Of course, the scope of the requests is limited by NRCP 26 b which authorizes parties to obtain discovery regarding any matter not privileged. See, State ex rel. Tidvall v. Eighth Judicial Dist. Court ex rel. County of Clark, 91 Nev. In other words, the material sought should be relevant to the issues of the case. There is no numerical limit to the number of Requests for Production that can be asked as there is a limit on the number of Interrogatories that can be asked. However, Parties should be reasonable in making Discovery Requests.
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Federal Rules were last updated in and the changes were thought to be significant. Welcomed by some and scorned by others, those changes are still being evaluated and applied by judges across the country. Like revisions to the federal rules, I have had differences with the way in which the Sedona Conference has drafted recommendations for some rules; but, this recent Rule 34 primer provides excellent guidance and food for thought. It is well worth the read and very instructive on best practices. The revisions to Rule 34 were legitimately aimed at reining in overly broad discovery requests and eliminating the hated boiler plate objections. We can all probably agree, at least intellectually, that neither overly broad requests for production nor banal boiler plate objections are productive to moving litigation forward. Plaintiffs should appear ready and prepared to discuss the information and data they will seek to discover and have the knowledge to understand technical responses provided. Defendants should be prepared to discuss substantive discovery issues including:. What can plaintiffs do to help facilitate smoother and more considered discovery?
As things currently stand now, the current HOS rules, which took effect in July , are as follows:. But, at the same time, many carriers view them as so onerous that by following them to the letter of the law can make things unsafe, too. That said, it makes for a difficult situation on all sides. It is unknown what the clear next steps are until more visibility is provided. But one thing for sure is that this situation is far from over. When the Electronic Logging Device ELD mandate took effect in late , it did remove some capacity from the market, but not as much as was originally expected. In mid, market conditions have changed as capacity has loosened and demand is not at the heightened levels of a year ago.
The hour restart rule enables drivers to reset their hour or hour clocks after taking 34 consecutive hours off duty. But what does this mean? The hour restart rule has gone through so many changes that it can be quite hard to keep track of how the rule actually works. As per Hours-of-Service rules , the hour restart rule allows commercial motor vehicle drivers to reset their hour or hour clocks. In some circumstances, this will enable drivers to get back on the road quickly. Drivers can take advantage of the rule by taking at least 34 consecutive hours in the sleeper berth, off-duty, or a combination of both. The hour restart rule has gone through a few changes. The provisions that went into effect on July 1, , were suspended by Congress in the Omnibus Appropriations Bill