Legal Opinion

Rock Bay, LLC v. Eighth Judicial District Court of the State of Nevada Ex Rel. County of Clark

Nevada Supreme Court

Decided April 4, 2013No. 61646PublishedCited by 10 opinions

1Opinion of the Court

OPINION

By the Court,

Hardesty, J.:

In this opinion, we must determine when discovery of a non-party’s assets is permissible under NRCP 69(a), which permits post-judgment discovery in aid of execution of a judgment. We conclude that discovery of a nonparty’s assets under NRCP 69(a) is not permissible absent special circumstances, which include, but are not limited to, those in which the relationship between the judgment debtor and the nonparty raises reasonable suspicion as to the good faith of asset transfers between the two, or in which the nonparty is the alter ego of the judgment debtor.

FACTU…

2Cases cited21 opinions

  1. Pan v. Eighth Judicial District Court of the State of Nevada ex rel. County of ClarkNevada Supreme Court · 2004
  2. LFC Marketing Group, Inc. v. LoomisNevada Supreme Court · 2000
  3. Wardleigh v. Second Judicial District Court of the State of Nevada ex rel. County of WashoeNevada Supreme Court · 1995
  4. Executive Management, Ltd. v. Ticor Title InsuranceNevada Supreme Court · 2002
  5. Callie v. BowlingNevada Supreme Court · 2007

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3Cited by10 opinions

  1. Phillips v. Carlton Energy Group, LLCTexas Supreme Court · 2015
  2. Carlton Energy Group, LLC v. Gene E. Phillips, Individually and D/B/A Phillips Oil Interests, LLC, Eurenergy Resources Corporation, Syntek West, Inc., and Cabeltel International Corporation, Texas Court of Appeals, 1st District (Houston)2015
  3. FCH1, L.L.C. v. RodriguezNevada Supreme Court · 2014
  4. FCH1, L.L.C. v. RodriguezNevada Supreme Court · 2014
  5. Gene E. Phillips, Individually and D/B/A Phillips Oil Interests, LLC, Eurenergy Resources Corporation, Syntek West, Inc., Cabeltel International Corporation, Natron Investments, A&B Capital Corporation, Southmark Corporation, Basic Capital Management, Inc v. Carlton Energy Group, LlcTexas Supreme Court · 2015

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