2011 Nevada Revised Statutes
Chapter 218E - Legislative Investigations and Hearings; Legislative Commission and Other Committees
NRS 218E.185 - Administration of oaths; deposition of witnesses; issuance and enforcement of subpoenas; fees and mileage for witnesses.

1. In the discharge of any duty imposed or power conferred by this title or any law or resolution, the Legislative Commission has the authority to:

(a) Administer oaths.

(b) Cause the deposition of witnesses, residing either within or without the State, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts.

(c) Issue subpoenas to compel the attendance and testimony of witnesses and the production of books, papers, accounts, department records and other documents before the Legislative Commission or a subcommittee or interim or special committee established pursuant to NRS 218E.200.

2. The Legislative Commission may delegate its authority pursuant to subsection 1 to a subcommittee or interim or special committee established pursuant to NRS 218E.200.

3. If any witness fails or refuses to attend or testify or to produce the books, papers, accounts, department records or other documents required by a subpoena, the Chair of the Legislative Commission or the subcommittee or interim or special committee that issued the subpoena may report the failure or refusal to the district court by a petition which:

(a) Sets forth that:

(1) Due notice has been given of the time and place of the attendance of the witness or the production of the required books, papers, accounts, department records or other documents;

(2) The witness has been subpoenaed by the Legislative Commission or the subcommittee or interim or special committee pursuant to this section; and

(3) The witness has failed or refused to attend or testify or to produce the books, papers, accounts, department records or other documents required by the subpoena before the Legislative Commission or the subcommittee or interim or special committee named in the subpoena; and

(b) Asks for an order of the court compelling the witness to attend and testify or to produce the required books, papers, accounts, department records or other documents before the Legislative Commission or the subcommittee or interim or special committee named in the subpoena.

4. Upon such a petition, the court shall:

(a) Enter an order directing the witness:

(1) To appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order; and

(2) To show cause why the witness has not attended or testified or produced the required books, papers, accounts, department records or other documents before the Legislative Commission or the subcommittee or interim or special committee named in the subpoena; and

(b) Serve a certified copy of the order upon the witness.

5. If it appears to the court that the subpoena was regularly issued by the Legislative Commission or the subcommittee or interim or special committee, the court shall enter an order that the witness:

(a) Must appear before the Legislative Commission or the subcommittee or interim or special committee named in the subpoena at the time and place fixed in the order;

(b) Must testify or produce the required books, papers, accounts, department records or other documents; and

(c) Upon failure to obey the order, must be dealt with as for contempt of court.

6. Each witness who appears before the Legislative Commission or a subcommittee or interim or special committee by its order, except a state officer or employee, is entitled to receive for such attendance the fees and mileage provided for witnesses in civil cases in the courts of record of this State. The fees and mileage must be audited and paid upon the presentation of proper claims sworn to by the witness and approved by the Secretary and Chair of the Legislative Commission.

(Added to NRS by 1965, 1462; A 1993, 2251; 2011, 3214) (Substituted in revision for NRS 218.6821)