Las Vegas Development Associates, LLC v. Eighth Judicial District Court

Summary

The Nevada Supreme Court denied a petition for a writ of prohibition or mandamus challenging an order compelling production of attorney-prepared memoranda and handwritten notes used by a witness to refresh his recollection before a deposition. The court held that NRS 50.125 applies to depositions as well as in-court hearings and requires production of writings used to refresh memory, even when protected by the attorney-client privilege or work-product doctrine. The court concluded that the district court properly ordered production of the unredacted memoranda.

Holdings

1. KB Home established a sufficient foundation because it confirmed that Holman reviewed the memoranda, the purpose of reviewing them, and that the review refreshed his recollection.
2. NRS 50.125 operates as a waiver of attorney-client privilege and work-product protection when a witness uses a privileged writing to refresh recollection before or during testimony, requiring production, inspection, cross-examination, and use of relevant portions for impeachment.
3. NRS 50.125 applies to depositions and deposition testimony as well as to in-court hearings.

Questions Presented

1. Whether KB Home laid a sufficient foundation to invoke NRS 50.125 for writings reviewed by Holman to refresh his recollection.
2. Whether NRS 50.125 requires disclosure of writings used to refresh a witness's recollection notwithstanding the attorney-client privilege and work-product doctrine.
3. Whether the term "hearing" in NRS 50.125 includes depositions and deposition testimony.
4. Whether the district court properly ordered production of the unredacted attorney-prepared memoranda.

Disposition

writ_denied