2023 Nevada Legislature – Changes to Litigation Procedures, Part II

Below is a supplemental summary of new laws passed by the 2023 Nevada Legislature that may impact a Nevada employer in relation to litigation procedures. We have provided a link to Nevada’s legislative website where you can view the final text of the bill (click on “As Enrolled”).

Be sure to check Issue 27 of the KZA Employer Report for other new bills. The summary below supplements Issue 27 with an additional bill that has now become law. If you have questions about this or other bills, please contact a KZA attorney.

AB 244 – Litigation, medical exams. This bill repeals NRS 52.380 which addresses the presence of an observer during a mental or physical examination required of a party to a civil litigation matter; the Nevada Supreme Court found NRS 52.380 unconstitutional in 2021. The bill then seeks to establish “substantive rights” for a person compelled to submit to a mental or physical examination in a civil litigation matter and authorizes such a person to file a lawsuit and seek injunctive relief if those rights are violated. It became effective on June 15, 2023, and applies to examinations conducted on or after that date. 

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.