ASPEN FINANCIAL SERVICES v. DIST. CT.

No. 58184.

289 P.3d 201 (2012)

ASPEN FINANCIAL SERVICES, INC., a Nevada Corporation; Aspen Financial Services, LLC, a Nevada Limited Liability Company; Aspen Bay Financial, LLC, a Nevada Limited Liability Company; and Jeffrey B. Guinn, an Individual, Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, in and for the COUNTY OF CLARK; and the Honorable Mark R. Denton, District Judge, Respondents, and Kenneth Gragson and Yvonne Gragson, Trustees of the Kenneth Gragson and Yvonne Gragson Family Trust; North Main, LLC, a Nevada Limited Liability Company; Bonnie H. Gragson and Kenneth Ray Gragson, Trustees of the Gragson 1988 Trust; Rodney F. Reber, as General Partner of the Rodney F. Reber Family Limited Partnership; Linda Reber, Individually; Lois Levy, Trustee of the Lois Levy Family Trust, DTD 2/11/93; Charles E. Thompson, Trustee of the Charles E. Thompson 1989 Trust; Connie Laverne Thompson, Individually and as Trustee of the Connie Laverne Thompson Family Trust, DTD 12/12/05; Dawn J. Gerke, Trustee of the Blakely Charitable Remainder Trust, DTD 5/2/97; James B. Gerke and Dawn J. Gerke, Trustees of the Byron Trust, DTD 5/2/85; David J. Willden, Trustee of the David J. Willden Charitable Remainder Uni Trust dated 12/23/87; Cheryl Rogers-Barnett and Larry Barnett, Trustees of the Rogers-Barnett Family Trust, DTD 11/28/03; David A. Smith, an Individual; Kirsti D. Rice, Trustee of the Rice Grandchildren Education Trust; Russell Davies, an Individual; Joy Davies, an Individual; and Charles Bearup and Bernardine Bearup, Real Parties in Interest.

Supreme Court of Nevada.

December 6, 2012.


Attorney(s) appearing for the Case

Bailey Kennedy and John R. Bailey , Joseph A. Liebman , and Brandon P. Kemble , Las Vegas, for Petitioners.

Woods Erickson Whitaker & Maurice LLP and Aaron R. Maurice and Justin S. Hepworth , Henderson, for Real Parties in Interest.

Murchison & Cumming, LLP, and Michael J. Nunez and Maria D. Toto , Las Vegas, for Amici Curiae Stephen Quinn and Victoria Quinn.

Pico Rosenberger and James R. Rosenberger , Las Vegas, for Amicus Curiae Today's Realty, Inc.

Prince & Keating and Dennis M. Prince and Douglas J. Duesman , Las Vegas, for Amici Curiae Donna Ruthe, et al.

Before the Court En Banc.


OPINION

By the Court, SAITTA, J.:

Parties facing a civil proceeding and a simultaneous criminal investigation often confront unpleasant choices. They may, for instance, be put to the choice of providing testimony in the civil proceeding that might be used by criminal investigators, or asserting their Fifth Amendment privilege against self-incrimination to the detriment of their defense of the civil suit. Yet while such a situation may require a party...

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