it says stenographic, audiovisual, or both, so the right reporter and, if needed, a legal videographer are assigned.

The officer: who presides and what the reporter says on the record

A deposition has no judge, but it has an officer. NRCP 30(b)(5)(A): "Unless the parties stipulate otherwise, a deposition must be conducted before an officer appointed or designated under Rule 28." NRCP 28(a)(1) describes that officer as one "authorized to administer oaths either by federal law or by the law in the place of examination," or a person appointed by the court. NRS 656.315 lets a Nevada certified court reporter "administer oaths and affirmations without being appointed as a notary public," which is why the reporter is ordinarily the officer (NAC 656.280(2) requires a licensed firm to provide the officer only through a court reporter or certified court reporter-voice writer). NRCP 28(c) disqualifies "any party's relative, employee, or attorney," anyone related to or employed by a party's attorney, and anyone "financially interested in the action."

The rule scripts the opening. Under NRCP 30(b)(5)(A) the officer "must begin the deposition with an on-the-record statement that includes" the officer's name and business address; the date, time and place; the deponent's name; the administration of the oath or affirmation; and "the identity of all persons present." For a video or audio recording, NRCP 30(b)(5)(B) requires the officer to repeat the first three items "at the beginning of each unit of the recording medium," and the deponent's and attorneys' "appearance or demeanor must not be distorted through recording techniques." At the end, under NRCP 30(b)(5), the officer "must state on the record that the deposition is complete" and set out any stipulations about custody of the transcript, recording and exhibits, which is where read-and-sign stipulations go.

Examination, objections, and the three grounds for instructing a witness not to answer

Questioning follows trial rules, with two carve-outs. NRCP 30(c)(1): "The examination and cross-examination of a deponent proceed as they would at trial under Nevada law of evidence, except NRS 47.040-47.080 and NRS 50.155." The same subsection requires the testimony to be recorded "by the officer personally or by a person acting in the presence and under the direction of the officer."

Objections are preserved, and the deposition keeps going. Under NRCP 30(c)(2) an objection to any aspect of the deposition "must be noted on the record, but the examination still proceeds; the testimony is taken subject to any objection," and it "must be stated concisely in a nonargumentative and nonsuggestive manner."

There are only three grounds for telling a witness not to answer. NRCP 30(c)(2): "A person may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation ordered by the court, or to present a motion under Rule 30(d)(3)." Everything else is noted, and the witness answers.

In Clark County, Administrative Order 22-08 adds a detailed objection regime (two-part form objections, nine appropriate form objections, no speaking or string objections); our guide to the Clark County deposition behavior order walks through it.

One day of seven hours, counted on the record

NRCP 30(d)(1) sets the default: "Unless otherwise stipulated or ordered by the court, a deposition is limited to 1 day of 7 hours of testimony." The court "must allow additional time consistent with Rule 26(b)(1) and (2) if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination."

How the hours are counted comes from the 2019 Advisory Committee Note to Rule 30: "The '7 hours of testimony' specified in Rule 30(d)(1) means 7 hours on the record. The time taken for convenience breaks, recess for a meal, or an adjournment under Rule 30(d)(3) does not count as deposition time." Administrative Order 22-08 repeats that reading for Clark County.

The note also addresses breaks: a discussion between the deponent and counsel during a convenience break "is not privileged unless counsel called the break to preserve a privilege, to enforce a limitation ordered by the court, or to present a motion under Rule 30(d)(3)." After a privilege-assessment break, counsel for the deponent must place on the record that a conference took place, its subject, and its result, citing Coyote Springs Inv., LLC v. Eighth Judicial Dist. Court, 131 Nev. 140, 149, 347 P.3d 267, 273 (2015).

From the reporter's chair: the seven hours are measured by our record of on and off times. Ask for the running total at any break.

Sanctions, and the motion to terminate or limit a deposition

NRCP 30(d) gives the rule teeth. The court "may impose an appropriate sanction - including the reasonable expenses and attorney fees incurred by any party - on a person who impedes, delays, or frustrates the fair examination of the deponent."

When a deposition goes badly wrong, NRCP 30(d)(3) lets the deponent or a party move to terminate or limit it "on the ground that it is being conducted in bad faith or in a manner that unreasonably annoys, embarrasses, or oppresses the deponent or party." On demand, "the deposition must be suspended for the time necessary to obtain an order." The court may terminate the deposition or limit its scope and manner as provided in Rule 26(c); a terminated deposition "may be resumed only by order of the court where the action is pending," and expenses follow Rule 37(a)(5). In Clark County, Administrative Order 22-08 adds that, if all counsel agree, the discovery commissioner will take a call during a deposition, and that a motion about deposition behavior requires an EDCR 2.34 meet-and-confer first.

Review by the witness, certification, sealing, exhibits and copies

Review is covered by NRCP 30(e). The request must be made "by the deponent or a party before the deposition is completed"; the deponent then has 30 days after the officer's notice that the transcript or recording is available to review it and, "if there are changes in form or substance, to sign a statement listing the changes and the reasons for making them" (NRCP 30(e)(1)). The officer's certificate notes whether review was requested and attaches any changes (NRCP 30(e)(2)); see our guide to reading and signing a Nevada transcript for the errata sheet process.

Certification is the reporter's signature on the record. NRCP 30(f)(1): "The officer must certify in writing that the witness was duly sworn and that the deposition accurately records the witness's testimony." Unless the court orders otherwise, the officer seals the deposition, marked "Deposition of [witness's name]," and sends it to the attorney who arranged for the transcript or recording, who must store it against "loss, destruction, tampering, or deterioration."

Exhibits fall under NRCP 30(f)(2): documents produced for inspection "must, on a party's request, be marked for identification and attached to the deposition," and any party may inspect and copy them; a person who wants to keep originals may substitute verified copies. Under NRCP 30(f)(3) the officer retains the stenographic notes or a copy of the recording unless otherwise stipulated or ordered, and "When paid reasonable charges, the officer must furnish a copy of the transcript or recording to any party or the deponent."

No-shows, and Nevada's expert-fee rule, NRCP 30(h)

If the noticing party does not show up, or never subpoenaed the nonparty witness, the other side recovers its costs. NRCP 30(g): a party who attends "may recover reasonable expenses for attending, including attorney fees, if the noticing party failed to: (1) attend and proceed with the deposition; or (2) serve a subpoena on a nonparty deponent, who consequently did not attend."

NRCP 30(h) has no counterpart in the federal rule; the 2019 committee note says the amendments "retain NRCP 30(h), which governs fees associated with expert depositions." A party deposing an expert "must pay the reasonable and customary hourly or daily fee for the actual time consumed in the examination of that expert," and any other party who questions the expert pays for its own examination time. On the expert's request the fee is tendered in advance, with any balance due within 30 days of the expert's invoice; the party who identified the expert pays for preparation and transcript review. A party who thinks the fee is unreasonable may move to have the court set it, after a good-faith attempt at informal resolution and with notice to the expert, and Rule 37 sanctions may follow against the party who does not prevail.

The 2019 restyling (ADKT 0522) and how NRCP 30 differs from FRCP 30

Every Nevada deposition rule cited here carries the history line "[Amended; effective March 1, 2019.]" That revision was the Supreme Court of Nevada's ADKT 0522, a comprehensive restyling "Modeled in part on the 2018 version of the Federal Rules of Civil Procedure" that retains and adds "certain Nevada-specific provisions." Compared with FRCP 30 as of December 1, 2025, the differences that matter are:

• Notice: "not less than 14 days' written notice" in Nevada (NRCP 30(b)(1)); "reasonable written notice" federally.
• The 10-deposition limit: Nevada excludes a deposition "that is solely a custodian-of-records deposition" (NRCP 30(a)(2)(A)(i)); the federal rule has no custodian exclusion.
• Early depositions: Nevada keys to the Rule 26(a) time and a deponent "expected to leave Nevada" (NRCP 30(a)(2)(A)(iii)); the federal rule keys to the Rule 26(d) time and a deponent expected to leave the United States.
• Rule 30(b)(6): no confer requirement in the Nevada text; the federal rule, since 2020, requires the serving party and the organization to "confer in good faith about the matters for examination." See our Rule 30(b)(6) guide.
• Evidence law: Nevada law of evidence "except NRS 47.040-47.080 and NRS 50.155" (NRCP 30(c)(1)); federally, the Federal Rules of Evidence except Rules 103 and 615.
• Expert fees: NRCP 30(h) is Nevada-only; federal expert deposition fees arise under Rule 26(b)(4)(E), not Rule 30.

Depositions in court-annexed arbitration and the Short Trial Program

Many Las Vegas civil cases are routed into the Court Annexed Arbitration Program, "a mandatory, nonbinding arbitration program" under NAR 1 that reaches all civil district court cases unless exempted by NAR 5 (NAR 3(a)). There is no numeric deposition limit in those cases. NAR 11 (amended effective March 12, 2026): "The extent to which discovery is allowed, if at all, is at the discretion of the arbitrator," with discovery types "those permitted by the NRCP, consistent with the proportionality standard set forth in NRCP 26(b)," and all discovery disputes heard by the arbitrator. The current Nevada Arbitration Rules do not use the word "deposition" at all; the older sentence letting the arbitrator permit a deposition "for use as evidence at the hearing" is no longer in the text.

The Short Trial Program works the same way. NSTR 8: "The extent to which discovery is allowed is in the discretion of the short trial judge. The short trial judge shall resolve all disputes relating to discovery." NSTR 1(c) applies the NRCP except as the short trial rules specify, so the NRCP 30(b)(3)(A) default that the noticing party bears recording costs carries over, and NSTR 15 lets each party "quote directly from relevant depositions and video depositions" at the short trial.

Currency of this guide

This guide reflects the NRCP as amended through October 31, 2025 (NRCP 30 and the other deposition rules last amended effective March 1, 2019); EDCR and WDCR through October 31, 2025; the Nevada Arbitration Rules and Nevada Short Trial Rules through March 12, 2026; NRS 656 as revised in 2025; NAC 656 as of its April 13, 2026 page revision; and Administrative Order 22-08 as listed on the Eighth Judicial District Court's index with no amending order as of October 2026. Confirm the current text with your attorney before relying on any deadline.

Common questions

How much notice does a deposition require in Nevada?

NRCP 30(b)(1) requires "not less than 14 days' written notice to every other party." The federal rule requires only reasonable notice, so the fixed 14 days is a Nevada-specific point. Separately, NRCP 32(a)(5)(A) bars use at trial of a deposition taken on less than 14 days' notice against a party whose prompt motion for a protective order was still pending.

How many depositions can each side take?

Ten per side without leave of court or a stipulation, under NRCP 30(a)(2)(A)(i). Nevada does not count a deposition that is solely a custodian-of-records deposition. In Clark County, Administrative Order 22-08 treats multiple Rule 30(b)(6) designees as collectively one deposition toward that limit.

How long can a deposition last?

One day of seven hours of testimony, unless the parties stipulate or the court orders otherwise (NRCP 30(d)(1)). The 2019 committee note makes clear this means seven hours on the record; convenience breaks, meal recesses and adjournments under Rule 30(d)(3) do not count. The court must allow more time if needed to fairly examine the witness or if someone impedes the examination.

Can a lawyer instruct the witness not to answer?

Only in three situations under NRCP 30(c)(2): to preserve a privilege, to enforce a limitation ordered by the court, or to present a motion to terminate or limit under Rule 30(d)(3). Every other objection is noted on the record and the examination proceeds.

Who pays for the court reporter and the video?

Under NRCP 30(b)(3)(A), the noticing party states the recording method and "bears the recording costs." A party that adds a second method, such as video alongside the stenographic record, bears the expense of that additional record unless the court orders otherwise (NRCP 30(b)(3)(B)). Any party may obtain a copy of the transcript on paying reasonable charges (NRCP 30(f)(3)).

Does the 10-deposition limit apply in arbitration or short trial cases?

Neither rule set states a numeric limit. Under NAR 11 the extent of discovery, if any, is in the arbitrator's discretion, and under NSTR 8 it is in the short trial judge's discretion. Both rule sets send all discovery disputes to the arbitrator or short trial judge.

Who presides at a Nevada deposition?

An officer appointed or designated under NRCP 28, unless the parties stipulate otherwise (NRCP 30(b)(5)(A)). A Nevada certified court reporter may administer oaths without a notary commission under NRS 656.315, which is why the reporter ordinarily serves as the officer. The officer may not be a party's relative, employee or attorney, or anyone financially interested in the case (NRCP 28(c)).

Who pays an expert witness for deposition time?

Under NRCP 30(h), a rule with no federal counterpart, the party taking the deposition pays the expert's reasonable and customary hourly or daily fee for the time it spends examining the expert, and any other party pays for its own examination time. The party who identified the expert pays for the expert's preparation and transcript review.