631.366 - Enforcement of subpoena by district court.
631.366 Enforcement of subpoena by district court.
1. The district court for the county in which any investigation or hearing is being conducted by the Board may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpoena issued by or on behalf of the Board.
2. If any witness refuses to attend or testify or produce any papers required by a subpoena, the Board may so report to the district court for the county in which the investigation or hearing is pending by petition, setting forth:
(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in the manner prescribed in this chapter;
(c) That the witness has failed and refused to attend or produce the papers required by subpoena before the Board in the investigation or hearing named in the subpoena, or has refused to answer questions propounded to him or her in the course of the investigation or hearing;
(d) That the subpoena identified specifically any documents or the subject of any testimony required;
(e) That the documents or testimony were relevant to the allegations being investigated or heard; and
(f) That no reasonable cause exists for the failure or refusal to comply with the subpoena,
Ê and requesting an order of the court compelling the witness to attend and testify or produce the books or papers before the Board.
3. The court, upon petition of the Board, 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, not more than 10 days after the service of the order, and show cause why the witness has not attended or testified or produced the books or papers before the Board. A certified copy of the order must be served upon the witness. If it appears to the court that the subpoena was regularly issued by or on behalf of the Board and there is no reasonable cause for the refusal or failure to comply, the court shall thereupon enter an order that the witness appear before the Board 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 must be dealt with as if in contempt of court.
4. The court may consider, in determining whether reasonable cause existed for the witness’s refusal or failure to comply with the subpoena, such factors as:
(a) The burden or cost of compliance, financial or otherwise, to the witness;
(b) The time allowed for compliance;
(c) The extent of the information requested in relation to the nature of the underlying charge; and
(d) The extent of the statistical information necessary to investigate the charge adequately.
(Added to NRS by 1983, 1109; A 2007, 508)