Davis v. District Court — Psychology rule cannot restrict civil discovery
The Nevada Supreme Court held that a psychology-board regulation cannot prevent courts from ordering disclosure of raw psychological test data in civil discovery.
The Nevada Supreme Court held that a psychology-board regulation cannot prevent courts from ordering disclosure of raw psychological test data in civil discovery.
The Nevada Supreme Court held that NRS 52.325 is not the exclusive route for authenticating medical records and ordered a new personal-injury trial after key records and medical-lien evidence were excluded.
The Nevada Supreme Court, en banc, overruled Capriati Construction Corp. v. Yahyavi and held that NRCP 68 attorney fee awards in contingency cases must reflect only the value of work performed after the offer of judgment was served — not the entire contingency fee — because fees are incurred as work is performed, not at the time of judgment. The court reversed an $818,047 award covering a 40 percent contingency fee in a case where the offer was served just 24 days before trial, four years into litigation.