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Michael Lowry (Partner-Las Vegas) filed an amicus brief on
behalf of the Las Vegas Defense Lawyers regarding Nevada’s 2019
changes to its Rules of Civil Procedure that, for the first time,
allowed observers at Rule 35 examinations. This change spawns
disputes about who may or may not be the observer, which in turn
delays the examinations and frequently delays the case. Michael
Lowry and the Las Vegas Defense Lawyers learned of a writ petition
pending with the Supreme Court of Nevada on this point. The
plaintiff, armed with an amicus brief from the local
plaintiffs’ bar, argued for an expansive definition of an
“observer.” Michael prepared and filed the brief for Las
Vegas Defense Lawyers, noting how these expansive definitions would
hinder a defendant’s ability to obtain an examination and that
they are inconsistent with Rule 35’s language.
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