On May 9, 2022, the Eighth Judicial District Court for Clark County, Nevada, issued an administrative order regarding deposition behavior. (Administrative Order 22-08 available on the Court’s website). In issuing the order the Court stated: “The Court enters this Order in furtherance of its duty to “secure the just speedy, and inexpensive determination of every action and proceeding” All Counsel intending to participate in depositions, and witnesses expecting to testify at trial, must comply with this Order. Counsel must behave professionally at all times during depositions; they must treat parties, other counsel, videographers, interpreters, and others involved in any aspect of a deposition with civility and respect.The Order covers many topics including scheduling, examination of witnesses, raising objections and resolving disputes.
]]>The Nevada Supreme Court has recognized the implied covenant of good faith and fair dealing that attaches to contracts. This covenant is explained in the 1991 decision in Hilton Hotels Corporation v. Butch Lewis Productions, Inc. 107 Nev. 226, 808 P.2d 919 (1991). In its decision, the Court held: “When one party performs a contract in a manner that is unfaithful to the purposes of the contract and the justified expectations of the other party are thus denied, damages may be awarded against the party who does not act in good faith. Whether the controlling party’s actions fall outside the reasonable expectations of the dependent party is determined by the various factors and general circumstances.” (citations omitted)
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