The issue here is whether a witness originally designated as a testifying expert who is then later de-designated may be deposed or called to testify at trial by an opposing party. The Court held that after an expert report has been disclosed, a testifying expert witness cannot regain the confidentiality protections of NRCP 26(b)(4)(B) by being de-designated as a non-testifying expert. The Court reasoned that after an expert witness loses protection under the statute that it is at the discretion of the district court as to whether the expert may be deposed or called to testify at trial by an opposing party.
Nevada Supreme Court Summaries
McClendon v. Collins, 132 Nev. Adv. Op. 28 (April 21, 2016)