(2)(A) A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials or of the premises. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production. Such an order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection and copying commanded. (3)(A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance; (ii) requires a person who is not a party or an officer of a party to travel to a place more than 100 miles from the place where that person resides, is employed or regularly transacts business in person, except that such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held, or (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies, or (iv) subjects a person to undue burden. (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert’s opinion or information not describing specific events or occurrences in dispute and resulting from the expert’s study made not at the request of any party, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions. (d) Duties in Responding to Subpoena. (1) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand. (2) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim. (e) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued. [As amended; effective July 1, 2005.] RULE 46. EXCEPTIONS UNNECESSARY Formal exceptions to rulings or orders of the court are unnecessary; but for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which the party desires the court to take or the party’s objection to the action of the court and the party’s grounds therefor; and, if a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice the party. [As amended; effective July 1, 2005.] RULE 47. SIZE OF JURY; JUROR SELECTION AND VOIR DIRE (a) Size of Jury. The jury shall be composed of 4 jurors. For good cause shown to the court, a party may request a jury of 6 members and, unless otherwise stipulated, additional jurors’ fees for a 6-member jury shall be paid by the party requesting the same within 10 days after approval by the court of the jury expansion request. (b) Juror Selection. Twelve potential jurors will be selected from the county jury pool for a jury of 4 members; 14 potential jurors will be selected for a jury of 6 members. If, after the exercise of all peremptory challenges or challenges for cause, the resulting jury panel is greater than 4 members for a 4-member jury, the first 4 members called will constitute the jury panel. In the event the resulting jury panel is greater than 6 members for a 6-member jury, the first 6 members called will constitute the jury panel. (c) Examination of Jurors. Each side shall be allowed 15 minutes of voir dire, which time shall not be deducted from the 2 hours of presentation time provided under Rule 39A(c). (d) Challenges. Each side shall be allowed to strike 2 jurors by peremptory challenge. Challenges for cause will remain the same as provided by statute. (e) Alternate Juror. The court may direct that one juror in addition to the regular jury be called and impaneled to sit as an alternate juror. The alternate juror shall replace a juror who, prior to the time the jury retires to consider its verdict, becomes or is found to be unable or disqualified to perform his or her duties. The alternate juror shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath, and shall have the same functions, powers, facilities, and privileges as the regular jurors. An alternate juror who does not replace a regular juror shall be discharged after the jury retires to consider its verdict. [As amended; effective July 1, 2005.] RULE 48. MAJORITY VERDICT A verdict or a finding of 3 of the jurors shall be taken as a verdict or finding of the jury composed of 4 members. For a 6-member jury, a verdict or a finding of 5 of the jurors shall be taken as a verdict or finding of the jury. [As amended; effective July 1, 2005.] RULE 49. SPECIAL VERDICTS AND INTERROGATORIES

Vegas Law