Davis v. Dist. Ct. (Ohanian)

Summary

In an original writ proceeding, the Nevada Supreme Court held that NAC 641.234(3), a Board of Psychological Examiners regulation restricting release of psychological test material, does not supersede a district court's authority to order disclosure of raw psychological test data, including examination questions, in civil discovery. The court reasoned that NRS 641.100(2) authorizes the Board to regulate only the practice of psychology, not civil discovery, which is governed by the Nevada Rules of Civil Procedure, and that NRCP 16.1 and NRCP 35 are not mutually exclusive, so a Rule 35 examiner called as a testifying expert must comply with court-ordered disclosure. Concluding the district court did not manifestly abuse its discretion in ordering disclosure to counsel under a protective order after judicious balancing, the court denied the petition. The court expressly declined to decide the regulation's constitutionality or the asserted trial-only scope of NRS 50.305.