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FILED  JAN 07 2016

TRACIE K. LINDEMAN

CLERK OF SUPREME COURT

BY _________DEPUTY CLERK

 

 

IN THE SUPREME COURT OF THE STATE OF NEVADA

No. 69372

 

 

REZA ZANDIAN, A/K/A GOLAMREZA ZANDIANJAZI, A/K/A GHOLAM REZA ZANDIAN, A/K/A REZA JAZI, A/K/A J. REZA JAZI, A/K/A G. REZA JAZI, A/K/A GHONOREZA ZANDIAN JAZI, AN INDIVIDUAL,

            Appellant,

vs.

 

JED MARGOLIN, AN INDIVIDUAL, Respondent.

 

 

ORDER TO SHOW CAUSE

 

This is an appeal from an order granting a motion requiring appellant to appear for a debtor's examination and to produce documents. Our preliminary review of the docketing statement and the documents submitted to this court pursuant to NRAP 3(g) reveals a potential jurisdictional defect. Specifically, it appears that the judgment or order designated in the notice of appeal is not substantively appealable. See NRAP 3A(b). This court has jurisdiction to consider an appeal only when the appeal is authorized by statute or court rule. Taylor Constr. Co. u, Hilton Hotels, 100 Nev. 207, 678 P.2d 1152 (1984). No statute or court rule provides for an appeal from an order directing a debtor's examination or to produce documents. See e.g., Wardleigh v. Second Judicial Dist, Court In & For Cty, of Washoe, 111 Nev. 345, 351, 891 P.2d 1180, 1184 (1995) (a writ of prohibition will issue to prevent discovery required by court order entered in excess of the court's jurisdiction). In addition, the order does not appear to be appealable as a special order after final judgment because it does not modify the rights or liabilities of the parties arising from the final judgment, but instead merely enforces the district

 

 

court's prior orders. See NRAP 3A(b)(2); Wilkinson v. Wilkinson, 73 Nev. 143, 311 P.2d 735 (1957).

 

Accordingly, appellant shall have 30 days from the date of this order within which to show cause why this appeal should not be dismissed for lack of jurisdiction. In responding to this order, appellant should submit any documentation that may establish this court's jurisdiction. We caution appellant that failure to demonstrate that this court has jurisdiction may result in this court's dismissal of this appeal. The preparation of transcripts and the briefing schedule in this appeal shall be suspended pending further order of this court. Respondent may file any reply within ten days from the date that appellant's response is served.

 

It is so ORDERED.[1]

 

_________________________

 

cc: Kaempfer Crowell/Reno

Kaempfer Crowell/Carson City

Brownstein Hyatt Farber Schreck, LLP/Reno

 

______________________

 

[1]  We defer ruling on appellant's counsel's motion to withdraw as counsel pending resolution of this jurisdictional question.

 

2