Okada v. Eighth Judicial District CourtAnnotate this Case
The gaming privilege in Nev. Rev. Stat. 463.120(6), which was enacted in 2017 through Senate Bill 376 and protects certain information and data provided to the gaming authorities, applies prospectively only and does not apply to any request made before the effective date of this act.
The district court applied the gaming privilege to deny a motion to compel discovery. The information was requested through discovery before the effective date of section 463.120(6) but the motion to compel was filed after that date. The Supreme Court held that the district court erred because (1) the pertinent inquiry for determining whether the gaming privilege applied to the information was the date of the initial discovery request seeking that information and not the date the requesting party sought an order from the court to compel the opposing party to comply with that discovery request; and (2) the discovery requests were made before section 463.120(6) became effective, and therefore, the statute did not apply to the information sought by those discovery requests.