FJDCR 11.2

(a) Attorneys and self-represented parties will not:

(1) Act aggressively, be repetitive, ask argumentative questions, or ask questions for the purpose of intimidating a witness;

(2) Purposefully mislead a witness or attempt to trick the witness, including by mischaracterizing prior testimony or other evidence;

(3) Interrupt a witness who is answering a question posed by the attorney or self-represented litigant;

(4) Make speaking, coaching, or suggestive comments like “if you remember,” “if you know,” “don’t guess,” and “do you understand the question”;

(5) Change the witness’s words;

(6) Impede or frustrate the fair examination of a deponent in any way, including but not limited to:

(A) Frequently objecting as a means to harass the deponent or the opposing attorney;

(B) Objecting with the purpose of interrupting the flow of the deposition;

(C) Instructing a witness not to answer for any reason other than as allowed by the Nevada Rules of Civil Procedure;

(D) Making intimidating or rude comments; and

(E) Arguing with the other attorney in front of the witness;

(7) Lodge objections except to:

(A) Assert a privilege;

(B) Enforce a court-ordered limitation;

(C) Present a motion under NRCP 30(d)(3);

(D) Object to a party’s or attorney’s conduct;

(E) Object to a lack of foundation;

(F) Object to the form of a question where the objection would be waived if not made:

(i) Objections to the form of the question are limited to stating “objection to the form of the question” and concisely identifying the specific way the form is objectionable without argument or coaching;

(ii) Appropriate deposition form objections are: ambiguous, vague or unintelligible, argumentative, calls for a narrative, calls for speculation, compound, leading, mischaracterizes/misstates the witness’s prior testimony, and mischaracterizes/misstates the evidence.

(b) Attorneys and self-represented parties will:

(1) Before the deposition, provide all attorneys and self-represented parties with a copy of all documents that will be shown to the deponent;

(2) During a deposition taken remotely or by audio/visual means, contemporaneously provide all participants with an electronic copy of any document used at the deposition, and the examiner will display a document on the video feed during a remote video deposition while questioning the witness about the document;

(c) The party defending the deposition may:

(1) Clarify an unclear question; for example, they may ask the questioner:

(A) What month or year the questioner is asking about (if the time period matters);

(B) Who the questioner is referring to when using the pronouns “he,” “she,” or “they,” or what the questioner is referring to when using the word “it.”

(C) Ask the questioner about the origin or completeness of an exhibit if, for example, the exhibit:

(i) Lacks a Bates number;

(ii) Is missing an attachment;

(iii) Appears to be an improper compilation of different documents; or

(iv) Otherwise appears improper, incomplete, or over-inclusive.

(2) Such clarification must be unobtrusive and sought in good faith.

(d) Witnesses will:

(1) Give direct answers to straightforward questions and not give non-responsive narratives;

(2) A witness who fails to comply with this rule may be stricken as a witness.