NRS218E.135. Power to issue subpoenas; contents and service; legal force and effect; enforcement proceedings before district court.

      1.  For the purposes of conducting investigations and holding hearings in connection with the functions and duties of a committee, the chair of the committee may issue legislative subpoenas to compel the attendance and testimony of witnesses and the production of documentary evidence that is pertinent to the committee’s legislative business or possible future legislative action.

      2.  To be properly issued, a legislative subpoena must:

      (a) Be addressed to the witness;

      (b) Describe the nature of the legislative proceedings for which the legislative subpoena is being issued;

      (c) Require the attendance and testimony of the witness at a definite time and place fixed in the legislative subpoena or require the production of the documentary evidence at a definite time and place fixed in the legislative subpoena, or both;

      (d) State particular reasons why the attendance and testimony of the witness or the production of the documentary evidence is pertinent to the committee’s legislative business or possible future legislative action; and

      (e) Be signed by the chair of the committee.

      3.  A legislative subpoena may be served by any person who is 18 years of age or older.

      4.  If a legislative subpoena is properly issued to and served on a witness pursuant to this section:

      (a) The legislative subpoena has the same legal force and effect as a subpoena or order issued by the district court; and

      (b) The witness shall comply with the provisions of the legislative subpoena in the same manner as a subpoena or order issued by the district court.

      5.  In addition to any other remedies or penalties provided by law, if a witness fails to comply with the provisions of a legislative subpoena, the chair of the committee who issued the legislative subpoena, or the secretary of the committee on behalf of the chair, may file a petition to enforce compliance with the legislative subpoena in the district court for any county where the committee regularly holds its meetings or where the witness resides, works or maintains a place of business. The petition must:

      (a) Set forth the name of the witness and, if the witness is a custodian of documentary evidence, the name of the organization for whom the witness serves as a custodian;

      (b) Include a copy of the legislative subpoena;

      (c) State that the legislative subpoena was issued and served on the witness pursuant to this section and provided the witness with notice of the definite time and place fixed in the legislative subpoena for the attendance and testimony of the witness or the production of the documentary evidence, or both;

      (d) State that the witness failed to comply with the provisions of the legislative subpoena; and

      (e) Request an order of the court enforcing the legislative subpoena and compelling the witness to comply with its provisions.

      6.  Upon the filing of the petition to enforce compliance with the legislative subpoena, the court shall:

      (a) Enter an order directing the witness to:

             (1) Appear at a hearing before the court at a time and place fixed by the court in the order, which must not be more than 10 days after the date of the order; and

             (2) Show cause why the witness has not complied with the provisions of the legislative subpoena; and

      (b) Serve a certified copy of the order upon the witness.

      7.  If, at the hearing to show cause, the court finds that the legislative subpoena was properly issued and served pursuant to this section and that the witness has not proven a reason recognized by law for the failure to comply with its provisions, the court shall enter an order requiring the witness to comply with the provisions of the legislative subpoena at a time and place fixed by the court in the order. If the witness fails to comply with the court’s order, the witness commits contempt of court and shall be punished as provided by law for such contempt of court.

      (Added to NRS by 2013, 3740)