284.0745 - Employee-Management Committee: Subpoenas extend to all parts of state; service of subpoenas; fees, mileage and expenses of witnesses.
284.0745 Employee-Management Committee: Subpoenas extend to all parts of state; service of subpoenas; fees, mileage and expenses of witnesses.
1. A subpoena issued by the Chair of the Employee-Management Committee extends to all parts of this State and must be served in accordance with the provisions of N.R.C.P. 4(c). The Chair may not require a person named in a subpoena to attend at a place outside the county in which the person resides unless:
(a) The location of the place is less than 100 miles from the person’s primary residence; or
(b) A party, by affidavit, shows that the testimony of the person is material and necessary to the proceedings and the Chair endorses on the subpoena an order requiring the person to attend at the place named in the subpoena, regardless of its location in this State.
2. A person who appears before the Committee pursuant to a subpoena is entitled to receive fees and mileage in the same amounts and under the same circumstances as prescribed by law for a witness in a civil action in the district court, unless the person is a party to the proceeding or an officer or employee of this State or any of its political subdivisions.
3. If a person who is entitled to receive fees and mileage pursuant to subsection 2 must appear at a hearing before the Committee at a place located so far from the person’s primary residence that it is not reasonable for the person to return to that residence from day to day, the person is entitled, in addition to fees and mileage, to receive the per diem allowance and travel expenses provided for state officers and employees generally for each day of actual attendance at such a hearing and for each day necessarily occupied in traveling to and from such a hearing.
4. Except as otherwise provided in subsection 5, a party who requests that the Chair issue a subpoena to a person shall pay to the Committee the amount of any compensation for per diem and travel expenses that the person is entitled to receive from the Committee pursuant to subsection 3.
5. As part of an award of costs to the party who prevails in a proceeding, the Committee may require the party who did not prevail in the proceeding to pay to the Committee the amount of any compensation for per diem and travel expenses that the prevailing party would have otherwise been required to pay to the Committee pursuant to subsection 4.
(Added to NRS by 2003, 2002; A 2007, 594)