1. An observer may attend an examination but shall not participate in or disrupt the examination.
2. The observer attending the examination pursuant to subsection 1 may be:
(a) An attorney of an examinee or party producing the examinee; or
(b) A designated representative of the attorney, if:
(1) The attorney of the examinee or party producing the examinee, in writing, authorizes the designated representative to act on behalf of the attorney during the examination; and
(2) The designated representative presents the authorization to the examiner before the commencement of the examination.
3. The observer attending the examination pursuant to subsection 1 may make an audio or stenographic recording of the examination.
4. The observer attending the examination pursuant to subsection 1 may suspend the examination if an examiner:
(a) Becomes abusive towards an examinee; or
(b) Exceeds the scope of the examination, including, without limitation, engaging in unauthorized diagnostics, tests or procedures.
5. An examiner may suspend the examination if the observer attending the examination pursuant to subsection 1 disrupts or attempts to participate in the examination.
6. If the examination is suspended pursuant to subsection 4 or 5, the party ordered to produce the examinee may move for a protective order pursuant to the Nevada Rules of Civil Procedure.
7. As used in this section:
(a) “Examination” means a mental or physical examination ordered by a court for the purpose of discovery in a civil action.
(b) “Examinee” means a person who is ordered by a court to submit to an examination.
(c) “Examiner” means a person who is ordered by a court to conduct an examination.
(Added to NRS by 2019, 966)
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