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ROCK BAY, LLC v. DIST. CT.

No. 61646.

298 P.3d 441 (2013)

ROCK BAY, LLC; and Maybourne, Inc., Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT OF THE STATE of Nevada, in and for the COUNTY OF CLARK; and The Honorable Stefany Miley, District Judge, Respondents, and Redwood Recovery Services, LLC; and Elevenhome Limited, Real Parties in Interest.

Supreme Court of Nevada.

April 4, 2013.

Attorney(s) appearing for the Case

Gordon Silver and Eric D. Hone and Joel Z. Schwarz , Las Vegas, for Petitioners.

Jolley Urga Wirth Woodbury & Standish and L. Christopher Rose and Brian C. Wedl , Las Vegas, for Real Parties in Interest.

Before PICKERING, C.J., HARDESTY and SAITTA, JJ.

OPINION

By the Court, HARDESTY, J.:

In this opinion, we must determine when discovery of a nonparty'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...

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