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(12) An order for a separate trial pursuant to Rule 42(b) with respect to a claim, counterclaim, cross-claim, or with respect to any particular issue in the case; (13) An order establishing a reasonable limit on the time allowed for presenting evidence; and (14) Such other matters as may facilitate the just, speedy, and inexpensive disposition of the action. At least one of the attorneys for each party participating in any conference before trial shall have authority to enter into stipulations and to make admissions regarding all matters that the participants reasonably anticipate may be discussed. If appropriate, the court may require that a party or its representative be present or reasonably available by telephone in order to consider possible settlement of the dispute. [As amended; effective January 1, 2005.] (d) Final Pretrial Conference. Any final pretrial conference shall be held as close to the time of trial as reasonable under the circumstances. The participants at any such conference shall formulate a plan for trial, including a program for facilitating the admission of evidence. The conference shall be attended by at least one of the attorneys who will conduct the trial for each of the parties and by any unrepresented parties. [As amended; effective January 1, 1988.] (e) Pretrial Orders. After any conference held pursuant to this rule, an order shall be entered reciting any action taken. This order shall control the subsequent course of the action unless modified by a subsequent order. The order following a final pretrial conference shall be modified only to prevent manifest injustice. [As amended; effective January 1, 1988.] (f) Sanction. If a party or party’s attorney fails to obey a scheduling or pretrial order, or if no appearance is made on behalf of a party at a scheduling or pretrial conference, or if a party or party’s attorney is substantially unprepared to participate in the conference, or if a party or party’s attorney fails to participate in good faith, the judge, upon motion or the court’s own initiative, may make such orders with regard thereto as are just, including any of the orders provided in Rule 37(b)(2)(B), (C), (D). In lieu of or in addition to any other sanction, the judge shall require the party or the attorney representing the party or both to pay the reasonable expenses incurred because of any noncompliance with this rule, including attorney’s fees, unless the judge finds that the noncompliance was substantially justified or that other circumstances make an award of expenses unjust. [As amended; effective January 1, 2005.] Drafter’s Note 2004 Amendment The rule is amended to conform to the 1993 amendments to the federal rule, with some exceptions. Application of subdivision (b) is no longer limited to cases not designated as complex litigation pursuant to Rule 16.1(f). The amendments change the deadline for entry of the scheduling order by calculating it from the filing of the case conference report required by Rule 16.1 rather than from the filing of the complaint. This provision differs from the federal rule, which provides that the scheduling order must issue within 90 days after the appearance of a defendant and within 120 days after the complaint has been served on a defendant. Paragraphs (5) and (6) of the federal rule are renumbered as paragraphs (4) and (5) in Nevada’s rule. Nevada has not adopted paragraph (4) of the federal rule, added in 1993, which provides that the scheduling order may also include ‘‘modifications of the times for disclosures under Rules 26(a) [cf. N.R.C.P. 16.1(a)] and 26(e)(1) and of the extent of discovery to be permitted.’’ The revisions to subdivision (c) expand the topics to be discussed at a pretrial conference, including pretrial review and redirection to alternative dispute resolution. The amended rule conforms to the 1993 amendments, with two exceptions. Omitted federal provisions are paragraph (6), which allows the court to take appropriate action with respect to ‘‘the control and scheduling of discovery, including orders affecting disclosures and discovery pursuant to Rule 26 and Rules 29 through 37,’’ and paragraph (14) which provides for ‘‘an order directing a party or parties to present evidence early in the trial with respect to a manageable issue that could, on the evidence, be the basis for a judgment as a matter of law under Rule 50(a) or a judgment on partial findings under Rule 52(c).’’ Paragraphs (5), (12) and (13) are new and conform to paragraphs (5), (13) and (15) respectively of the federal rule. Existing paragraphs (5) through (10) and paragraph (12) are renumbered and paragraph (11) concerning limitation of the number of experts is eliminated. Subdivision (c) is further amended to permit the court to require that a party or its representative be present or reasonably available by telephone during the pretrial conference to consider possible settlement of the dispute. The amendment to subdivision (f) is technical. RULE 16.1. MANDATORY PRETRIAL DISCOVERY REQUIREMENTS (a) Required Disclosures. (1) Initial Disclosures. Except in proceedings exempted or to the extent otherwise stipulated or directed by order, a party must, without awaiting a discovery request, provide to other parties: (A) The name and, if known, the address and telephone number of each individual likely to have information discoverable under Rule 26(b), including for impeachment or rebuttal, identifying the subjects of the information; (B) A copy of, or a description by category and location of, all documents, data compilations, and tangible things that are in the possession, custody, or control of the party and which are discoverable under Rule 26(b); (C) A computation of any category of damages claimed by the disclosing party, making available for inspection and copying as under Rule 34 the documents or other evidentiary matter, not privileged or protected from disclosure, on which such computation is based, including materials bearing on the nature and extent of injuries suffered; and (D) For inspection and copying as under Rule 34 any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment and any disclaimer or limitation of coverage or reservation of rights under any such insurance agreement. These disclosures must be made at or within 14 days after the Rule 16.1(b) conference unless a different time is set by stipulation or court order, or unless a party objects during the conference that initial disclosures are not appropriate in the circumstances of the action and states the objection in the Rule 16.1(c) case conference report. In ruling on the objection, the court must determine what disclosures—if any—are to be made, and set the time for disclosure. Any party first served or otherwise joined after the Rule 16.1(b) conference must make these disclosures within 30 days after being served or joined unless a different time is set by stipulation or court order. A party must make its initial disclosures based on the information then reasonably available to it and is not excused from making its disclosures because it has not fully completed its investigation of the case or because it challenges the sufficiency of another party’s disclosures or because another party has not made its disclosures. (2) Disclosure of Expert Testimony. (A) In addition to the disclosures required by paragraph (1), a party shall disclose to other parties the identity of any person who may be used at trial to present evidence under NRS 50.275, 50.285 and 50.305. (B) Except as otherwise stipulated or directed by the court, this disclosure shall, with respect to a witness who is retained or specially employed to provide expert testimony in the case or whose duties as an employee of the party regularly involve giving expert testimony, be accompanied by a written report prepared and signed by the witness. The court, upon good cause shown or by stipulation of the parties, may relieve a party of the duty to prepare a written report in an appropriate case. The report shall contain a complete statement of all opinions to be expressed and the basis and reasons therefor; the data or other information considered by the witness in forming the opinions; any exhibits to be used as a summary of or support for the opinions; the qualifications of the witness, including a list of all publications authored by the witness within the preceding 10 years; the compensation to be paid for the study and testimony; and a listing of any other cases in which the witness has testified as an expert at trial or by deposition within the preceding four years. (C) These disclosures shall be made at the times and in the sequence directed by the court. In the absence of extraordinary circumstances, the court shall direct that the disclosures shall be made at least 90 days before the discovery cut-off date or, if the evidence is intended solely to contradict or rebut evidence on the same subject matter identified by another party under paragraph (2)(B), within 30 days after the disclosure made by the other party. The parties shall supplement these disclosures when required under Rule 26(e)(1). (3) Pretrial Disclosures. In addition to the disclosures required by Rule 16.1(a)(1) and (2), a party must provide to other parties the following information regarding the evidence that it may present at trial, including impeachment and rebuttal evidence:

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