(a) Appointment and Compensation. A judicial district may appoint one or more discovery commissioners to serve at the pleasure of the court. In multi-judge judicial districts, appointment must be by the concurrence of a majority of all judges in the judicial district. The compensation of a discovery commissioner must not be taxed against the parties but, when fixed by the court, must be paid out of appropriations made for the expenses of the judicial district.
Rule 16.3.Discovery commissioners
Group III: Pleadings and Motions · Last amended March 1, 2019 · Last verified July 14, 2026
In one sentenceRule 16.3 creates the discovery commissioner, a judicial officer who hears discovery disputes and issues recommendations that the court then reviews.
Full Text of Rule 16.3
(b) Powers.
(1) A discovery commissioner may administer oaths and affirmations.
(2) As directed by the court, or as authorized by these rules or local rules, a discovery commissioner may:
(A) preside at discovery resolution conferences;
(B) preside over discovery motions;
(C) preside at any other proceeding or conference in furtherance of the discovery commissioner’s duties;
(D) regulate all proceedings before the discovery commissioner; and
(E) take any other action necessary or proper for the efficient performance of the discovery commissioner’s duties.
(3) If agreed by the parties or ordered by the court, a discovery commissioner also may conduct settlement conferences.
(c) Report and Recommendation; Objections.
(1) Report and Recommendation. After a discovery motion or other contested matter is heard by or submitted to a discovery commissioner, the discovery commissioner must prepare a report with the discovery commissioner’s recommendations for a resolution of each unresolved dispute. The discovery commissioner may direct counsel to prepare the report. The discovery commissioner must file the report with the court and serve a copy of it on each party.
(2) Objections. Within 14 days after being served with a report, any party may file and serve written objections to the recommendations. Written authorities may be filed with an objection but are not mandatory. If written authorities are filed, any other party may file and serve responding authorities within 7 days after being served with the objections.
(3) Review. Upon receipt of a discovery commissioner’s report, any objections, and any response, the court may:
(A) affirm, reverse, or modify the discovery commissioner’s ruling without a hearing;
(B) set the matter for a hearing; or
(C) remand the matter to the discovery commissioner for reconsideration or further action.
Notes
Advisory Committee Note — 2019 Amendment: The amendments generally restate Rule 16.3(a) and (b) from the former NRCP 16.3. The amendments make clear that discovery commissioners may hear discovery motions, but also require the district court to conduct case conferences and issue scheduling orders. Rule 16.3(c) relocates the text of the former NRCP 16.1(d)(2), NRCP 16.2(j)(2), and NRCP 16.205(j)(2) into this rule. The court reviews a discovery commissioner’s report and recommendation de novo. However, an objecting party may not raise new arguments in support of an objection that could have been raised before the discovery commissioner but were not. See Valley Health Sys., LLC v. Eighth Judicial Dist. Court, 127 Nev. 167, 173, 252 P.3d 676, 680 (2011).
Amendment History
Added 7-1-87, eff. 1-1-88; Amended 2-5-91, eff. 5-16-91; Amended eff. 7-1-08; Amended eff. 3-1-19.
Plain-English Summary
Rule 16.3 sets up a layer between the parties and the judge specifically for discovery fights. A judicial district may appoint one or more discovery commissioners, with multi-judge districts requiring a majority of the judges to agree on the appointment. The commissioner’s pay comes out of the district’s budget, not from the parties. Commissioners can administer oaths, preside over discovery conferences and motions, run other proceedings tied to their duties, and — if the parties agree or the court orders it — conduct settlement conferences.
After hearing a discovery motion or other contested matter, the commissioner writes up a report recommending how to resolve it and serves it on the parties. Anyone who disagrees has 14 days to file written objections, and the other side then has 7 days to respond. From there, the judge can affirm, reverse, or modify the recommendation without a hearing, set the matter for a hearing, or send it back to the commissioner for another look. The court’s review isn’t a rubber stamp — it takes a fresh look at the dispute rather than just checking for obvious error — though a party generally can’t raise a brand-new argument on objection that it could have made to the commissioner in the first place.
Frequently Asked Questions
What is a discovery commissioner, and who appoints one?
A judicial officer appointed by a judicial district to handle discovery disputes. In districts with more than one judge, appointment requires a majority of the judges to agree.
Do the parties pay for the discovery commissioner’s time?
No. The commissioner’s compensation is paid from the judicial district’s budget, not taxed against the parties.
What happens after a discovery commissioner issues a report and recommendation?
It’s filed with the court and served on the parties. Any party may then object, and the judge reviews the recommendation, any objections, and any response before deciding what to do.
How long does a party have to object to a commissioner’s recommendation?
14 days after being served with the report. If written authorities are filed with the objection, the other side has 7 more days to respond.
Does the judge have to accept the discovery commissioner’s recommendation?
No. The judge can affirm, reverse, or modify it without a hearing, set the matter for a hearing, or remand it back to the commissioner.
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: discovery commissioner Nevadaobjecting to discovery commissioner reportdiscovery dispute referral ruleRule 16.3 explained