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Lowry Files Amicus Brief for Las Vegas Defense Lawyers Regarding Observers at Rule 35 Examinations

November 8, 2022

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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