Serving a Civil Subpoena in Nevada Under NRCP 45
Whether you are compelling a reluctant eyewitness to appear at a deposition in Las Vegas, subpoenaing trauma medical records from University Medical Center (UMC) or Renown Regional Medical Center, or enforcing a subpoena duces tecum against a casino resort or financial institution, strict adherence to Nevada Rule of Civil Procedure (NRCP) 45 (or JCRCP 45 in Justice Court) is mandatory.
If a subpoena is served improperly—or if required statutory witness attendance and mileage fees are not tendered upon service—the recipient can refuse compliance, file a written objection under NRCP 45(c)(2)(B), or move to quash the subpoena under NRCP 45(c)(3), leaving you with zero leverage for a contempt motion.
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Who Can Serve a Subpoena in Nevada? (NRCP 45(b)(1))
Under NRCP 45(b)(1), a subpoena may be served at any place within the State of Nevada by “any person who is not a party and is not less than 18 years of age.” However, as with all compensated process serving in Nevada, NRS Chapter 648 requires that any professional hired to serve subpoenas for a fee hold a valid Process Server License (or work card) issued by the Nevada Private Investigators Licensing Board (PILB).
Personal Hand-Delivery Is Required
Unlike a Notice of Deposition served on existing parties to a lawsuit via electronic service under NRCP 5, NRCP 45(b)(1) states that “Serving a subpoena requires delivering a copy to the named person.”
- Cannot Be Served by Mail: In Nevada state and federal courts, mailing a civil subpoena (even by certified mail) to a non-party witness does not constitute valid service under NRCP 45 unless the witness or their counsel expressly agrees in writing to accept service.
- Serving Business Custodians of Records: When serving a
Subpoena Duces Tecumon a Nevada corporation, LLC, bank, or hospital, the subpoena must be hand-delivered to the entity’s registered agent (such as CT Corp or CSC in Carson City, or InCorp / Northwest / Registered Agents Inc. in Las Vegas), an officer or managing agent under NRCP 4.2(c), or the institution’s designated Health Information Management (HIM) / Subpoena Intake Desk.
Nevada Statutory Witness Fee & Mileage Calculation Rules (NRS 50.225)
Under NRCP 45(b)(1), if the subpoena commands the person’s physical attendance (at a trial, court hearing, or oral deposition), you must tender the fees for one day’s attendance and the mileage allowed by law at the time the subpoena is served (unless the subpoena is issued on behalf of the State of Nevada or a state agency under NRS 50.225(3)).
How are Nevada witness fees calculated under NRS 50.225?
1. Daily Witness Attendance Fee: $25.00 Per Day
Under NRS 50.225(1)(a), every witness subpoenaed to attend and testify before any court of record, justice court, or deposition officer in Nevada is entitled to receive $25.00 for each day’s attendance.
- At the moment of initial service, only one day’s attendance fee ($25.00) must be tendered along with round-trip mileage.
2. Statutory Mileage Fee: State Employee Reimbursement Rate (NRS 50.225(1)(b))
Under NRS 50.225(1)(b), in addition to the $25.00 daily attendance fee, the witness is entitled to mileage for each mile necessarily and actually traveled in going to and returning from the place of attendance (round-trip mileage), calculated at the standard mileage reimbursement rate provided for state officers and employees generally under NRS 281.160.
- Pursuant to NRS 281.160, the State of Nevada ties its standard personal vehicle mileage reimbursement rate directly to the federal IRS / GSA standard business mileage rate (currently $0.67 to $0.70 per mile depending on the current calendar year GSA schedule).
Example Witness Fee Calculation in Clark County (Las Vegas):
Suppose you are serving a non-party witness at their home in Henderson, NV (14 miles from your law firm’s deposition conference room on Howard Hughes Parkway in Las Vegas):
- 1-Day Statutory Attendance Fee (NRS 50.225(1)(a)):
$25.00 - Round-Trip Mileage (28 miles total × $0.70/mile):
$19.60 - Total Witness Fee Check Attached to Subpoena:
$44.60
Tip for Litigators: Always round up mileage slightly by a dollar or two so the witness can never argue the check was short by half a mile! If you upload your subpoena via our Online Order Portal, our office can cut and attach a company witness fee check on your behalf so your rush serve isn’t delayed waiting for a check in the mail.
When Is a Witness Fee NOT Required in Nevada?
Under NRCP 45(b)(1), witness attendance and mileage fees are only required “if the subpoena requires that person’s attendance.”
- Records-Only Subpoenas (
Subpoena Duces TecumWithout Appearance): If your subpoena commands only the production or inspection of business records, banking records, employment files, or hospital medical records (Custodian of Records — No Appearance Required if Records Are Produced Prior to Date), no $25.00 attendance fee or mileage check is required at the time of service. - Medical Records Copy Fees (NRS 629.061): While no witness check is required upon serving a medical records subpoena at UMC, Sunrise Hospital, or Renown Regional Medical Center, NRS 629.061 governs the maximum fee a healthcare provider or their Release of Information (ROI) vendor (such as Ciox/Datavant or MRO) may charge for furnishing electronic copies (generally capped at $0.60 per page up to statutory electronic delivery limits of $40.00 for electronic records under NRS 629.061, plus reasonable clerical/certification fees when applicable).
Mandatory Prior Notice to Other Parties for Records Subpoenas (NRCP 45(a)(4))
A critical procedural rule in Nevada civil discovery is NRCP 45(a)(4) (Notice to Other Parties Before Service):
- If a subpoena commands the production of documents, electronically stored information (ESI), or tangible things—or the inspection of premises—before trial, then before it is served on the person to whom it is directed, a notice and a copy of the subpoena must be served on each party to the lawsuit at least 7 days before the subpoena is served on the non-party custodian (unless the court orders otherwise or the parties stipulate).
- Failing to give opposing counsel the required advance notice under NRCP 45(a)(4) is one of the most common grounds for sanctions or motions to quash in the Eighth Judicial District Court and Second Judicial District Court.
Geographic Limits & Protections for Subpoenaed Witnesses (NRCP 45(c))
Under NRCP 45(c)(1), a subpoena may command a person to attend a trial, hearing, or deposition only within the following geographic limits:
- Within 100 Miles: Within 100 miles of where the person resides, is employed, or regularly transacts business in person; OR
- Within the State of Nevada (Parties & Trial Witnesses): Within the state where the person resides, is employed, or regularly transacts business in person, if the person is a party or a party’s officer, or is commanded to attend a trial and would not incur substantial expense.
Furthermore, under NRCP 45(a)(1)(D), every valid Nevada civil subpoena must set out the text of NRCP 45(c) and (d) (detailing witness protections and duties in responding to a subpoena) verbatim on the subpoena form.
Need a deposition, trial, or records subpoena served anywhere in Nevada? Submit Your Subpoena Online Now or call (702) 583-9164.