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Detailed Answer

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

1. Understand When a Subpoena Is Necessary

In Nevada estate proceedings, parties often need bank statements, deeds or other documents. When a personal representative or interested party cannot obtain records voluntarily, they may request the court to issue a subpoena under NRS Chapter 52. A subpoena compels a third party to produce documents or testify.

2. Draft the Subpoena

Use Nevada Supreme Court-approved forms or draft a subpoena that includes:

• Name of the court and case number.
• Name of the estate proceeding (e.g., Estate of Jane Doe, Case No. PR12345).
• Specific documents requested and the date, time and place for production or testimony.
• Signature of the issuing attorney or party (if self-represented).

3. File a Motion to Issue Subpoena

Before issuance, file a written motion with the probate clerk explaining the relevance of the documents. Cite NRS 153.040 (court’s authority to compel discovery) and NRS 52.140 (motion to quash or modify). Schedule a hearing if required by local rules.

4. Serve the Subpoena Properly

Serve the subpoena at least 10 days before the return date. Personal delivery is preferred under NRS 52.070. For out-of-state witnesses, use certified mail or a process server. File a proof of service with the court.

5. Obtain and Review the Records

On the return date, collect the documents or take testimony. Review them for completeness. If the custodian fails to comply or produces incomplete records, file a motion to compel under NRS 52.140.

6. Use the Subpoenaed Evidence at Hearing

Mark the documents as exhibits. Offer them into evidence at the probate hearing. Ensure the custodian or a qualified witness is available to authenticate records under NRS 153.050.