Expert Witnesses in Nevada
In Nevada, an expert witness is generally a person who possesses scientific, technical, or other specialized knowledge that will assist the trier of fact in understanding the evidence or determining a fact in issue.
Rules Governing Disclosure
Nevada has relatively detailed expert-disclosure requirements that are modeled in significant part on the federal rules.
For an expert who is retained or specially employed to provide testimony, the disclosure must be accompanied by a written report prepared and signed by the expert under NRCP 16.1(a)(2)(B).
The report must contain:
A complete statement of all opinions the expert will express;
The basis and reasons for those opinions;
The facts or data considered by the expert;
Any exhibits the expert intends to use;
The expert's qualifications;
A list of publications authored within the previous 10 years;
A list of cases in which the expert testified at trial or deposition during the previous 4 years; and
The compensation being paid for the expert's work and testimony.
Admissibility Standards
Nevada admits expert testimony under NRS 50.275 when the expert is qualified, the testimony will assist the trier of fact, and the opinions are limited to the expert's field, with courts closely examining whether the opinions rest on a reliable methodology.
Attorney–Expert Communication Protection
Nevada provides protections similar to those found in Federal Rule 26.
Generally protected are:
Draft expert reports; and
Most communications between counsel and a retained expert.
However, protection does not ordinarily extend to communications concerning:
Expert compensation;
Facts or data provided by counsel and considered by the expert; or
Assumptions supplied by counsel that the expert relied upon.
Compensation
Nevada allows experts to be compensated for their work, requires disclosure of those compensation arrangements, and may permit recovery of certain expert fees by the prevailing party.
Limits on Number of Expert Witnesses
The Nevada Rules of Civil Procedure require disclosure of experts and regulate the timing and content of those disclosures, but they do not set a fixed cap on the number of experts a party may use.
Out-of-State Expert Qualification
A physician, engineer, accountant, or other specialist does not automatically become disqualified because they hold a license in another state rather than Nevada. The court's primary concern is the expert's qualifications and the reliability of the proposed testimony.
