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VALLEY HEALTH SYSTEM v. EIGHTH JUD. DIST.

No. 56239.

252 P.3d 676 (2011)

VALLEY HEALTH SYSTEM, LLC, d/b/a Centennial Hills Hospital Medical Center, A Nevada Limited Liability Company, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, In and For the COUNTY OF CLARK; The Honorable Jessie Walsh, District Judge; and The Honorable Jack B. Ames, District Judge, Respondents, and Roxanne Cagnina, Real Party in Interest.

Supreme Court of Nevada.

May 6, 2011.

Attorney(s) appearing for the Case

Hall Prangle & Schoonveld, LLC, and David P. Ferrainolo , John F. Bemis , and Michael E. Prangle , Las Vegas, for Petitioner.

The Law Offices of Neal Hyman, and Neal K. Hyman , Henderson, for Real Party in Interest.

Before the Court En Banc.

OPINION

By the Court, DOUGLAS, C.J.:

In this opinion, we review our rule regarding the waiver of an issue on appeal that is not first raised in the district court. We expand that rule to include the situation where a party fails to raise an issue before the discovery commissioner and, instead, raises the issue for the first time before the district court. Further, we determine the scope of the privilege provided by NRS 439.875.

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