Section 599B.745 - Affidavits1. A party that wishes to have an affidavit introduced in evidence at any hearing of the division must, at least 10 days before the date set for hearing, serve upon the opposing party, either personally or by registered or certified mail, return receipt requested, a copy of the affidavit that is proposed to be introduced in evidence.2. A notice, in substantially the following form, must be served upon the opposing party at the same time as the affidavit:The accompanying affidavit of (Name of Affiant) will be introduced in evidence at the hearing set for the ....(day) of .....(month) of ....(year). (Name of Affiant) will not be called to testify orally, and you will not be entitled to cross-examine (Name of Affiant) unless you place in the mail or personally deliver to the undersigned your request to cross-examine (Name of Affiant) not later than 7 days after the date on which this notice and the enclosed affidavit were served upon you.
________________________
(Signature of Party or Counsel)
(Name of Party or Counsel)
(Address)
(Telephone Number)
3. Unless the opposing party, within 7 days after service of a copy of the affidavit and notice, places in the mail or personally delivers to the party proposing to introduce the affidavit a request to cross-examine the affiant, the opposing party shall be deemed to have waived his right to cross-examine the affiant, and the affidavit, if introduced in evidence, must be given the same weight as if the affiant had testified orally.4. If an opportunity to cross-examine an affiant is not afforded to the opposing party after the opposing party so requests pursuant to this section, the affidavit may be introduced in evidence, but the affidavit must be given the same weight as other hearsay evidence.Nev. Admin. Code § 599B.745
Added to NAC by Comm'r of Consumer Affairs by R123-98, eff. 2-23-99