(a) Except as provided by this rule, parties must not conduct postjudgment discovery in a family law action.
Rule 16.21.Postjudgment discovery in family law actions
Group III: Pleadings and Motions · Last amended March 1, 2019 · Last verified July 14, 2026
In one sentenceRule 16.21 blocks discovery after a family law judgment is entered unless the court has ordered an evidentiary hearing on custody or otherwise allows it for good cause.
Full Text of Rule 16.21
(b) Parties may conduct postjudgment discovery in family law actions when:
(1) the court orders an evidentiary hearing in a postjudgment custody matter; or
(2) on motion or on its own, the court, for good cause, orders postjudgment discovery.
(c) Postjudgment discovery is governed by Rule 16.2, by Rule 16.205 for paternity or custody matters, or as otherwise directed by the court.
Notes
Advisory Committee Note — 2019 Amendment: The amendments to Rule 16.21 permit postjudgment discovery in certain situations. Rule 16.21(b)(1) automatically permits discovery under Rule 16.205 upon the court’s entry of a postjudgment order setting an evidentiary hearing in a custody action. Rule 16.21(b)(2) permits postjudgment discovery in any action if ordered by the court.
Amendment History
Added, eff. 7-1-08; Amended eff. 3-1-19.
Plain-English Summary
Once a family law case ends in judgment, Rule 16.21 shuts the door on further discovery by default. That default has two exceptions. First, if the court later orders an evidentiary hearing in a postjudgment custody matter, discovery opens back up automatically. Second, a party can ask — or the court can act on its own — to allow postjudgment discovery for good cause in any other situation. Either way, once discovery is permitted, it runs under the same disclosure framework the case used before judgment: Rule 16.2 for divorce-type cases, Rule 16.205 for paternity and custody cases between unmarried parties, or whatever the court directs instead.
The point of the default rule is to keep old cases from becoming a vehicle for open-ended digging once the matter is supposed to be over. But because custody arrangements often need revisiting as children grow and circumstances change, the rule builds in a clear path back into discovery when the court sets an evidentiary hearing to reconsider custody.
Frequently Asked Questions
Can a party request more discovery after a divorce judgment is final?
Not by default. Rule 16.21 blocks postjudgment discovery in family law cases unless one of two exceptions applies.
What automatically opens the door to postjudgment discovery?
The court ordering an evidentiary hearing in a postjudgment custody matter opens discovery automatically for that hearing.
Does a party need to ask permission for good-cause postjudgment discovery outside a custody hearing?
Yes. Either the party must move for it, or the court can order it on its own, but only for good cause.
Which rule’s disclosure requirements apply once postjudgment discovery is allowed?
Rule 16.2 for divorce-type cases, Rule 16.205 for paternity or custody cases between unmarried parties, or whatever the court directs.
Why does Nevada limit discovery after a family law judgment?
To keep concluded cases from turning into an ongoing discovery fight, while still leaving room to gather evidence when custody urgently needs to be revisited.
Source & verification. Rule text, official Advisory Committee
Notes, and amendment history are reproduced verbatim from the Nevada Rules of Civil
Procedure, adopted by the Supreme Court of Nevada. Last verified July 14, 2026.
· Official source
Also known as: postjudgment discovery divorce casediscovery after custody orderreopening discovery family courtmodifying custody discovery rules