218E.725 - Administration of oaths; deposition of witnesses; issuance and enforcement of subpoenas.

218E.725  Administration of oaths; deposition of witnesses; issuance and enforcement of subpoenas.

      1.  If the Committee conducts investigations or holds hearings pursuant to NRS 218E.720:

      (a) The Chair of the Committee or, in the Chair’s absence, a member designated by the Committee may administer oaths;

      (b) The Chair of the Committee may cause the deposition of witnesses, residing within or outside of this State, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts; and

      (c) The Chair of the Committee may issue subpoenas to compel the attendance of witnesses and the production of books and papers.

      2.  If any witness refuses to attend or testify or produce any books and papers as required by the subpoena, the Chair of the Committee may report to the district court by petition, setting forth that:

      (a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) The witness has been subpoenaed by the Committee pursuant to this section; and

      (c) The witness has failed or refused to attend or produce the books and papers required by the subpoena before the Committee which is named in the subpoena, or has refused to answer questions propounded to the witness,

Ê and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the Committee.

      3.  Upon such petition, the court shall enter an order directing the witness 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 then and there show cause why the witness has not attended or testified or produced the books or papers before the Committee. A certified copy of the order must be served upon the witness.

      4.  If it appears to the court that the subpoena was regularly issued by the Committee, the court shall enter an order that the witness appear before the Committee at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order, the witness shall be dealt with as for contempt of court.

      (Added to NRS by 2009, 2547)