Why is My Lawyer Asking Me to Give Documents to the Other Side: Understanding Civil “Discovery” In Nevada

Written by Ethan Viator, Lex Tecnica Law Clerk

Civil discovery in Nevada is a pretrial process where both parties attempt to obtain information that may support their arguments or defenses. During discovery, attorneys on both sides try to obtain information from the other side that is nonprivileged, relevant to a party’s claims or defenses, and proportional to the needs of the case. Lawyers conduct this process by taking depositions and, somewhat counterintuitively, simply asking the other side to hand over information or evidence. Written discovery typically comes in three forms: Requests for Production, Requests for Admission, and Interrogatories. In an even bigger twist, there are certain things that an attorney, or an individual representing themselves, must give to the opposing party before receiving discovery requests. These are called Initial Disclosures.

Civil Discovery Nevada: Initial Disclosures:

In Nevada, parties generally must exchange initial disclosures soon after the discovery process has begun. This is meant to avoid unfair surprises and other under-handed tactics. Generally, a party must identify individuals likely to have discoverable information and describe the subjects of that information. A party must also provide copies, or identify by category and location, documents, electronically stored information, and tangible things in its possession that it may use to support its claims or defenses. The rule also requires disclosure of certain records, reports, or witness statements concerning the incident giving rise to the lawsuit, unless they are privileged or otherwise protected. Some proceedings require that different information be disclosed, but the general idea is to immediately lay out much of the substantive evidence that each party has in their possession.

Interrogatories:

An interrogatory is simply a written inquiry. One party asks another party for information. The question can concern documents, people, injuries, the time of day an incident occurred, social media, or practically any other subject within the permissible scope of discovery. Sometimes the best way to get an answer is simply to ask for it. Lawyers use interrogatories as a way to get explanations about a topic. An interrogatory could be as simple as, “How often do you go grocery shopping?”

Requests for Production:

Requests for Production are probably the clearest example of why your lawyer may ask you to gather documents for the other side. Under Nevada’s rules, one party may request documents, electronically stored information, tangible items, or even access to property for inspection, testing, photographing, or sampling. A request might seek emails, text messages, photographs, contracts, receipts, medical records, or other materials relevant to the claims or defenses in the case. A request for production may look like this, “Please produce receipts for all of your grocery shopping in August of 2026.” Your lawyer may not have access to this information when they receive the request, so they would need to ask you. Your opponent in the lawsuit is also going to be having this same conversation with their lawyer about the information that you have requested from them.

Requests for Admission:

Requests for Admission do not ask the other party for information, or to send over stacks of documents. In a Request for Admission, one party asks the other to admit that a particular fact is true, that an application of law to fact is correct, or that a particular document is genuine. For example, a party might be asked to admit that a contract was signed on a certain date or that a photograph is an authentic copy of an image taken after an incident. These requests can narrow the issues that actually need to be fought over. Using Requests for Admission as a tool to narrow the scope of litigation saves you time and money. If your opponent admits that they do their own grocery shopping, you do not have to pay your lawyer to prove it by watching hours of security footage or by taking long depositions. Some facts may be necessary to prove your case, but still not be worth your opponent fighting over. Requests for Admission can be used to get these facts out of the way without having to pay for a deeper investigation.

Why Do I Have to Give Them Anything?

Discovery can feel weird. If the other side is trying to defeat your claim or defense, giving them information may seem like helping them, but responding to your opponent’s discovery requests, and making the required initial disclosures, are not optional. Failing to respond to discovery can result in sanctions that may include the payment of money to the other party or result in the court making adverse inferences about the information that you failed to disclose. The court can decide that your failure to comply with discovery means that you’re hiding something and may infer that the evidence was damaging; the court may then allow your opponent to use that hypothetically damaging evidence against you. Hiding a truth that is bad for you may result in the court concocting the worst-case scenario instead.

The other side is not entitled to all information. Privileged materials and certain trial-preparation materials receive protection, and the rules place limits on discovery so that it cannot be used as a tool to burden or harass either party. Attorneys can object to improper discovery requests and, when disputes cannot be resolved, a party may ask the court to compel discovery or protect information from improper disclosure.

Your lawyer is not handing over documents as a courtesy. Your lawyer is not conspiring against you. The exchange of information is a required part of civil litigation. Giving your lawyer complete and accurate information allows your lawyer to determine what information must be disclosed, and which of your opponent’s discovery requests can be objected to.

This article has been reviewed and approved for legal accuracy by Scott Whitworth, Esq. It is intended for informational purposes only and does not constitute legal advice.

About the Author: Ethan Viator is a Law Clerk at Lex Tecnica who brings a thoughtful, people-focused approach to his work, combining legal precision with a strong appreciation for history and context. A law student at William S. Boyd School of Law, Ethan has served as President of both the Federalist Society and the Trust and Estate Planning Society.