Opinion
No. 70813
07-19-2016
JOSETTE SPOTTS, M.D.; AND ALLISON, CURTIS, KINGS LEY, MEOZ, MICHAEL & SANCHEZ, D/B/A COMPREHENSIVE CANCER CENTERS OF NEVADA, Petitioners, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE JAMES CROCKETT, DISTRICT JUDGE, Respondents, and CAROL JONES; AND JAMES JONES, Real Parties in Interest.
ORDER DENYING PETITION
This is an original petition for a writ of mandamus challenging the district court's decision allowing real parties in interest to present an expert's deposition in lieu of live testimony in a medical malpractice case. District court decisions regarding expert opinion testimony are generally discretionary and not typically subject to review on a petition for a writ of mandamus. Walton v. Eighth Judicial Dist. Court, 94 Nev. 690, 693, 586 P.2d 309, 311 (1978). Further, writ relief is generally not available when a petitioner has an adequate remedy at law. See NRS 34.170; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004). Having considered the documents and arguments presented in this matter, we conclude that our extraordinary intervention is not warranted. NRS 34.160; Pan, 120 Nev. at 228, 88 P.3d at 844. Accordingly, we
ORDER the petition DENIED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver cc: Hon. James Crockett, District Judge
Carroll, Kelly, Trotter, Franzen, McKenna & Peabody
Gerald I. Gillock & Associates
Crawford & Doyle, LLC
Eighth District Court Clerk