[Rev. 1/25/2009 1:58:14 PM]
NEVADA RULES OF APPELLATE PROCEDURE
ADOPTED
BY THE
SUPREME COURT OF NEVADA
____________
Effective July 1, 1973
and Including
Rules Current Through September 1, 2007
PREFACE
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Pursuant to its rule-making powers (NRS 2.120), the Supreme Court of Nevada in 1970 appointed the undersigned Committee to study that part of the Supreme Court Rules governing practice and procedure in the Supreme Court, and to propose amendments or revision.
On January 24, 1972, the Committee submitted to the Court a report of its activities and recommended adoption of a complete revision of the rules governing practice and procedure, to be known as Nevada Rules of Appellate Procedure. The Court referred back to the Committee certain minor amendments which were then integrated into the proposed draft.
The format of the Federal Rules of Appellate Procedure was chosen as particularly harmonious with the Federal Rules of Civil Procedure (governing practice and procedure in the lower courts), the latter having been adopted earlier and successfully used in Nevada. Also convenient to the lawyer is the similarity of these rules to those in use in the U.S. Courts of Appeals. The federal numbering system is preserved to facilitate research and amendment.
In the opinion of the Committee, the bar should experience little difficulty in transition from practice under SCR to practice under these rules.
ADVISORY COMMITTEE FOR NEVADA
RULES OF APPELLATE PROCEDURE
Harry E. Claiborne Peter D. Laxalt
Jon R. Collins Maurice J. Sullivan
Rex A. Jemison Louis J. Wiener, Jr.
Earl M. Hill, Chairman
AMENDED ORDERS ADOPTING NEVADA RULES OF APPELLATE PROCEDURE
____________
Pursuant to the appellate authority vested in this Court by Section 4 of Article 6 of the Constitution of the State of Nevada, and the rule-making authority vested in this Court by NRS 2.120, the Supreme Court of the State of Nevada has adopted new rules governing appellate practice before this Court, and has heretofore on March 7, 1973, entered an order adopting such rules and directing their publication. Said order of March 7, 1973, is amended and superceded by this order. Good cause appearing,
IT IS ORDERED:
1. That the Rules hereto annexed as Exhibit “A,” to be known as the Nevada Rules of Appellate Procedure, be, and they are hereby prescribed to govern the procedure in appeals from the District Courts and in applications for writs and other relief which the Supreme Court or a justice thereof is competent to give. The full text of the Nevada Rules of Appellate Procedure, a copy of which is hereto annexed as Exhibit “A,” is hereby by reference incorporated herein.
2. That the foregoing rules shall take effect on the 1st day of July, 1973, and shall govern all proceedings and appeals and extraordinary writs hereafter taken, and in all such proceedings therein pending, except to the extent that in the opinion of the Supreme Court their application in a particular proceeding then pending would not be feasible or would work an injustice, in which case the former procedure may be followed.
3. That Rule 6 and 81 of Nevada Rules of Civil Procedure of the District Courts of Nevada be, and they are hereby, amended effective the 1st day of July, 1973, as set forth in Exhibit “B” hereto annexed and hereby by reference incorporated herein.
4. That all of Rules 72, 73, 74, 75, 76 and 76A of the Nevada Rules of Civil Procedure for the District Courts of Nevada, and Form 27 annexed to the said rules, be, and they hereby are, abrogated, effective the 1st day of July, 1973.
5. That Rules 6 to 38, inclusive, of the Supreme Court Rules, be, and they hereby are, abrogated, effective the 1st day of July, 1973.
6. That the Nevada Rules of Appellate Procedure shall appear in the April, 1973 issue of the Nevada State Bar Journal, which shall constitute publication of such rules as required by NRS 2.120, and the official Appellate Procedure Rules of this Court until amended by further order of this Court.
DATED this 15th day of March, 1973.
BY THE COURT
s/ Gordon Thompson
Gordon Thompson, Chief Justice
s/ John Mowbray s/ E. M. Gunderson
John Mowbray, Associate Justice E. M. Gunderson, Associate Justice
s/ Cameron Batjer s/ David Zenoff
Cameron Batjer, Associate Justice David Zenoff, Associate Justice
NEVADA RULES OF APPELLATE PROCEDURE
I. APPLICABILITY OF RULES
RULE 1. SCOPE, CONSTRUCTION OF RULES
(a) Scope of Rules. These rules govern procedure in appeals to the Supreme Court of Nevada from the district courts of Nevada and in applications for writs or other relief which the Supreme Court or a justice thereof is competent to give.
(b) Rules Not to Affect Jurisdiction. These rules shall not be construed to extend or limit the jurisdiction of the Supreme Court as established by law.
(c) Construction of Rules. These rules shall be liberally construed to secure the proper and efficient administration of the business and affairs of the court and to promote and facilitate the administration of justice by the court.
(d) Effect of Rule and Subdivision Headings. Rules and subdivision headings set forth in these rules shall not in any manner affect the scope, meaning or intent of any of the provisions of these rules.
(e) Definitions of Words and Terms. In these rules, unless the context or subject matter otherwise requires:
(1) “Appellant” includes, if appropriate, a petitioner.
(2) “Appellee” includes, if appropriate, a respondent.
(3) “Case” includes action and proceeding.
(4) “Clerk” means the clerk of the supreme court.
(5) “Court” means the supreme court.
(6) “Party,” “applicant,” “petitioner” or any other designation of a party include such party’s attorney of record. Whenever under these rules a notice or other paper is required to be given or served on a party, such notice or service shall be made on his attorney of record if he has one.
(7) “Person” includes and applies to corporations, firms, associations and all other entities, as well as natural persons.
(8) “Shall” is mandatory and “may” is permissive.
(9) The past, present and future tense shall each include the others; the masculine, feminine and neuter gender shall include the others; and the singular and plural numbers shall each include the other.
In the interest of expediting decision, or for other good cause shown, the Supreme Court may, except as otherwise provided in Rule 26(b), suspend the requirements or provisions of any of these rules in a particular case on application of a party or on its own motion and may order proceedings in accordance with its direction.
II. APPEALS FROM JUDGMENTS AND ORDERS OF DISTRICT COURTS
(a) Filing the Notice of Appeal. Except for automatic appeals from a judgment of death pursuant to NRS 177.055, an appeal permitted by law from a district court to the Supreme Court shall be taken by filing a notice of appeal with the clerk of the district court within the time allowed by Rule 4. Failure of an appellant to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal, but is ground only for such action as the Supreme Court deems appropriate, which may include dismissal of the appeal.
(1) Case Appeal Statement. Any notice of appeal presented to the district court clerk for filing shall be accompanied by a case appeal statement completed and signed by appellant’s counsel. If the notice of appeal is filed in proper person, the district court clerk shall complete and sign the case appeal statement. A case appeal statement must substantially comply with Form 2 in the Appendix of Forms, and must contain the following information:
(i) District court case number and caption showing the names of all parties to the proceedings below; the use of et al. to denote parties is prohibited;
(ii) Name of judge who entered the order or judgment appealed from;
(iii) Names of all parties to the appeal; names of all counsel and the party or parties they represent;
(iv) Whether appellant was represented by appointed counsel in the district court, and whether appellant is represented by appointed counsel on appeal;
(v) Whether appellant was granted leave to proceed in forma pauperis, and, if so, the date of entry of the district court order granting such leave; and
(vi) The date the proceedings commenced in the district court.
(2) Deficient Notice of Appeal. The district court clerk must file appellant’s notice of appeal despite perceived deficiencies in the notice, including the failure to pay the district court or Supreme Court filing fee. The district court clerk shall apprise appellant of the deficiencies in writing, and shall transmit the notice of appeal to the Supreme Court in accordance with subdivision (e) of this Rule with a notation to the clerk of the Supreme Court setting forth the deficiencies. Despite any deficiencies in the notice of appeal, the clerk of the Supreme Court shall docket the appeal in accordance with Rule 12.
(b) Joint or Consolidated Appeals. If two or more persons are entitled to appeal from a judgment or order of a district court and their interests are such as to make joinder practicable, they may file a joint notice of appeal, or may join in appeal after filing separate timely notices of appeal, and they may thereafter proceed on appeal as a single appellant. Appeals may be consolidated by order of the Supreme Court upon its own motion or upon motion of a party, or by stipulation of the parties to the several appeals.
(c) Content of the Notice of Appeal. The notice of appeal shall specify the party or parties taking the appeal; shall designate the judgment, order or part thereof appealed from; and shall name the court to which the appeal is taken. Form 1 in the Appendix of Forms is a suggested form of a notice of appeal.
(d) Service of the Notice of Appeal. The appellant shall serve the notice of appeal on all parties to the action in the district court. Service on a party represented by counsel shall be made on counsel. If a party is not represented by counsel, appellant shall serve the notice of appeal on the party at the party’s last known address. There shall be noted on each copy served the date on which the notice of appeal was filed. The notice of appeal shall contain an acknowledgement of service or proof of service that conforms to the requirements of Rule 25(1)(d).
(1) Service in Criminal Appeals. When an appeal is taken by a defendant in a criminal case, appellant’s counsel shall also serve a copy of the notice of appeal on the defendant, either by personal service or by mail addressed to the defendant. In criminal appeals governed by Rule 3C, appellant’s trial counsel must comply with the provisions of this Rule and Rule 3C(c) governing service of the notice of appeal.
(e) Transmission to Supreme Court. Upon the filing of the notice of appeal, the clerk of the district court shall immediately transmit to the clerk of the Supreme Court the required filing fee, together with two (2) certified, file-stamped copies of the following documents: (1) notice of appeal; (2) case appeal statement; (3) the district court docket entries; (4) the judgment(s) or order(s) appealed from; (5) any notice of entry of the judgment(s) or order(s) appealed from; (6) any certification order directing entry of judgment pursuant to NRCP 54(b); (7) the minutes of the district court proceedings; and (8) a list of exhibits offered into evidence, if any.
(1) If, at the time of filing of the notice of appeal, any of the enumerated documents have not been filed in the district court, the clerk of the district court shall nonetheless transmit the notice of appeal together with all documents then on file with the clerk.
(2) Appellant shall take all action necessary to enable the clerk to assemble and transmit the documents enumerated in this subdivision.
(f) Filing Fee. In addition to the fees charged by the district court, the appellant shall tender the Supreme Court filing fee to the clerk of the district court at the time of filing of the notice of appeal. Except for amended notices of appeal filed pursuant to Rule 4(a)(4), the Supreme Court filing fee is $250 for each notice of appeal filed.
[As amended; effective July 1, 2003.]
RULE 3A. CIVIL ACTIONS: STANDING TO APPEAL; APPEALABLE DETERMINATIONS
(a) Aggrieved Party May Appeal. Any appealable judgment or order in a civil action or proceeding may be appealed from and reviewed as prescribed by these rules, and not otherwise. Any party aggrieved may appeal, with or without first moving for a new trial, and the Supreme Court may consider errors of law and the sufficiency of the evidence, and may remand for new trial, whether or not a motion for new trial has been made.
(b) Appealable Determinations. An appeal may be taken:
(1) From a final judgment in an action or proceeding commenced in the court in which the judgment is rendered.
(2) From an order granting or refusing a new trial, or granting or refusing to grant or dissolving or refusing to dissolve an injunction, or appointing or refusing to appoint a receiver, or vacating or refusing to vacate an order appointing a receiver, or dissolving or refusing to dissolve an attachment, or changing or refusing to change the place of trial, or from any order entered in a proceeding that did not arise in a juvenile court that finally establishes or alters the custody of minor children, and from any special order made after final judgment except an order granting a motion filed and served within sixty (60) days following entry of a default judgment, setting aside the judgment pursuant to N.R.C.P. 60(b)(1).
[As amended; effective January 6, 1991.]
(3) From an interlocutory judgment, order or decree made or entered in actions to redeem real or personal property from a mortgage thereof or lien thereon, determining such right to redeem and directing an accounting, and from an interlocutory judgment in actions for partition which determines the rights and interests of the respective parties and directs partition, sale or division to be made.
(4) If an order granting or refusing to grant a motion to change the place of trial of an action or proceeding is not directly appealed from within thirty (30) days, there shall be no appeal therefrom on appeal from the judgment in the action or proceeding or otherwise, and on demand or motion of either party to an action or proceeding the court or judge making the order changing or refusing to change the place of trial of an action or proceeding shall make an order staying the trial of the action or proceeding until the time to appeal from such order, changing or refusing to change the place of trial, shall have lapsed; or if an appeal from such order is taken, until such appeal shall, in the appellate court, or in some other manner, be legally determined.
[Paragraph (5) deleted effective July 18, 1983.]
RULE 3B. CRIMINAL ACTIONS: STANDING TO APPEAL; WHEN ALLOWED; HOW TAKEN; RULES GOVERNING
Appeals from determinations of district courts in criminal actions shall be governed by the rules and by NRS 177.015 to 177.305. All appeals in capital cases are also subject to the provisions of S.C.R. 250. Rule 3C applies to all other direct and post-conviction criminal appeals, except those matters specifically excluded from the fast track by Rule 3C(a).
[As amended; effective September 1, 1996.]
RULE 3C. FAST TRACK CRIMINAL APPEALS
(a) Expedited Appeals. This Rule is applicable to an appeal from a judgment or order of a district court entered in a criminal or post-conviction proceeding commenced after September 1, 1996, whether the appellant is the State or the defendant. A proceeding is commenced for the purposes of this Rule upon the filing of an indictment, information, or post-conviction application in the district court. The Supreme Court may exercise its discretion and apply this Rule to appeals arising from criminal and post-conviction proceedings that are not subject to this Rule. Unless the court otherwise orders, an appeal is not subject to this Rule if:
(1) the appeal challenges an order or judgment in a case involving a category A felony, as described in NRS 193.130(2)(a), in which a sentence of death or imprisonment in the state prison for life with or without the possibility of parole is actually imposed, or
(2) the appeal is brought by a proper person defendant or petitioner.
(b) Responsibilities of Trial Counsel. Trial counsel shall be responsible for filing the notice of appeal, rough draft transcript request form, and fast track statement and for consulting with appellate counsel for the case regarding the appellate issues that are raised. Trial counsel shall arrange their calendars and adjust their public or private contracts for compensation to accommodate the additional duties imposed by this Rule.
(1) Withdrawal of Trial Counsel. To withdraw from representation during the appeal, trial counsel shall file with the Supreme Court a motion to withdraw from representation. The motion shall be considered only after trial counsel has filed the notice of appeal, rough draft transcript request and fast track statement. The granting of such motions shall be conditioned upon trial counsel’s full cooperation with appellate counsel during the appeal.
(c) Notice of Appeal. In the event that an appellant elects to appeal from a district court order or judgment governed by this Rule, appellant’s trial counsel shall serve and file a notice of appeal pursuant to applicable rules and statutes.
(d) Rough Draft Transcript. A rough draft transcript is a computer-generated transcript that can be expeditiously prepared in a condensed fashion, but is not proofread, corrected or certified to be an accurate transcript.
(1) For the purposes of this Rule, a rough draft transcript shall:
(i) Be printed on paper 8 1/2 by 11 inches in size, double-sided, with the words “Rough Draft Transcript” printed on the bottom of each page;
(ii) Be produced with a yellow cover sheet in a condensed format that produces at least four conventional transcript pages on one condensed page;
(iii) Include a concordance indexing key words in the transcript; and
(iv) Include an acknowledgment by the court reporter or recorder that the document submitted pursuant to this section of this Rule is a true original or copy of the rough draft transcript.
(2) Notification of Court Reporter or Recorder. When a case may be subject to this Rule, the presiding district court judge shall notify the court reporter or recorder for the case prior to trial that a rough draft transcript may be required.
(3) Request for Rough Draft Transcript. When a rough draft transcript is necessary for an appeal, trial counsel shall file a rough draft transcript request form with the district court and shall serve a copy of the request form upon the court reporter or recorder and opposing counsel. Trial counsel shall file with the Supreme Court 2 file-stamped copies of the rough draft transcript request form and proof of service of the form upon the court reporter or recorder and opposing counsel.
(i) Trial counsel shall serve and file the documents specified in subsection (d)(3) of this Rule on the same date the notice of appeal is served and filed. The rough draft transcript request shall substantially comply with Form 5 of the Appendix of Forms.
(ii) Counsel shall order transcripts of only those portions of the proceedings which counsel reasonably and in good faith believes are necessary to determine whether appellate issues are present. In particular, transcripts of jury voir dire, opening statements, closing arguments, and the reading of jury instructions shall not be requested unless pertinent to the appeal.
(iii) The court reporter or recorder shall submit an original rough draft transcript, as requested by appellant’s or respondent’s counsel, to the district court no more than 20 days after the date of service of the request. The court reporter or recorder shall also deliver certified copies of the rough draft transcript to the requesting and opposing attorneys no more than 20 days after the date of service of the request. Within 5 days after delivering the certified copies of the rough draft transcript, the court reporter or recorder shall file with the clerk of the Supreme Court a certificate acknowledging delivery of the completed transcript and specifying the transcripts that have been delivered and the date that they were delivered to the requesting party.
(iv) Relevant portions of the trial or hearing that were audio recorded or video recorded shall be submitted in typewritten form. The Supreme Court shall not accept audio or video tapes in lieu of a rough draft transcript.
(4) Supplemental Request for Rough Draft Transcript. Opposing counsel may make a supplemental request for portions of the rough draft transcript that were not previously requested. The request shall be made no more than 3 days after opposing counsel is served with the transcript request made pursuant to subsection (d)(3) of this Rule. In all other respects, opposing counsel shall comply with the provisions of this Rule governing a rough draft transcript request when making a supplemental rough draft transcript request.
(5) Sufficiency of the Rough Draft Transcript. Trial counsel shall be responsible for reviewing the sufficiency of the rough draft transcript. In the event a substantial question arises regarding an inaccuracy in a rough draft transcript, the Supreme Court may order the production of a certified transcript.
(6) The provisions of subsection (d)(1) of this Rule shall not apply to preparation of transcripts produced by means other than computer-generated technology. Time limitations and other procedures governing requests for and preparation of transcripts produced by means other than computer-generated technology, however, shall conform with the provisions of this Rule respecting rough draft transcripts.
(e) Filing of Fast Track Statement and Appendix. Within 40 days from the date the notice of appeal is filed with the district court, appellant’s trial counsel shall file an original and 1 copy of both a form fast track statement and an appendix with the Supreme Court. The fast track statement shall substantially comply with Form 6 of the Appendix of Forms.
(1) The fast track statement shall not exceed 10 pages in length and shall include the following:
(i) A statement of jurisdiction for the appeal;
(ii) A statement of the case and procedural history of the case;
(iii) A concise statement summarizing all facts material to a consideration of the issues on appeal;
(iv) An outline of the alleged error(s) of the district court;
(v) A statement describing how the alleged issues on appeal were preserved during trial;
(vi) Legal argument, including authorities, pertaining to the alleged error(s) of the district court;
(vii) Where applicable, a statement regarding the sufficiency of the rough draft transcript; and
(viii) Where applicable, a reference to all related or prior appeals, including the appropriate citations for those appeals.
(2) Counsel have a duty to confer and attempt to reach an agreement concerning a possible joint appendix to be filed with the fast track statement. In the absence of an agreement respecting a joint appendix, appellant shall prepare and file a separate appendix with the fast track statement. The preparation and contents of appendices shall comply with Rules 30 and 32 and shall be paginated sequentially. Every assertion in the fast track statement regarding matters in an appendix shall cite to the page of the appendix that supports that assertion.
(f) Filing of Fast Track Response. Within 20 days from the date a fast track statement is filed with the Supreme Court, the respondent shall file an original and 1 copy of its fast track response. The fast track response shall substantially comply with Form 7 of the Appendix of Forms.
(1) The fast track response shall not exceed 10 pages in length and shall include additional authority and factual information necessary to rebut the contentions in the fast track statement.
(2) Counsel have a duty to confer and attempt to reach an agreement concerning a possible joint appendix. In the absence of an agreement respecting a joint appendix, respondent shall file an original and 1 copy of a separate appendix with the fast track response. The preparation and contents of appendices shall comply with Rules 30 and 32 and shall be paginated sequentially. Every assertion in the fast track response regarding matters in an appendix shall cite to the page of the appendix that supports that assertion.
(g) Filing of Supplemental Fast Track Statement and Response. An original and 1 copy of a supplemental fast track statement of not more than 5 pages may be filed by appellate counsel if appellate counsel differs from trial counsel and if appellate counsel can assert material issues which should be considered and which were not raised in the fast track statement. The supplemental statement shall be filed with the Supreme Court and served upon opposing counsel no more than 20 days after the filing of the fast track statement or appellate counsel’s appointment, whichever is later. A response to a supplemental fast track statement of not more than 5 pages may be filed by the respondent and served upon opposing counsel no later than 10 days after the filing and service of the supplemental fast track statement.
(h) Extensions of Time.
(1) A court reporter or recorder may request by telephone a 5-day extension of time for the preparation of a rough draft transcript if such preparation requires more time than is allowed under this Rule. If good cause is shown, the clerk of the Supreme Court or a designated deputy may grant such requests via telephone or by written order of the clerk. Subsequent extensions of time for filing rough draft transcripts shall be granted only upon motion to the Supreme Court. Such motions shall justify the requested extension in light of the time limits provided in this Rule, and shall specify the exact length of the extension requested. Extensions of time for the filing of rough draft transcripts shall be granted only upon demonstration of good cause. Sanctions may be imposed if such motions are brought without reasonable grounds.
(2) Counsel may request by telephone a 5-day extension of time for filing fast track statements and responses, and supplemental fast track statements and responses. If good cause is shown, the clerk of the Supreme Court may grant such requests via telephone or by written order of the clerk. Subsequent extensions of time for filing fast track statements and responses, and supplemental fast track statements and responses shall be granted only upon motion to the Supreme Court. Such motions shall justify the requested extension in light of the time limits provided in this Rule, and shall specify the exact length of the extension requested. Extensions of time for the filing of fast track statements and responses, and supplemental fast track statements and responses shall be granted only upon demonstration of extreme need or merit. Sanctions may be imposed if such motions are brought without reasonable grounds.
(i) Amendments to Statements and Responses. Leave to amend fast track statements and responses, or supplemental fast track statements and responses shall be granted only upon motion to the Supreme Court. Motions to amend shall justify the absence of the offered arguments in the initial or supplemental fast track statement or response. Such motions shall be granted only upon demonstration of extreme need or merit.
(j) Full Briefing, Calendaring or Summary Disposition.
(1) Based solely upon review of the rough draft transcript, fast track statement, fast track response, and any supplemental documents, the Supreme Court may summarily dismiss the appeal, may affirm or reverse the decision appealed from without further briefing or argument, may order the appeal to be fully briefed and argued or submitted for decision without argument, may order that briefing and any argument be limited to specific issues, or may direct the appeal to proceed in any manner reasonably calculated to expedite its resolution and promote justice.
(2) If the Supreme Court orders an appeal to be fully briefed, and neither party objects to the sufficiency of the rough draft transcripts to adequately inform this court of the issues raised in the appeal, counsel are not required to file certified transcript request forms pursuant to Rule 9. If a party’s brief will cite to a transcript not previously filed in this court, that party shall cause a supplemental transcript to be prepared and filed in the district court and the Supreme Court pursuant to Rule 9 within the time specified for filing the brief in the Supreme Court’s briefing order. If a party’s brief will cite to documents not previously filed in this court, that party shall file and serve an appropriately documented supplemental appendix with the brief.
(k) Reserved.
(l) Withdrawal of Appeal. If an appellant no longer desires to pursue an appeal after the notice of appeal is filed, counsel responsible for the appeal at that time shall file with the Supreme Court a notice of withdrawal of appeal. The notice of withdrawal of appeal shall substantially comply with Form 8 of the Appendix of Forms.
(m) Court Reporter or Recorder Protection and Compensation. When preparing and submitting rough draft transcripts under this Rule,
(1) Court reporters or recorders shall not be subject to civil, criminal or administrative causes of action for inaccuracies in a rough draft transcript unless the court reporter or recorder willfully:
(i) Fails to take full and accurate stenographic notes of the criminal proceeding for which the rough draft transcript is submitted, or willfully and improperly alters stenographic notes from the criminal proceeding, or willfully transcribes audio or video tapes inaccurately; and
(ii) Such willful conduct proximately causes injury or damage to the party asserting the action, and that party demonstrates that appellate or post-conviction relief was granted or denied based upon the court reporter’s or recorder’s inaccuracies.
(2) Compensation. Court reporters shall be compensated as follows:
(i) For the preparation of a rough draft transcript, the court reporter shall receive 100 percent of the rate established by NRS 3.370 for each transcript page as defined by NRS 3.370 and $25.00 for costs. Costs include the cost of an ASCII diskette, which is included with the original and each copy of the rough draft transcript, and the cost of delivery of the original and copies of the rough draft transcript. In the event that overnight delivery is required to or from outlying areas, that cost shall be additional.
(ii) In the event a certified transcript is ordered after the rough draft transcript is prepared, the court reporter shall receive an additional fee equal to 25 percent of the amount established by NRS 3.370 for the already prepared rough draft portion of the transcript. Any portions not included with the rough draft transcript will be compensated by the amount established by NRS 3.370.
(n) Sanctions. Any attorney, court reporter, or court recorder who lacks due diligence in compliance with this Rule may be subject to sanctions by the Supreme Court. Sanctionable actions include, but are not limited to, failure of trial counsel to file a timely fast track statement or fast track response; failure of trial counsel to fully cooperate with appellate counsel during the course of the appeal; and failure of counsel to raise material issues or arguments in a fast track statement, response, supplemental statement or supplemental response.
(o) Conflict. The provisions of this Rule shall prevail over conflicting provisions of any other rule.
[Added; effective September 1, 1996; as amended; effective July 1, 2007.]
RULE 3D. JUDICIAL DISCIPLINE: RIGHT TO APPEAL; HOW TAKEN; RULES GOVERNING
(a) Definitions. As used in this rule:
(1) “Respondent” means any supreme court justice, district judge, justice of the peace, or municipal court judge or referee, master, or commissioner who is the subject of any disciplinary or removal proceedings instituted before the commission.
(2) “Service” means service by personal delivery or by registered mail or certified mail, return receipt requested.
(b) Who May Appeal. Any supreme court justice, district judge, justice of the peace, or municipal court judge or referee, master, commissioner or other judicial officer who is the subject of any disciplinary or removal proceedings instituted before the commission on judicial discipline may appeal to the supreme court from the orders set forth in subsection (c) of this rule.
(c) Appealable Decisions. An appeal may be taken:
(1) From an order of suspension from the exercise of office under NRS 1.4675.
(2) From an order of censure, removal, retirement, or other form of discipline.
(d) Notice of Appeal. An appeal to the supreme court from a commission order shall be taken by filing a notice of appeal with the clerk of the commission and serving such notice on the prosecuting counsel, if any. Filing and service must be made within fifteen (15) days after service on the respondent of the commission’s formal order of suspension, censure, removal, retirement, or other discipline, together with its formal findings of fact and conclusions of law. Upon the filing of the notice of appeal, the clerk of the commission shall immediately transmit to the clerk of the supreme court two (2) file-stamped copies of the notice of appeal.
(e) Transcripts. Any request for all or part of a transcript must be made in accordance with rules adopted by the commission in regard thereto.
(f) Applicable Rules. In all other respects an appeal from a commission order shall proceed in the same manner as a civil appeal except that the provisions of Rule 4(c) for expediting criminal appeals shall apply to all appeals from orders or actions taken by the commission. Other provisions in the Nevada Rules of Appellate Procedure apply to appeals from a commission order, unless this rule expressly provides to the contrary or application of a particular rule is clearly impracticable, inappropriate, or inconsistent. All references to the district court in applicable portions of the Nevada Rules of Appellate Procedure must be deemed references to the commission.
(g) Interlocutory Orders. Review of interlocutory orders of the commission, which are considered either by the prosecuting officer or the respondent judge to be without or in excess of jurisdiction, may be sought by way of petition for an appropriate extraordinary writ.
(h) Disqualification of Supreme Court Justices. Any justice who sat on the commission is disqualified from participating in the consideration or decision of an appeal from an action that was taken by the commission during his or her membership on the commission.
[Added; effective February 21, 2003.]
RULE 3E. FAST TRACK CHILD CUSTODY APPEALS
(a) Applicability. This Rule applies to appeals and cross-appeals from district court orders pertaining to child custody or visitation in which either the appellant or cross-appellant is represented by counsel. This Rule applies to appeals docketed on or after June 1, 2006, and to such appeals pending before this court and removed or exempted from the settlement program on or after June 1, 2006.
This court having implemented a pilot program for proper person appeals, this Rule does not apply in those cases. If, however, either the appellant or cross-appellant is represented by counsel and the opposing party is in proper person, the opposing proper person party must file all documents in compliance with this Rule, notwithstanding Rule 46(b).
(b) Responsibilities of Appellant. Appellant and cross-appellant are responsible for filing the notice of appeal, case appeal statement, docketing statement, a transcript request form, and a fast track statement for the case identifying the appellate issues that are raised.
(c) Request for Transcripts or Rough Draft Transcripts.
(1) Rough Draft Transcript. For the purposes of this Rule, a rough draft transcript is a computer-generated transcript that can be expeditiously prepared in a condensed fashion, but is not proofread, corrected or certified to be an accurate transcript. A rough draft transcript shall:
(i) be printed on paper 8 1/2 by 11 inches in size, double-sided, with the words “Rough Draft Transcript” printed on the bottom of each page;
(ii) be produced with a yellow cover sheet in a condensed format that produces at least four conventional transcript pages on one condensed page;
(iii) include a concordance, indexing key words contained in the transcript; and
(iv) include an acknowledgment by the court reporter or recorder that the document submitted pursuant to this Rule is a true original or copy of the rough draft transcript.
(2) Transcript Requests.
(i) Filing and Serving Request Form. The parties have a duty to confer and attempt to reach an agreement concerning the transcripts necessary for the Supreme Court’s review on appeal. When a transcript is necessary for an appeal, appellant shall file the transcript or rough draft transcript request form with the district court and shall serve a copy of the request form upon the court reporter or recorder and the opposing party. Appellant shall file and serve the request form within 10 days of the date that the Supreme Court approves the settlement conference report indicating that the parties were unable to settle or, if the case was exempted or removed from the settlement program, within 10 days of the date that the case was exempted or removed from the settlement program. Appellant shall file with the Supreme Court 2 file-stamped copies of the transcript or rough draft transcript request form and proof of service of the form upon the court reporter or recorder and the opposing party. The transcript request form shall substantially comply with Form 3 or 11 of the Appendix of Forms. If no transcript is to be requested, appellant shall file with the Supreme Court and serve the opposing party with a certificate to that effect within the same period that the transcript request form must be filed and served under this subsection.
(ii) Appellant shall order transcripts of only those portions of the proceedings that appellant reasonably and in good faith believes are necessary to determine the appellate issues.
(iii) The court reporter or recorder shall submit an original transcript or rough draft transcript, as requested by appellant, to the district court no more than 20 days after the date that the request is served. The court reporter or recorder shall also deliver certified copies of the transcript or rough draft transcript to the requesting and opposing parties no more than 20 days after the date when the request is served. Within 5 days after delivering the certified copies of the rough draft transcript, the court reporter or recorder shall file with the clerk of the Supreme Court a certificate acknowledging delivery of the completed transcript and specifying the transcripts that have been delivered and the date that they were delivered to the requesting party. The preparation of transcripts shall conform with the provisions of this Rule.
(iv) Relevant portions of the trial or hearing that were audio recorded or video recorded shall be submitted in typewritten form. The Supreme Court will not accept audio or videotapes in lieu of transcripts.
(3) Supplemental Request for Transcripts or Rough Draft Transcripts. The opposing party may make a supplemental request for portions of the transcript or rough draft transcript that were not previously requested. The request shall be made no more than 5 days after appellant served the transcript request made pursuant to subsection (c)(2) of this Rule. In all other respects, the opposing party shall comply with the provisions of this Rule governing a transcript or rough draft transcript request when making a supplemental transcript request.
(4) Sufficiency of the Rough Draft Transcript. In the event that appellant elects to use rough draft transcripts, appellant shall be responsible for reviewing the sufficiency of the rough draft transcripts. In the event that a substantial question arises regarding a rough draft transcript’s accuracy, the Supreme Court may order the production of a certified transcript.
(d) Filing Fast Track Statement, Response and Appendix.
(1) Filing Fast Track Statement. Within 40 days after the Supreme Court approves the settlement conference report indicating that the parties were unable to settle the case or, if the appeal is removed or exempted from the settlement program, within 40 days after the appeal is removed or exempted, appellant and cross-appellant shall file and serve an original and one copy of both a fast track statement form and an appendix with the Supreme Court and serve one copy of the fast track statement and appendix on the opposing party. The fast track statement shall substantially comply with Form 12 of the Appendix of Forms. The fast track statement shall not exceed 15 pages in length and shall include the following:
(i) A statement of jurisdiction for the appeal;
(ii) A statement of the case and procedural history of the case;
(iii) A concise statement summarizing all facts material to a consideration of the issues on appeal;
(iv) An outline of the alleged district court error(s);
(v) Legal argument, including authorities, pertaining to the alleged error(s) of the district court;
(vi) When applicable, a statement regarding the sufficiency of the rough draft transcript; and
(vii) When applicable, a reference to all related or prior appeals, including the appropriate citations for those appeals.
(2) Filing Fast Track Response. Within 20 days from the date a fast track statement is served, the respondent and cross-respondent shall file an original and one copy of a fast track response and serve one copy of the fast track response on the opposing party. The fast track response shall substantially comply with Form 13 of the Appendix of Forms. The fast track response shall not exceed 10 pages in length and shall include additional authority and factual information necessary to rebut the contentions in the fast track statement.
(3) Expanded Fast Track Statement or Response. A party may seek leave of the Supreme Court to expand the length of the fast track statement or response. The requesting party must demonstrate that the complexity of the case and the issues presented warrant granting the request. A request for expansion must be filed at least 10 days before the fast track statement or response is otherwise due, and must specify the number of additional pages requested.
(4) Appendix. The parties have a duty under Rule 30 to confer and attempt to reach an agreement concerning a possible joint appendix to be filed with the fast track statement. In the absence of an agreement respecting a joint appendix, appellant shall prepare and file a separate appendix with the fast track statement, and respondent may prepare and file a separate appendix with the fast track response. The preparation and contents of appendices shall comply with Rules 30 and 32 and shall be paginated sequentially. Every assertion in the fast track statement or response regarding matters in an appendix shall cite to the specific page number that supports that assertion.
(e) Extensions of Time.
(1) Transcripts or Rough Draft Transcripts. A court reporter or recorder may request, by telephone, a 5-day extension of time for the preparation of a transcript or rough draft transcript if such preparation requires more time than is allowed under this Rule. The Supreme Court clerk or designated deputy may, for good cause, grant such requests via telephone or by written order.
(2) Fast Track Statements or Responses. Either party may request, by telephone, a 5-day extension of time for filing a fast track statement or response. The Supreme Court clerk or designated deputy may, for good cause, grant such requests via telephone or by written order.
(3) Subsequent Request for Extensions. Any subsequent request for an extension of time must be made by written motion to the Supreme Court. The motion must justify the requested extension in light of the time limits provided in this Rule, and shall specify the exact length of the extension requested. Extensions of time for the filing of fast track statements and responses shall be granted only upon demonstration of extreme need or merit. Sanctions may be imposed if a subsequent motion for an extension of time is brought without reasonable grounds.
(f) Appeal Disposition, Full Briefing, or Calendaring.
(1) Based solely upon review of the transcripts or rough draft transcripts, fast track statement, fast track response, and any other documents filed with the court, the Supreme Court may resolve the matter or direct full briefing.
(2) A party may seek leave of the Supreme Court to remove an appeal from the fast track program and direct full briefing. The motion must demonstrate that the specific issues raised in the appeal are complex and/or too numerous for resolution in the fast track program. Counsel for the movant must attach a written waiver from the client certifying that counsel has discussed the implications of full briefing and that the client waives expeditious resolution of the appeal.
(3) If the Supreme Court orders an appeal to be fully briefed, the parties are not required to file transcript request forms pursuant to Rule 9(a) unless otherwise ordered. If a party’s brief cites to a transcript not previously filed in the Supreme Court, that party shall cause a supplemental transcript to be prepared and filed in the district court and the Supreme Court under Rule 9 within the time specified for filing the brief in the Supreme Court’s briefing order. If a party’s brief cites to documents not previously filed in the Supreme Court, that party shall file and serve an appropriately documented supplemental appendix with the brief.
(4) Subject to extensions, and if the Supreme Court does not order full briefing, the Supreme Court shall dispose of all fast track child custody appeals within 90 days of the date the fast track response is filed.
(g) Court Reporter or Recorder Protection and Compensation. When preparing and submitting rough draft transcripts under this Rule,
(1) Court reporters or recorders shall not be subject to civil, criminal or administrative causes of action for inaccuracies in a rough draft transcript unless the court reporter or recorder willfully
(i) fails to take full and accurate stenographic notes of the proceeding for which the rough draft transcript is submitted, or willfully and improperly alters stenographic notes from the proceeding, or willfully transcribes audio or video tapes inaccurately; and
(ii) such willful conduct proximately causes injury or damage to a party asserting the action, and that party demonstrates that appellate relief was granted or denied based upon the court reporter’s or recorder’s inaccuracies.
(2) Court reporters shall be compensated as follows:
(i) For the preparation of a transcript or rough draft transcript, the court reporter shall receive 100 percent of the rate established by NRS 3.370 for each transcript page and for costs. A party ordering transcripts or copies must pay the court reporter’s fee. No reporter may be required to perform any service in a civil case until the fees have been paid to him or her, or deposited with the court clerk.
(ii) In the event that a certified transcript is ordered after the rough draft transcript is prepared, the court reporter shall receive an additional fee as established by NRS 3.370.
(h) Sanctions. Any party, attorney, court reporter, or court recorder who lacks due diligence in compliance with this Rule may be subject to sanctions by the Supreme Court. Sanctionable actions include, but are not limited to, failure of appellant to timely file a fast track statement or respondent’s failure to file a fast track response; and failure of a party to raise material issues or arguments in a fast track statement or response.
(i) Conflict. The provisions of this Rule shall prevail over conflicting provisions of any other rule.
[Added; effective June 1, 2006; as amended; effective July 1, 2007.]
(a) Appeals in Civil Cases.
(1) Time and Location for Filing a Notice of Appeal. In a civil case in which an appeal is permitted by law from a district court to the Supreme Court, the notice of appeal required by Rule 3 shall be filed with the clerk of the district court. Except as provided in Rule 4(a)(4), a notice of appeal must be filed after entry of a written judgment or order, and no later than 30 days after the date that written notice of entry of the judgment or order appealed from is served. If an applicable statute provides that a notice of appeal must be filed within a different time period, the notice of appeal required by these rules must be filed within the time period established by the statute.
[As amended; effective December 16, 2004.]
(2) Multiple Appeals. If a party timely files a notice of appeal, any other party may file and serve a notice of appeal within 14 days of the date on which the first notice of appeal was served, or within the time otherwise prescribed by Rule 4(a), whichever period last expires.
[As amended; effective December 16, 2004.]
(3) Entry Defined. A judgment or order is entered within the meaning of this Rule when it is signed by the judge or by the clerk, as the case may be, and filed with the clerk. A notice or stipulation of dismissal filed pursuant to N.R.C.P. 41(a)(1) has the same effect as a judgment or order signed by the judge and filed by the clerk and constitutes entry of a judgment or order for the purposes of this Rule. If such a notice or stipulation dismisses all unresolved claims pending in an action in the district court, the notice or stipulation constitutes entry of a final judgment or order for purposes of this Rule.
[As amended; effective December 16, 2004.]
(4) Effect of Certain Motions on a Notice of Appeal. If a party timely files in the district court any of the following motions under the Nevada Rules of Civil Procedure, the time to file a notice of appeal runs for all parties from entry of an order disposing of the last such remaining motion, and the notice of appeal must be filed no later than 30 days from the date of service of written notice of entry of that order:
(i) a motion for judgment under Rule 50(b);
(ii) a motion under Rule 52(b) to amend or make additional findings of fact;
(iii) a motion under Rule 59 to alter or amend the judgment;
(iv) a motion for a new trial under Rule 59.
[Added; effective December 16, 2004.]
(5) Appeal From Certain Amended Judgments and Post-Judgment Orders. An appeal from a judgment substantively altered or amended upon the granting of a motion listed in Rule 4(a)(4), or from an order granting or denying a new trial, is taken by filing a notice of appeal, or amended notice of appeal, in compliance with Rule 3. The notice of appeal or amended notice of appeal must be filed after entry of a written order disposing of the last such remaining timely motion and no later than 30 days from the date of service of written notice of entry of that order.
[Added; effective December 16, 2004.]
(6) Premature Notice of Appeal. A premature notice of appeal does not divest the district court of jurisdiction. The supreme court may dismiss as premature a notice of appeal filed after the oral pronouncement of a decision or order but before entry of the written judgment or order, or before entry of the written disposition of the last-remaining timely motion listed in Rule 4(a)(4). If, however, a written order or judgment, or a written disposition of the last-remaining timely motion listed in Rule 4(a)(4), is entered before dismissal of the premature appeal, the notice of appeal shall be considered filed on the date of and after entry of the order, judgment or written disposition of the last-remaining timely motion.
[Added; effective December 16, 2004.]
(7) Amended Notice of Appeal. No additional fees shall be required if any party files an amended notice of appeal in order to comply with the provisions of this Rule.
[Added; effective September 1, 1989; amended; December 16, 2004.]
(b) Appeals in Criminal Cases.
(1) In a criminal case, the notice of appeal by a defendant shall be filed in the district court within thirty (30) days after the entry of the judgment or order appealed from. A notice of appeal filed after the announcement of a decision, sentence or order but before entry of the judgment or order shall be treated as filed after such entry and on the day thereof. If a timely motion in arrest of judgment or for a new trial on any ground other than newly discovered evidence has been made, an appeal from a judgment of conviction may be taken within thirty (30) days after the entry of an order denying the motion. A motion for a new trial based on the ground of newly discovered evidence will similarly extend the time for appeal from a judgment of conviction if the motion is made before or within thirty (30) days after entry of the judgment. When an appeal by the state is authorized by statute, the notice of appeal shall be filed in the district court within thirty (30) days after the entry of the judgment or order appealed from. A judgment or order is entered within the meaning of this rule when it is signed by the judge and filed with the clerk.
(2) The district court judge shall enter a written judgment of conviction within ten (10) days after sentencing. The district court judge shall enter a written judgment or order finally resolving any post-conviction matter within twenty (20) days after the district court judge’s oral pronouncement of a final decision in such a matter. The judgment or order in any post-conviction matter must contain specific findings of fact and conclusions of law supporting the decision of the district court. This court may impose sanctions on any counsel instructed by the district court judge to draft the judgment or order and who does not submit the proposed judgment or order to the district court judge within the applicable time periods specified in this subsection.
[As amended; effective February 22, 1998.]
(c) Expediting Criminal Appeals. The court may, by a majority of its members, make orders to expedite the handling of criminal appeals, including without limitation the following:
(1) Elimination of steps in preparation of the record and the briefs.
(2) Expediting preparation of stenographic transcripts.
(3) Priority of calendaring for oral argument.
(4) Utilization of court opinions or per curiam orders.
(5) Other lawful measures reasonably calculated to expedite the appeal and promote justice.
RULE 5. CERTIFICATION OF QUESTIONS OF LAW
(a) Power to Answer. The Supreme Court may answer questions of law certified to it by the Supreme Court of the United States, a Court of Appeals of the United States, or of the District of Columbia, or a United States District Court, when requested by the certifying court, if there are involved in any proceeding before those courts questions of law of this state which may be determinative of the cause then pending in the certifying court and as to which it appears to the certifying court there is no controlling precedent in the decisions of the supreme court of this state.
(b) Method of Invoking. This rule may be invoked by an order of any of the courts referred to in section (a) upon the court’s own motion or upon the motion of any party to the cause.
(c) Contents of Certification Order. A certification order shall set forth:
(1) The questions of law to be answered;
(2) A statement of all facts relevant to the questions certified and showing fully the nature of the controversy in which the questions arose;
(3) The names of the appellant and respondent;
(4) The names and addresses of counsel for the appellant and respondent; and
(5) Any other matters that the certifying court deems relevant to a determination of the questions certified.
(d) Preparation of Certification Order. The certification order shall be prepared by the certifying court, signed by the judge presiding at the hearing, and forwarded to the Supreme Court by the clerk of the certifying court under its official seal. The Supreme Court may require the original or copies of all or of any portion of the record before the certifying court to be filed with the certification order, if, in the opinion of the Supreme Court, the record or portion thereof may be necessary in answering the questions.
(e) Costs of Certification. Fees and costs shall be the same as in civil appeals docketed before the Supreme Court and shall be equally divided between the parties unless otherwise ordered by the certifying court in its order of certification.
(f) Briefs and Argument. Proceedings in the Supreme Court shall be those provided in the Nevada Rules of Appellate Procedure governing briefs and arguments.
(g) Opinion. The written opinion of the Supreme Court stating the law governing the questions certified shall be sent by the clerk under the seal of the Supreme Court to the certifying court and to the parties and shall be res judicata as to the parties.
[Added; effective October 26, 1987.]
RULE 7. BOND FOR COSTS ON APPEAL IN CIVIL CASES
Unless an appellant is exempted by law, or has filed a supersedeas bond or other undertaking which includes security for the payment of costs on appeal, in civil cases a bond for costs on appeal or equivalent security shall be filed by the appellant in the district court with the notice of appeal; but security shall not be required of an appellant who is not subject to costs. The bond or equivalent security shall be in the sum or value of $250 unless the district court fixes a different amount. A bond for costs on appeal shall have sufficient surety, and it or any equivalent security shall be conditioned to secure the payment of costs if the appeal is finally dismissed or the judgment affirmed, or of such costs as the Supreme Court may direct if the judgment is modified. If a bond or equivalent security in the sum or value of $250 is given, no approval thereof is necessary. After a bond for costs on appeal is filed, a respondent may raise for determination by the clerk of the district court objections to the form of the bond or to the sufficiency of the surety. The provisions of Rule 8(b) apply to a surety upon a bond given pursuant to this rule.
RULE 8. STAY OR INJUNCTION PENDING APPEAL
(a) Stay Must Ordinarily Be Sought in the First Instance in District Court; Motion for Stay in Supreme Court. Application for a stay of the judgment or order of a district court pending appeal, or for approval of a supersedeas bond, or for an order suspending, modifying, restoring or granting an injunction during the pendency of an appeal must ordinarily be made in the first instance in the district court. A motion for such relief may be made to the Supreme Court or to a justice thereof, but the motion shall show that application to the district court for the relief sought is not practicable, or that the district court has denied an application, or has failed to afford the relief which the applicant requested, with the reasons given by the district court for its action. The motion shall also show the reasons for the relief requested and the facts relied upon, and if the facts are subject to dispute the motion shall be supported by affidavits or other sworn statements or copies thereof. With the motion shall be filed such parts of the record as are relevant. Reasonable notice of the motion shall be given to all parties. The motion shall be filed with the clerk and normally will be considered by the court or a quorum thereof but in exceptional cases where such procedure would be impracticable due to the requirements of time, the application may be made to and considered by a single justice of the court.
(b) Stay May Be Conditioned Upon Giving of Bond; Proceedings Against Sureties. Relief available in the Supreme Court under this rule may be conditioned upon the filing of a bond or other appropriate security in the district court. If security is given in the form of a bond or stipulation or other undertaking with one or more sureties, each surety submits himself to the jurisdiction of the district court and irrevocably appoints the clerk of the district court as his agent upon whom any papers affecting his liability on the bond or undertaking may be served. His liability may be enforced on motion in the district court without the necessity of an independent action. The motion and such notice of the motion as the district court prescribes may be served on the clerk of the district court, who shall forthwith mail copies to the sureties if their addresses are known.
(c) Stays in Civil Cases Not Involving Child Custody. In deciding whether to issue a stay or injunction, this court will generally consider the following factors: (1) whether the object of the appeal will be defeated if the stay or injunction is denied; (2) whether appellant will suffer irreparable or serious injury if the stay or injunction is denied; (3) whether respondent will suffer irreparable or serious injury if the stay or injunction is granted; and (4) whether appellant is likely to prevail on the merits in the appeal.
(d) Stays in Civil Cases Involving Child Custody. In deciding whether to issue a stay in matters involving child custody, this court will consider the following factors: (1) whether the child(ren) will suffer hardship or harm if the stay is either granted or denied; (2) whether the nonmoving party will suffer hardship or harm if the stay is granted; (3) whether movant is likely to prevail on the merits in the appeal; and (4) whether a determination of other existing equitable considerations, if any, is warranted.
(e) Stays in Criminal Cases; Admission to Bail. Stays in criminal cases shall be had in accordance with the provisions of NRS 177.095 et seq. Admission to bail shall be as provided in NRS 178.488.
(f) Stay of Execution of Death Penalty. Immediately upon entry of an order of the Supreme Court staying execution of the death penalty, the clerk shall deliver copies thereof to the Governor of Nevada and to the warden of the Nevada State Prison.
[As amended, effective June 7, 2000.]
RULE 9. TRANSCRIPT; DUTY OF COUNSEL; DUTY OF THE COURT REPORTER
(a) Duty of Counsel; Request for Transcript. Counsel have a duty to confer and attempt to reach an agreement concerning the transcripts necessary for the Supreme Court’s review on appeal. If a verbatim record was made of the district court proceedings, the appellant shall, no later than 15 days from the date the notice of appeal was filed in the district court, file in the Supreme Court an original and 1 copy of a transcript request form specifying the portions of the transcript requested. Appellant shall serve a copy of the transcript request form on the reporter who recorded the proceedings, and on all parties to the appeal. Appellant must pay an appropriate deposit to the court reporter at the time of such service, unless appellant is proceeding in forma pauperis or is otherwise exempt from payment of the reporter’s fees. If no transcript is to be requested, the appellant shall file and serve a certificate to that effect within the same period. If more than one appeal is taken, each appellant shall comply with the provisions of this Rule.
(1) Transcript Request Form. The transcript request form must substantially comply with Form 3 in the Appendix of Forms, and must contain the following information:
(i) Name of the judge or officer who heard the proceedings;
(ii) Date or dates of the trial or hearing to be transcribed;
(iii) Portions of the transcript requested;
(iv) Number of copies required; and
(v) A certification by appellant’s counsel that the attorney has ordered the required transcripts and has paid the required deposits. This certification shall specify from whom the transcript was ordered, the date the transcript was ordered, and the date the deposit was paid.
(2) Supplemental Request. If the parties cannot agree on the transcripts necessary to the Supreme Court’s review, and appellant requests only part of the reporter’s transcript, appellant shall request such additional parts thereof as the respondent considers necessary. Within 10 days from the date the initial transcript request is filed, respondent shall notify appellant in writing of the additional portions required. Appellant shall have 10 days thereafter within which to file and serve a supplemental transcript request form and pay any additional deposit required.
(3) Consequences of Failure to Comply. A party’s failure to comply with the time limits of this Rule may result in the imposition of sanctions, including dismissal of the appeal.
(b) Preparation and Filing; Duty of the Court Reporter. The court reporter shall promptly prepare or arrange for the preparation of the transcript, which shall be completed within 30 days of the filing of the transcript request form. If a supplemental transcript request form is filed pursuant to subdivision (a)(2) of this Rule, the transcript shall be completed within 30 days of the filing of the supplemental transcript request form. The court reporter responsible for preparing the transcript shall deliver the original to the clerk of the district court for filing and shall deliver certified copies to the party ordering the transcript. The court reporter shall file with the clerk of the Supreme Court, within 10 days after the transcript is delivered to the requesting party, a certificate acknowledging delivery of the completed transcript and specifying the transcripts that have been delivered and the date that they were delivered to the requesting party.
(1) Number of Copies Required; Costs. Appellant shall furnish counsel for each party appearing separately a copy of the transcript. Any costs associated with the preparation and delivery of the transcript shall be paid initially by the appellant, unless otherwise ordered.
(2) Failure to Pay Deposit. The court reporter is not obligated to commence preparation of the transcript until receipt of the deposit required by subdivision (a) of this Rule. If appellant fails to timely pay the deposit, the court reporter must notify the Supreme Court in writing that the deposit has not been received. The notice must be served on counsel for the party requesting the transcript, and must contain a statement of the full amount of the deposit and the amount which remains unpaid. The court reporter must file this notice with the clerk of the Supreme Court no later than 30 days from the date of filing of the transcript request form.
(c) Failure of Timely Filing; Extensions. In the event the court reporter cannot file a timely transcript, the reporter shall seek an extension of time from the Supreme Court. Requests for extensions of time for preparation of a transcript will be closely scrutinized, and will be granted only upon a showing of good cause. A court reporter who fails to file a timely transcript without a sufficient excuse may be subject to sanctions pursuant to Rule 13.
(1) Extension of Time; Supporting Documentation and Affidavits. Any motion by the court reporter to extend the time for preparation of a transcript shall be accompanied by the affidavit of the court reporter setting forth the reasons for the requested extension, and the length of additional time needed to prepare the transcript. The motion must be served on counsel for the party requesting the transcript.
(d) Statement of the Evidence or Proceedings When No Report Was Made or When the Transcript Is Unavailable. If no report of the evidence or proceedings at a hearing or trial was made, or if a transcript is unavailable, the appellant may prepare a statement of the evidence or proceedings from the best available means, including appellant’s recollection. The statement shall be served on the respondent, who may serve objections or propose amendments thereto within 10 days after service. Thereupon the statement and any objections or proposed amendments shall be submitted to the district court for settlement and approval and as settled and approved shall be included by the clerk of the district court in the trial court record, and may be included in any appendix filed in the Supreme Court.
[Added; effective September 1, 1996; as amended; effective July 1, 2007.]
(a) The Trial Court Record. The trial court record consists of the papers and exhibits filed in the district court, the transcript of the proceedings, if any, the district court minutes, and the docket entries made by the district court clerk.
(1) Retention of Record. The trial court record shall be retained by the district court clerk. When the Supreme Court deems it necessary to review the trial court record, the clerk of the district court shall assemble and transmit such portions of the record designated by the Supreme Court to the clerk of the Supreme Court in accordance with the provisions of Rule 11. Any costs associated with the preparation and transmission of the record shall be paid initially by the appellant, unless otherwise ordered.
(b) The Appellate Court Record—The Appendix. For the purposes of appeal, the parties shall submit to the Supreme Court copies of the portions of the trial court record to be used on appeal and copies of all transcripts necessary to the Supreme Court’s review, as appendices to their briefs. Pursuant to Rule 30(a), the filing of a joint appendix is preferred.
(1) Exhibits. If exhibits cannot be copied to be included in the appendix, the parties may request transmittal of the original exhibits to the Supreme Court pursuant to Rule 30(d).
(c) Correction or Modification of the Record. If any difference arises as to whether the trial court record truly discloses what occurred in the district court, the difference shall be submitted to and settled by that court and the trial court record made to conform to the truth. Questions as to the form and content of the appellate court record shall be presented to the Supreme Court.
[Replaced; effective September 1, 1996; as amended; effective July 1, 2007.]
RULE 11. PREPARATION AND TRANSMISSION OF THE RECORD
(a) Preparation of the Record. Upon written direction from the Supreme Court, the clerk of the district court shall provide the Supreme Court with the papers or exhibits comprising the trial court record. The record shall be assembled, paginated, and indexed in the same manner as an appendix to the briefs under Rule 30. Whenever the Supreme Court is of the opinion that its review of original papers or exhibits is necessary, the clerk shall transmit the original trial court record in lieu of copies.
(1) Exhibits. If the Supreme Court directs transmittal of exhibits, the exhibits shall not be included with the documents comprising the record. The district court clerk shall place exhibits in an envelope or other appropriate container, so far as practicable. The title of the case, the Supreme Court docket number, and the number and description of all exhibits shall be listed on the envelope, or if no envelope is used, then on a separate list.
(2) Record in Proper Person Cases. When the Supreme Court directs transmission of the complete record in cases in which the appellant is proceeding in proper person, the record shall contain each and every paper, pleading and other document filed, or submitted for filing, in the district court. The record shall also include any previously prepared transcripts of the proceedings in the district court. If the Supreme Court should determine that additional transcripts are necessary to its review, the court may order the reporter who recorded the proceedings to prepare and file the transcripts.
(b) Duty of Clerk to Certify and Transmit the Record. The clerk of the district court shall certify and transmit the record to the clerk of the Supreme Court. Transmission of the record is effected when the clerk of the district court mails or otherwise forwards the record to the clerk of the Supreme Court. The clerk of the district court shall indicate, by endorsement on the face of the record or otherwise, the date upon which it is transmitted to the Supreme Court.
(c) Time for Transmission. The trial court record shall be transmitted within the time allowed by the Supreme Court, unless the time is extended by an order entered under subdivision (d) of this Rule.
(d) Failure of Timely Transmittal; Extensions. In the event the district court clerk cannot timely transmit the record, the clerk shall seek an extension of time from the Supreme Court. A district court clerk who fails to transmit a timely record on appeal without sufficient excuse may be subject to sanctions.
(1) Extension of Time; Supporting Documentation and Affidavits. Any motion by the district court clerk to extend the time for transmitting the record shall be accompanied by the affidavit of the clerk or deputy clerk setting forth the reasons for the requested extension, and the length of additional time needed to prepare the record.
[Replaced; effective September 1, 1996.]
RULE 12. DOCKETING THE APPEAL; FILING OF THE RECORD
(a) Docketing the Appeal. Upon receipt of the copies of the notice of appeal and other documents transmitted by the district court clerk pursuant to Rule 3, the clerk of the Supreme Court shall enter the appeal upon the docket. The clerk shall immediately give notice to all parties of the date on which the appeal was docketed. Automatic appeals from a judgment of conviction of death shall be docketed in accordance with S.C.R. 250.
(1) The Supreme Court may upon motion for cause shown enlarge the time for docketing the appeal or permit the appeal to be docketed out of time.
(2) If a notice of appeal is filed by any party other than the original appellant, in accordance with Rule 4(a), the parties shall be designated as appellants and cross-appellants as required by Rule 28(h). A subsequent appeal shall in all respects be treated as an initial appeal, including the payment of the prescribed filing fee. Cross-appeals will be filed under the same docket number, and calendared and argued with the initial appeal.
(b) Filing of the Record. Upon receipt of the record by the clerk of the Supreme Court, the clerk shall file the record. The clerk shall immediately give notice to all parties of the date on which the record was filed.
(c) Dismissal for Failure of Appellant to Docket Appeal. If the appellant shall fail to cause timely docketing of the appeal or to pay the filing fee if a docket fee is required, any respondent may file a motion in the Supreme Court to dismiss the appeal. The motion shall be supported by a certificate of the clerk of the district court showing the date and substance of the judgment or order from which the appeal was taken, the date on which the notice of appeal was filed, and by proof of service. The appellant may respond within seven (7) days of such service. The clerk shall docket the appeal for the purpose of permitting the court to entertain the motion without requiring payment of the filing fee, but the appellant shall not be permitted to respond without payment of the fee unless the appellant is otherwise exempt therefrom.
[As amended; effective September 1, 1996.]
RULE 13. COURT REPORTERS’ DUTIES AND OBLIGATIONS; SANCTIONS
(a) Court Reporters’ Duties and Obligations. Persons serving as court reporters or reporters pro tempore in trials, proceedings, or hearings subject to Supreme Court review are, for such purposes, officers of the Supreme Court, and as such are accountable to the Supreme Court for the faithful performance of their duties and obligations. Subject to the provisions of Rule 9, any person acting as a court reporter or reporter pro tempore in a trial, proceeding, or other matter subject to Supreme Court review has a duty expeditiously to prepare, and punctually to deliver, all transcripts needed for such review; such person accordingly has a duty to refrain from undertaking further professional assignments that may unduly interfere with timely preparation and delivery of transcripts necessary for review of matters already heard; and where appropriate such person shall promptly notify every affected judge of the reporter’s consequent unavailability to report matters currently being heard, so that substitute reporters pro tempore may be obtained.
(b) Sanctions. For default in the professional obligations of any court reporter or reporter pro tempore, if such default threatens or adversely affects the efficiency or integrity of the Supreme Court, appropriate sanctions will be imposed. The Supreme Court may, for reasons stated, enter an order (1) referring an apparent offender to the Certified Shorthand Reporters Board of Nevada for disciplinary action in accordance with the provisions of Chapter 656 of the Nevada Revised Statutes; or (2) requiring such person to appear before the Supreme Court, or its designated master, to show cause why he or she should not be precluded from undertaking to act as a reporter in regard to any trial, proceeding, administrative hearing, or deposition, that is subject to Supreme Court review; why he or she should not be punished for contempt of court; and why damages should not be awarded to either or both parties, and to the State of Nevada, if loss of court time results.
[As amended; effective September 1, 1996.]
(a) Application and Purpose of Docketing Statement. Appellants shall file completed docketing statements in accordance with the provisions of this Rule in all civil and criminal appeals, except criminal appeals governed by Rule 3C. Unless a cross-appeal is filed, the respondent may not complete a docketing statement but may file a response as specified in subsection (f) of this Rule. This Rule does not apply to original proceedings commenced in the Supreme Court pursuant to NRS Chapters 34 or 35. An appellant appearing in proper person shall not file a docketing statement unless ordered to do so by the Supreme Court. A respondent appearing in proper person may not file a response to the appellant’s docketing statement unless permission is first sought and granted by the Supreme Court pursuant to Rule 46. The purpose of the docketing statement is to assist the Supreme Court in identifying jurisdictional defects, scheduling cases for oral argument and settlement conferences, classifying cases for expedited treatment, and compiling statistical information.
(b) Time for Filing. Within fifteen (15) days after docketing of the appeal pursuant to Rule 12, the appellant shall file a docketing statement with the clerk of the Supreme Court, on a form provided by the clerk. An original and one (1) copy shall be filed, together with proof of service of a copy of the completed statement on all parties. Legible photostatic copies of the original form provided by the clerk will be accepted by the clerk for filing in lieu of the original form.
[As amended; effective May 8, 2001.]
(c) Consequences of Failure to Comply. The statement must be completed fully and accurately. For civil appeals, copies of all requested documents must be attached to the completed docketing statement. Although the statement of the issues requested by the form is not binding, counsel should be mindful of the purpose of the docketing statement. The Supreme Court may impose sanctions on counsel or appellant if it appears that the information provided is incomplete or inaccurate, or if the requested documentation has not been attached. Failure to file a docketing statement within the time prescribed shall not affect the validity of the appeal, but is grounds for such action as the Supreme Court deems appropriate including sanctions and dismissal of the appeal.
[As amended; June 21, 1999.]
(d) Extensions of Time. A motion for an extension of time within which to file the docketing statement will be granted only for the most compelling reasons. Counsel’s caseload generally will not provide grounds for an extension.
(e) Multiple Appellants. In cases involving more than one appellant, any number of appellants may join in a single docketing statement. Multiple appellants are encouraged to consult with each other and, whenever possible, file only one docketing statement.
(f) Response by Respondent(s). Respondent, within seven (7) days after service of the docketing statement, may file an original and one (1) copy of a single-page response, together with proof of service on all parties, if respondent strongly disagrees with appellant’s statement of the case or issues on appeal. If respondent believes there is a jurisdictional defect, respondent should file a motion to dismiss. In cases involving more than one respondent, any number of respondents may join in a single response. Multiple respondents are encouraged to consult with each other and, whenever possible, file only one response.
(g) Cross-Appeals. All parties who have filed a notice of appeal, whether designated as appellants or cross-appellants, shall comply with subsection (a) of this Rule. Cross-appellants and cross-respondents are subject to all the provisions of this Rule as are appellants and respondents.
[As amended; effective September 1, 1996.]
RULE 15. REPEALED [EFFECTIVE DECEMBER 30, 1997.]
RULE 16. SETTLEMENT CONFERENCES IN CIVIL APPEALS
(a) Assignment of Case to Settlement Conference Program. Any civil appeal in which all parties are represented by counsel and that does not involve termination of parental rights may be assigned to the settlement conference program. The settlement conference program administrator shall determine whether to assign an appeal to the settlement conference program. The settlement conference shall be presided over by a qualified mediator who has been appointed as a settlement judge by the Supreme Court.
(1) Settlement Notice; Suspension of Rules. The clerk shall issue a settlement notice informing the parties that the appeal will be assigned to the settlement conference program. The settlement notice automatically stays the time for filing a request for transcripts under Rule 9 and for filing briefs under Rule 31. The notice also stays the preparation and filing of any transcripts requested under Rule 9.
(2) Assignment Notice. The clerk of the Supreme Court shall issue an assignment notice informing the parties that a case has been assigned to the settlement conference program and of the name of the settlement judge.
(3) Service. Papers or documents filed with the Supreme Court while a case is in the settlement program shall be served on all parties and the settlement judge.
(b) Early Case Assessment. The settlement judge shall conduct a pre-mediation telephone conference with counsel and file an Early Case Assessment Report within 30 days of assignment. In that report, the settlement judge shall inform the court whether the case is appropriate for the program or should be removed from the program. If the settlement judge reports that the case is not appropriate for the settlement conference program, the court may remove the case from the program and reinstate the timelines for requesting transcripts under Rule 9 and briefing under Rule 31.
(c) Scheduling of Settlement Conference. Unless the Supreme Court removes the case from the settlement conference program under Rule 16(b), the settlement judge shall schedule a settlement conference within 90 days of assignment. If the case involves child custody, visitation, relocation or guardianship issues, the conference shall be scheduled within 60 days of assignment.
(d) Settlement Statement. Each party to the appeal shall submit a settlement statement directly to the settlement judge within 15 days from the date of the clerk’s assignment notice. A settlement statement shall not be filed with the Supreme Court and shall not be served on opposing counsel.
A settlement statement is limited to 10 pages, and shall concisely state: (1) the relevant facts; (2) the issues on appeal; (3) the argument supporting the party’s position on appeal; (4) the weakest points of the party’s position on appeal; (5) a settlement proposal that the party believes would be fair or would be willing to make in order to conclude the matter; and (6) all matters which, in counsel’s professional opinion, may assist the settlement judge in conducting the settlement conference. Form 10 in the Appendix of Forms is a suggested form of a settlement statement.
(e) Settlement Conference. The settlement conference shall be held at a time and place designated by the settlement judge.
(1) Attendance. Counsel for all parties and their clients must attend the conference. The settlement judge may, for good cause shown, excuse a client’s attendance at the conference, provided that counsel has written authorization to resolve the case fully or has immediate telephone access to the client.
(2) Agenda. The agenda for the settlement conference and the sequence of presentation shall be at the discretion of the settlement judge. A subsequent settlement conference may be conducted by agreement of the parties or at the direction of the settlement judge.
(3) Settlement Conference Status Reports. Within 10 days from the date of any settlement conference, the settlement judge shall file a settlement conference status report. The report must state the result of the settlement conference, but shall not disclose any matters discussed at the conference.
(4) Settlement Documents. If a settlement is reached, the parties shall immediately execute a settlement agreement and a stipulation to dismiss the appeal, and shall file the stipulation to dismiss with the clerk of the Supreme Court. The settlement agreement does not need to be filed with the Supreme Court.
(f) Length of Time in Settlement Conference Program.
(1) Time Limits. Within 180 days of assignment, the settlement judge must file a final settlement conference status report indicating whether the parties were able to agree to a settlement. For cases involving child custody, visitation, relocation or guardianship issues, a final settlement conference status report must be filed within 120 days of assignment.
(2) Extensions. Upon stipulation of all parties or upon the settlement judge’s recommendation, the settlement program administrator may extend the time for filing a final settlement conference status report. In cases not involving child custody, visitation, relocation or guardianship issues, the time may be extended for an additional 90 days. In cases involving child custody, visitation, relocation or guardianship issues, the time may be extended for an additional 60 days.
(3) Reinstatement of Rules. At the discretion of the settlement program administrator, the timelines for requesting transcripts under Rule 9 and filing briefs under Rule 31 may be reinstated during any extension period granted under Rule 16(f)(2).
(g) Sanctions. The failure of a party, or the party’s counsel, to participate in good faith in the settlement conference process by not attending a scheduled conference or not complying with the procedural requirements of the program may be grounds for sanctions against the party, the party’s counsel, or both. If a settlement judge believes sanctions are appropriate, the settlement judge may file a settlement conference status report recommending the sanction to be imposed and describing the conduct warranting that sanction. Sanctions include, but are not limited to, payment of attorney’s fees and costs of the opposing party, dismissal of the appeal, or reversal of the judgment below.
(h) Confidentiality. Papers or documents prepared by counsel or a settlement judge in furtherance of a settlement conference, excluding the settlement conference status report, shall not be available for public inspection or submitted to or considered by the Supreme Court. Matters discussed at the settlement conference and papers or documents prepared under this rule shall not be admissible in evidence in any judicial proceeding and shall not be subject to discovery.
[Added; effective February 26, 1997; as amended, effective April 18, 2006.]
III. EXTRAORDINARY WRITS
RULE 21. WRITS OF MANDAMUS AND PROHIBITION DIRECTED TO A JUDGE OR JUDGES AND OTHER EXTRAORDINARY WRITS
(a) Mandamus or Prohibition to a Judge or Judges; Petition for Writ; Service and Filing. Application for a writ of mandamus or of prohibition directed to a judge or judges shall be made by filing a petition therefor with the clerk of the Supreme Court with proof of service on the respondent judge or judges and on all parties to the action in the trial court. The petition shall contain a statement of the facts necessary to an understanding of the issues presented by the application; a statement of the issues presented and of the relief sought; a statement of the reasons why the writ should issue; and copies of any order or opinion or parts of the record which may be essential to an understanding of the matters set forth in the petition. Upon receipt of the prescribed filing fee, the clerk shall docket the petition and submit it to the court.
(b) Denial; Order Directing Answer. If the court is of the opinion that the writ should not be granted, it may deny the petition. Otherwise, it may enter an order fixing time within which an answer directed solely to the issues of arguable cause against issuance of an alternative or peremptory writ may be filed by the respondents. The order shall be served on respondents, all other parties to the action in the trial court and all other persons directly affected. All parties below other than the petitioner shall also be deemed respondents for all purposes. Two or more respondents may answer jointly. The court shall by order advise the parties of the dates on which briefs are to be filed, if briefs are required, and of the date of oral argument.
(c) Other Extraordinary Writs. Application for extraordinary writs other than those provided for in subdivisions (a) and (b) of this rule shall be made by petition filed with the clerk of the Supreme Court with proof of service on the parties named as respondents. Proceedings on such application shall conform, so far as is practicable, to the procedure prescribed in subdivisions (a) and (b) of this rule.
(d) Form of Papers; Number of Copies. All papers may be typewritten. Six copies shall be filed with the original, but the court may direct that additional copies be furnished.
(e) Payment of Fees. The Supreme Court shall not consider any application for an extraordinary writ until the petition has been filed; and the clerk shall receive no petition for filing until the fee has been paid, unless the applicant is exempt from payment of fees, or the court or a justice orders waiver of the fee for good cause shown.
IV. HABEAS CORPUS; PROCEEDINGS IN FORMA PAUPERIS
RULE 22. HABEAS CORPUS PROCEEDINGS
Application for the Original Writ. An application for a writ of habeas corpus should be made to the appropriate district court. If application is made to the Supreme Court, or a justice or justices thereof, the application will ordinarily be transferred to the appropriate district court. If an application is made to or transferred to the district court and denied, renewal of the application before the Supreme Court is not favored; the proper remedy is by appeal to the Supreme Court from the order of the district court denying the writ.
RULE 23. CUSTODY OF PRISONERS IN HABEAS CORPUS PROCEEDINGS
(a) Transfer of Custody Pending Review. Pending review of a decision in a habeas corpus proceeding commenced before a court, justice or judge of this state for the release of a prisoner, a person having custody of the prisoner shall not transfer custody to another unless such transfer is directed in accordance with the provisions of this rule and NRS 174.325. Upon application of a custodian showing a need therefor, the court, justice or judge rendering the decision may make an order authorizing transfer and providing for the substitution of the successor custodian as a party.
(b) Detention or Release of Prisoner Pending Review of Decision Failing to Release. Pending review of a decision failing or refusing to release a prisoner in such a proceeding, the prisoner may be detained in the custody from which release is sought, or in other appropriate custody, or may be enlarged upon his recognizance, with or without surety, as may appear fitting to the court or judge rendering the decision, or to the Supreme Court, or to a judge or justice of either court.
(c) Release of Prisoner Pending Review of Decision Ordering Release. Pending review of a decision ordering the release of a prisoner in such a proceeding, the prisoner shall be enlarged upon his recognizance, with or without surety, unless the court or judge rendering the decision, or the Supreme Court, or a judge or justice of either court shall otherwise order.
(d) Modification of Initial Order Respecting Custody. An initial order respecting the custody or enlargement of the prisoner and any recognizance or surety taken, shall govern review in the Supreme Court unless for special reasons shown to the Supreme Court, or to a justice thereof, the order shall be modified, or an independent order respecting custody, enlargement or surety shall be made.
RULE 24. PROCEEDINGS IN FORMA PAUPERIS
(a) Leave to Proceed on Appeal in Forma Pauperis From District Court to Supreme Court. A party to an action in a district court who desires to proceed on appeal in forma pauperis shall file in the district court a motion for leave so to proceed, together with an affidavit showing, in the detail prescribed by Form 4 of the Appendix of Forms, his inability to pay fees and costs or to give security therefor, his belief that he is entitled to redress, and a statement of the issues which he intends to present on appeal. If the motion is granted, the party may proceed without further application to the Supreme Court and without prepayment of fees or costs in either court or the giving of security therefor. If the motion is denied, the district court shall state in writing the reasons for the denial.
Notwithstanding the provisions of the preceding paragraph, a party who has been permitted to proceed in an action in the district court in forma pauperis, or who has been permitted to proceed there as one who is financially unable to obtain an adequate defense in a criminal case, may proceed on appeal in forma pauperis without further authorization unless, before or after the notice of appeal is filed, the district court shall certify that the appeal is not taken in good faith or shall find that the party is otherwise not entitled so to proceed, in which event the district court shall state in writing the reasons for such certification or finding.
If a motion for leave to proceed on appeal in forma pauperis is denied by the district court, or if the district court shall certify that the appeal is not taken in good faith or shall find that the party is otherwise not entitled to proceed in forma pauperis, the clerk shall forthwith serve notice of such action. A motion for leave so to proceed may be filed in the Supreme Court within thirty (30) days after service of notice of the action of the district court. The motion shall be accompanied by a copy of the affidavit filed in the district court, or by the affidavit prescribed by the first paragraph of this subdivision if no affidavit has been filed in the district court, and by a copy of the statement of reasons given by the district court for its action.
(b) Reserved.
(c) Form of Briefs, Appendices and Other Papers. Parties allowed to proceed in forma pauperis may file briefs, appendices and other papers in typewritten form, and may request that the appeal be heard on the original record without the necessity of reproducing parts thereof in any form.
V. GENERAL PROVISIONS
1. Filing. Papers required or permitted to be filed in the Supreme Court shall be filed with the clerk as hereinafter provided by this rule.
(a) Filing in General. Filing may be accomplished by mail addressed to the clerk at the Supreme Court of Nevada, 201 South Carson Street, Suite 201, Carson City, Nevada 89701-4702. Unless the court by order in a particular case shall direct otherwise, a document is timely filed if, on or before the last day for filing, it is:
(i) mailed to the clerk by First-Class Mail, or other class of mail that is at least as expeditious, postage prepaid; or
(ii) dispatched to the clerk for delivery within 3 calendar days by a third-party commercial carrier; or
(iii) deposited in the Supreme Court drop box as provided in section (3) of this rule below.
(b) Service of All Papers Required. Copies of all papers filed by any party and not required by these rules to be served by the clerk shall, at or before the time for filing, be served by a party or person acting for that party on all other parties to the appeal or review. Service on a party represented by counsel shall be made on counsel.
(c) Manner of Service. Service may be personal, by mail, or by third-party commercial carrier for delivery within 3 calendar days. When reasonable, considering such factors as the immediacy of the relief sought, distance, and cost, service on a party shall be by a manner at least as expeditious as the manner used to file the paper with the court. Personal service includes delivery of the copy to a clerk or other responsible person at the office of counsel. Service by mail or by commercial carrier is complete on mailing or delivery to the carrier.
(d) Proof of Service. Papers presented for filing shall contain an acknowledgment of service by the person served or proof of service in the form of a statement of the date and manner of service, of the names of the persons served, and of the addresses to which the papers were mailed or at which they were delivered, certified by the person who made service. Proof of service may appear on or be affixed to the papers filed. The clerk may permit papers to be filed without acknowledgment or proof of service but shall require such to be filed promptly thereafter. The court will not take any action on any such papers, including requests for ex parte relief, until an acknowledgment or proof of service is filed.
(e) Original Signature and Bar Number Required. All documents submitted to the Supreme Court for filing by a represented party shall include the original signature of at least one (1) attorney of record who is an active member of the bar of this state, and the address, telephone number, and State Bar of Nevada identification number of the attorney and of any associated attorney appearing for the party filing the paper. All documents submitted to this court for filing by unrepresented parties shall include the original signature of the party, and shall state the party’s address and telephone number.
2. Filing by Telephonic Transmission. Papers may be filed with the clerk of the Supreme Court by means of telephonic transmission as hereinafter provided by this section.
(a) In Cases Involving Death Penalty. Documents that relate to stays of execution in death penalty cases will be received for filing by the clerk of the Supreme Court through telephonic transmission to the telefax machine situated in the office of the clerk in Carson City. Such transmission may be made whenever counsel may consider that the interests of their clients will be served.
(b) Other Documents. In all other cases, documents may be received for filing by the clerk through telephonic transmission only in cases of emergency, and only if an oral request for permission to do so has first been tendered to the clerk and approved, upon a showing of good cause, by any justice or the clerk.
(c) Procedure. In all instances, including matters relating to stays of execution in death penalty cases, counsel must first notify the clerk of counsel’s intention to transmit documents telephonically. In all cases not involving stays of execution of the death penalty, counsel must be advised by the clerk that approval has been granted pursuant to subdivision (2)(b) of this rule before any document may be transmitted. Upon receipt of the transmitted documents, the clerk shall make the number of photocopies of the transmissions required by these rules, and shall file the photocopies.
(d) Original; Service. In all cases where a document has been telephonically transmitted and filed pursuant to this section, counsel must file the original document with the clerk, in the manner provided in section (1), within three (3) judicial days of the date of the telephonic transmission. Copies of all documents filed in accordance with this section shall be served within the time and in the manner provided in section (1) of this rule. The original shall be accompanied by proof of service on all parties as required by section (1) of this rule.
(e) Costs. The party filing a document by means of telephonic transmission shall be responsible for all costs of the telephonic transmission and the costs of photocopying the documents transmitted. The clerk of the Supreme Court shall promptly inform counsel of the amount of costs. Such costs shall be paid within ten (10) days of the date of the telephonic request.
3. Supreme Court Drop Box. Papers may be submitted for filing with the clerk of the Supreme Court by means of the court’s drop box as hereinafter provided by this section.
(a) Papers Eligible for Drop Box Submission. Any paper required or permitted to be filed in the Supreme Court may be deposited in the drop box located in the Supreme Court’s Las Vegas Office. Documents which require the payment of filing fees may be deposited in the drop box; however, the filing fee must be in the form of a check or money order payable to the clerk. No cash shall be deposited in the drop box.
(b) Requests for Emergency or Expedited Relief. A request for emergency or expedited relief, or a response thereto, should not be deposited in the drop box. To ensure timely consideration by the Supreme Court, counsel is advised to submit such documents to the clerk’s office in Carson City by the most expeditious means feasible, such as overnight delivery, same-day courier service, or telephonic transmission as provided for in section (2) above.
(c) Procedure. Papers may be deposited in the drop box during all hours the Las Vegas Office is open. Prior to being placed in the drop box, papers must be date and time stamped, and enclosed in a sealed envelope. Filing is timely if, on or before the last day of the prescribed filing period, the document is properly date and time stamped and deposited in the drop box. A document is properly date and time stamped if the original document, or the envelope containing the document, bears the Supreme Court’s drop box stamp. Stamping of copies submitted to the court is not required.
(d) Transmission of Documents to Carson City. All documents will be transmitted to the clerk’s office in Carson City the next judicial day after their deposit in the drop box. Upon receipt of the papers in Carson City, the clerk shall process them in accordance with these Rules.
[As amended; effective March 15, 2000.]
RULE 25A. FULL COURT, PANELS, SESSION, QUORUM AND ADJOURNMENTS
(a) Transaction of Judicial Business in Open Court, Chambers. Matters of judicial business to be transacted in open court shall be arranged by calendar setting fixed by court order. Matters of judicial business to be transacted in chambers shall be arranged by appointment with the clerk.
(b) Sessions, Quorum and Adjournments.
(1) No arguments will be heard or open sessions held on Saturday, Sunday or other nonjudicial days.
(2) The full court consists of all seven members of the court. A panel consists of three members of the court. A quorum of the full court sitting en banc shall be four and a quorum of the court sitting as a panel shall be two. A senior justice or an active or senior district court judge may be assigned to sit in place of a justice as provided by law.
(3) In the absence of a quorum, on any day appointed for holding a session of the court, the justices attending (or if no justices are present, the clerk or a deputy clerk) may adjourn the court until there is a quorum. Where only four justices are present for oral argument before the full court or where only two justices are present for oral argument before a panel of the court, the absent justices, on order of the chief justice, or, in his or her absence, the presiding justice, may participate in the decision and the opinion of the court upon the written briefs or points and authorities.
(4) The court may, in appropriate instances, direct the clerk or the bailiff to announce recesses and adjournments.
[As amended; effective January 4, 1999.]
RULE 26. COMPUTATION AND EXTENSION OF TIME
(a) Computation of Time. In computing any period of time prescribed by these rules, by an order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, Sunday or a nonjudicial day, in which event the period extends until the end of the next day which is not a Saturday, Sunday or a nonjudicial day. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and nonjudicial days shall be excluded in the computation.
(b) Enlargement of Time. The court for good cause shown may upon motion enlarge the time prescribed by these rules or by its order for doing any act, or may permit an act to be done after the expiration of such time; but the court may not enlarge the time for filing a notice of appeal.
(c) Additional Time After Service by Mail. Whenever a party is required or permitted to do an act within a prescribed period after service of a paper upon him and the paper is served by mail, three (3) days shall be added to the prescribed period. Specific due dates set by court order or acts required to be taken within a time period set forth in the order are not subject to this additional 3-day allowance.
(d) Time—Extension, Shortening. Except as otherwise provided in these rules, or when not otherwise controlled by statute, the time provided in any of these rules within which an act shall be done, may be extended or shortened by stipulation of the parties, or by order of the court or a justice thereof upon good cause shown. No stipulation extending time shall be effective unless approved by the court or a justice thereof; and such stipulations must be filed before expiration of the time period which is sought to be extended.
[As amended; effective March 31, 1995.]
(a) Content of Motions; Response; Reply. Unless another form is elsewhere prescribed by these Rules, an application for an order or other relief shall be made by filing a motion for such order or relief with proof of service on all other parties. The motion shall contain or be accompanied by any matter required by a specific provision of these Rules governing such a motion, shall state with particularity the grounds on which it is based, and shall set forth the order or relief sought. If a motion is supported by briefs, affidavits or other papers, they shall be served and filed with the motion. Any party may file a response in opposition to a motion other than one for a procedural order (for which see subdivision (b)) within seven (7) days after service of the motion, but motions authorized by Rules 8 and 41 may be acted upon after reasonable notice, and the court may shorten or extend the time for responding to any motion. A reply to the opposition to a motion shall not be filed unless permission is first sought and granted by the Supreme Court.
[As amended; effective September 1, 1989.]
(b) Determination of Motions for Procedural Orders. Notwithstanding the provisions of the preceding paragraph as to motions generally, motions for procedural orders, including any motion under Rule 26(b) may be acted upon at any time, without awaiting a response thereto, and pursuant to subsection (c), motions for specified types of procedural orders may be disposed of by the clerk. Any party adversely affected by such action may request reconsideration, vacation or modification of such action.
[As amended; effective January 4, 1999.]
(c) Power of a Single Justice to Entertain Motions; Delegation of Authority to Entertain Motions. In addition to the authority expressly conferred by these Rules or by law, a single justice of the Supreme Court may entertain and may grant or deny any request for relief which under these Rules may properly be sought by motion, except that a single justice may not dismiss or otherwise determine an appeal or other proceeding, and except that the Supreme Court may provide by order or rule that any motion or class of motions must be acted upon by the court. The action of a single justice may be reviewed by the court.
The chief justice may delegate to the clerk authority to decide motions that are subject to disposition by a single justice. An order issued by the clerk pursuant to this rule shall be subject to reconsideration by a single justice pursuant to motion filed within ten (10) days after entry of the clerk’s order.
[As amended; effective January 4, 1999.]
(d) Form of Papers; Number of Copies. All papers relating to motions may be typewritten. One copy shall be filed with the original, but the court may require that additional copies be furnished.
[As amended; effective January 4, 1999.]
(a) Brief of the Appellant. The brief of the appellant shall be entitled “Appellant’s Opening Brief” and shall contain under appropriate headings and in the order here indicated:
(1) A table of contents, with page references, and a table of cases (alphabetically arranged), statutes and other authorities cited, with references to the pages of the brief where they are cited.
(2) A statement of the issues presented for review.
(3) A statement of the case. The statement shall first indicate briefly the nature of the case, the course of proceedings, and its disposition in the court below. There shall follow a statement of the facts relevant to the issues presented for review, with appropriate references to the record (see subdivision (e)).
(4) An argument. The argument may be preceded by a summary. The argument shall contain the contentions of the appellant with respect to the issues presented, and the reasons therefor, with citations to the authorities, statutes and parts of the record relied on.
(5) A short conclusion stating the precise relief sought.
(6) An attorney’s certificate that complies with the requirements contained in Rule 28A.
(b) Brief of the Respondent. The brief of the respondent shall be entitled “Respondent’s Answering Brief” and shall conform to the requirements of subdivision (a)(1)-(4), except that a statement of the issues or of the case need not be made unless the respondent is dissatisfied with the statement of the appellant. The respondent’s answering brief shall contain an attorney’s certificate that complies with the requirements contained in Rule 28A.
(c) Reply Brief. The appellant may file a brief in reply to the brief of the respondent which shall be entitled “Appellant’s Reply Brief.” If the respondent has cross-appealed, the respondent may file a brief in reply to the response of the appellant to the issues presented by the cross-appeal. This brief shall be entitled “Respondent’s Reply Brief.” Reply briefs shall be limited to answering any new matter set forth in the opposing brief. All reply briefs must contain an attorney’s certificate that complies with the requirements contained in Rule 28A, a table of contents, with page references, and a table of cases (alphabetically arranged), statutes and other authorities cited, with references to the pages of the reply brief where they are cited. No further briefs may be filed except with leave of court. A party may waive the right to file a reply brief. Immediate notice of such waiver to the clerk will expedite submission of the case to the court.
(d) References in Briefs to Parties. Counsel will be expected in their briefs and oral arguments to keep to a minimum references to parties by such designations as “appellant” and “respondent.” It promotes clarity to use the designations used in the lower court or the actual names of parties, or descriptive terms such as “the employee,” “the injured person,” etc.
(e) References in Briefs to the Record. Every assertion in briefs regarding matters in the record shall be supported by a reference to the page of the appendix where the matter relied on is to be found. If reference is made to evidence the admissibility of which is in controversy, reference shall be made to the pages of the appendix containing the transcript of the proceedings at which the evidence was identified, offered, and received or rejected.
Briefs or memoranda of law filed in district courts shall not be incorporated by reference in briefs submitted to the Supreme Court.
(f) Reproductions of Statutes, Rules, Regulations, Etc. If determination of the issues presented requires the study of statutes, rules, regulations, etc. or relevant parts thereof, they shall be reproduced in the brief or in an addendum at the end, or they may be supplied to the court in pamphlet form.
(g) Length of Briefs. Except by permission of the court, briefs shall not exceed 30 pages, exclusive of pages containing the table of contents, tables of citations and any addendum containing statutes, rules, regulations, etc.
(h) Briefs in Cases Involving Cross-Appeals. In cases involving a cross-appeal, the plaintiff in the court below shall be deemed the appellant for all purposes, unless the parties otherwise agree or the court otherwise orders. The brief of the respondent shall contain the issues and argument involved in respondent’s appeal as well as the answer to the brief of the appellant.
(i) Briefs in Cases Involving Multiple Appellants or Respondents. In cases involving more than one appellant or respondent, including cases consolidated for the purposes of the appeal, any number of either may join in a single brief, and any appellant or respondent may adopt by reference any part of the brief of another. Parties may similarly join in reply briefs.
[As amended; effective July 1, 2007.]
RULE 28A. ATTORNEY’S CERTIFICATE
(a) Certificate Required Upon Filing of Any Brief. Any brief submitted for filing in the Supreme Court must contain a certificate signed by at least 1 attorney of record who is an active member of the bar of this state. This certificate must substantially comply with Form 9 in the Appendix of Forms, and must contain the following information:
(1) A representation that the signing attorney has read the brief;
(2) A representation that to the best of the attorney’s knowledge, information and belief, the brief is not frivolous or interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;
(3) A representation by the signing attorney that the brief complies with all applicable Nevada Rules of Appellate Procedure, including the requirement of Rule 28(e) that every assertion in the briefs regarding matters in the record be supported by a reference to the page of the appendix where the matter relied on is to be found.
If a brief does not contain the certification required by this Rule, it shall be stricken unless such a certification is provided within 10 days after the omission is called to the attention of the attorney.
(b) Sanctions. The Supreme Court may impose sanctions against an attorney whose certification is incomplete or inaccurate. In addition, the Supreme Court may impose sanctions against any attorney who, upon being informed that the brief does not contain the certificate provided for by subsection (a), fails to cure the deficiency within 10 days after the omission is called to his or her attention.
[As amended; effective July 1, 2007.]
RULE 29. BRIEF OF AN AMICUS CURIAE
A brief of an amicus curiae may be filed only if accompanied by written consent of all parties, or by leave of court granted on motion or at the request of the court, except that consent or leave shall not be required when the brief is presented by the United States, the State of Nevada, an officer or agency of either, or by a state, territory or commonwealth. The brief may be conditionally filed with the motion for leave. A motion for leave shall identify the interest of the applicant and shall state the reasons why a brief of an amicus curiae is desirable. Save as all parties otherwise consent, any amicus curiae shall file its brief within the time allowed the party whose position as to affirmance or reversal the amicus brief will support unless the court for cause shown shall grant leave for later filing, in which event it shall specify within what period an opposing party may answer. No reply brief of an amicus curiae may be filed. A motion of an amicus curiae to participate in the oral argument will be granted only for extraordinary reasons.
[As amended; effective March 31, 1995.]
RULE 30. APPENDIX TO THE BRIEFS
(a) Joint Appendix; Duty of the Parties. Counsel have a duty to confer and attempt to reach an agreement concerning a possible joint appendix. In the absence of an agreement, the parties may file separate appendices to their briefs.
(b) Contents of the Appendix. Except as otherwise required by this Rule, all matters not essential to the decision of issues presented by the appeal shall be omitted. Brevity is required; the court may impose costs upon parties or attorneys who unnecessarily enlarge the appendix.
(1) Transcripts. Copies of all transcripts that are necessary to the Supreme Court’s review of the issues presented on appeal shall be included in the appendix.
(2) Documents Required for Inclusion in Joint Appendix. The joint appendix shall contain:
(i) Complaint, indictment or information (including all amendments);
(ii) All answers, counterclaims, cross-claims and replies, and all amendments thereto;
(iii) Pretrial orders;
(iv) All jury instructions given to which exceptions were taken, and excluded when offered;
(v) Verdict or findings of fact and conclusions of law with direction for entry of judgment thereon;
(vi) Master’s report, if any, in non-jury cases;
(vii) Opinion;
(viii) All judgments or orders appealed from;
(ix) All notices of appeal; and
(x) Proof of service, if any, of (a) the summons and complaint; (b) written notice of entry of the judgment or order appealed from; (c) post-judgment motions enumerated in Rule 4(a); and (d) written notice of entry of an order resolving any post-judgment motions enumerated in Rule 4(a).
(3) Appellant’s Appendix. If a joint appendix is not prepared, appellant’s appendix to the opening brief shall include those documents required for inclusion in the joint appendix pursuant to this Rule, and any other portions of the record essential to determination of issues raised in appellant’s appeal.
(4) Respondent’s Appendix. If a joint appendix is not prepared, respondent’s appendix to the answering brief may contain any documents which should have been but were not included in the appellant’s appendix, and shall otherwise be limited to those documents necessary to rebut appellant’s position on appeal which are not already included in appellant’s appendix.
(5) Reply Appendix. Appellant may file an appendix to the reply brief which shall include only those documents necessary to reply to respondent’s position on appeal.
(c) Arrangement and Form of Appendix. The appendix shall be in the form required by Rule 32(a), shall be bound separately from the briefs, and shall be arranged as set forth in this Rule.
(1) Order and Numbering of Documents. All documents included in the appendix shall be placed in chronological order by the dates of filing beginning with the first document filed, and shall bear the file-stamp of the district court clerk, clearly showing the date the document was filed in the proceedings below. Each page of the appendix shall be numbered consecutively in the lower right corner of the document.
(2) Page Limits; Index of Appendix. Each volume of the appendix shall contain no more than 250 pages. The appendix shall contain an alphabetical index identifying each document with reasonable definiteness, and indicating the volume and page of the appendix where the document is located. The index shall preface the documents comprising the appendix. If the appendix is comprised of more than one volume, one alphabetical index for all documents shall be prepared and shall be placed in each volume of the appendix.
(3) Cover. The cover of an appendix shall be white and shall contain the same information as the cover of a brief under Rule 32(a), but shall be prominently entitled “JOINT APPENDIX,” or “APPELLANT’S APPENDIX,” or “RESPONDENT’S APPENDIX” or “APPELLANT’S REPLY APPENDIX.”
(d) Exhibits. Copies of relevant and necessary exhibits shall be clearly identified, and shall be included in the appendix as far as practicable. If the exhibits are too large or otherwise incapable of being reproduced in the appendix, the parties may file a motion requesting the Supreme Court to direct the district court clerk to transmit the original exhibits. The Supreme Court will not permit the transmittal of original exhibits except upon a showing that the exhibits are relevant to the issues raised on appeal, and that the Supreme Court’s review of the original exhibits is necessary to the determination of the issues.
(e) Time for Service and Filing of Appendix. A joint appendix shall be filed and served no later than the filing of appellant’s opening brief. An appellant’s appendix shall be served and filed with appellant’s opening brief. A respondent’s appendix shall be served and filed with respondent’s answering brief. If a reply brief is filed, any reply appendix shall be served and filed with the reply brief.
(f) Number of Copies to Be Filed and Served. One copy of the appendix shall be filed with the clerk, and one copy shall be served on counsel for each party separately represented, unless the court orders otherwise.
(g) Filing as Certification; Sanctions for Non-Conforming Copies or for Substantial Underinclusion.
(1) Filing an appendix constitutes a representation by counsel that the appendix consists of true and correct copies of the papers in the district court file. Willful or grossly negligent filing of an appendix containing nonconforming copies is an unlawful interference with the proceedings of the Supreme Court, and subjects counsel, and the party represented, to monetary and any other appropriate sanctions.
(2) If an appellant’s appendix is so inadequate that justice cannot be done without requiring inclusion of documents in the respondent’s appendix which should have been in the appellant’s appendix, or without the court’s independent examination of portions of the original record which should have been in the appellant’s appendix, the court may impose monetary sanctions.
(h) Costs. Each party shall, initially, bear the cost of preparing its separate appendices. The appellant shall, initially, bear the cost of preparing a joint appendix; where several parties appeal from the same judgment or any part thereof, or there is a cross-appeal, the initial expense of preparing a joint appendix shall be borne equally by the parties appealing, or as the parties may agree.
[Replaced; effective September 1, 1996; as amended; effective July 1, 2007.]
RULE 31. FILING AND SERVICE OF BRIEFS
(a) Time for Serving and Filing Briefs. Unless otherwise specified in these or any other court rules, briefs shall be filed in accordance with the schedule set forth in this Rule.
(1) All Appeals Except Child Custody, Visitation, or Capital Cases. The appellant shall serve and file the opening brief within one hundred and twenty (120) days after the date on which the appeal is docketed in the Supreme Court. The respondent shall serve and file the answering brief within thirty (30) days after service of the brief of the appellant. After service of respondent’s brief, the appellant’s reply brief must be served and filed within thirty (30) days. If the respondent has cross-appealed, the respondent’s reply brief shall be served and filed thirty (30) days after service of appellant’s response to the issues presented by the cross-appeal. By written stipulation timely filed with the Supreme Court, the parties may extend the time for filing any brief for a total of thirty (30) additional days unless the court otherwise orders (see Rule 26(d)). Applications for extensions of time beyond that to which the parties are permitted to stipulate are not favored, and will be considered only on motion for good cause clearly shown, or ex parte in cases of extreme and unforeseeable emergency. The Supreme Court may shorten the periods prescribed above for serving and filing briefs, either by rule for all cases or for classes of cases, or by order for specific cases.
(2) Child Custody or Visitation Cases. If an appeal is prosecuted from any order of the district court affecting the custody or visitation of minor children, including actions seeking termination of parental rights, the appellant shall serve and file the opening brief within ninety (90) days after the date on which appellant’s notice of appeal is filed in the district court. The respondent shall serve and file the answering brief within twenty (20) days after service of the brief of the appellant. After service of respondent’s brief, the appellant’s reply brief must be served and filed within ten (10) days. If the respondent has cross-appealed, the respondent’s reply brief shall be served and filed within ten (10) days after service of appellant’s response to the issues presented by the cross-appeal. The Supreme Court may order oral argument at its discretion. Where oral argument is not ordered, the matter shall be submitted for decision on the briefs and the appendix within sixty (60) days of the date that the final brief is due. The Supreme Court will grant extensions of time in the briefing schedule only in extraordinary cases that present unforeseeable circumstances justifying an extension of time. No extensions of time by stipulation are permitted.
[As amended; effective July 29, 1998.]
(3) Capital Cases. The briefing schedule for all appeals in capital cases is governed by the provisions of S.C.R. 250(IV)(G).
(b) Number of Copies to Be Filed and Served. An original and two (2) copies of each brief shall be filed with the clerk unless the court by order in a particular case shall direct a different number, and one copy shall be served on counsel for each party separately represented. The original must be signed in compliance with Rules 25(1)(e), 28, and 28A(a).
(c) Consequences of Failure to File Briefs or Appendix. If an appellant fails to file an opening brief or appendix within the time provided by this Rule, or within the time extended, a respondent may move for dismissal of the appeal. If a respondent fails to file an answering brief, respondent will not be heard at oral argument except by permission of the court. The failure of respondent to file a brief may be treated by the court as a confession of error and appropriate disposition of the appeal thereafter made. If an appellant has not filed a reply brief, oral argument will be limited as provided by Rule 34(c).
(d) Supplemental Authorities. Any party may supplement the party’s brief or briefs with supplemental authorities (but may not raise new points or issues) by filing and serving a supplemental memorandum not later than fifteen (15) days before the day set for oral argument, and any opposing party may respond thereto by filing and serving a supplemental memorandum not later than ten (10) days prior to argument. All matters presented in supplemental memoranda shall be clearly referenced to the parts of the party’s briefs on file which are supplemented by memorandum. Supplemental authorities shall not be filed less than ten (10) days prior to argument or subsequent to oral argument, except as ordered by the court.
[As amended; effective September 1, 1996.]
RULE 32. FORM OF BRIEFS, THE APPENDIX AND OTHER PAPERS
(a) Form of Briefs and the Appendix. Briefs or appendices presented for filing in this court must be in a clear, legible, type on white, unglazed paper, 8 1/2 by 11 inches in size, not lighter that 16-lb. weight, and lined and numbered in the left margin. The type must be black in color, no smaller than 10 characters per inch, and be equally legible to printing.
There shall be a margin of 1 inch at the top and bottom of each page, and at least 1 inch at the left side of the page. Except for quotations and footnotes, the lines shall be double-spaced. Only one side of the paper may be used. The pages shall be numbered at the bottom and firmly bound together at the upper left corner of the page. Briefs and appendices may be bound on the left, preferably with a spiral binding.
Carbon copies of briefs and appendices may not be submitted without permission of the court, except on behalf of parties allowed to proceed in forma pauperis. Copies of the reporter’s transcript and other papers reproduced in a manner authorized by this rule may be inserted in the appendix; such pages may be informally renumbered if necessary.
Covers for briefs and appendices are required. The cover of the brief of the appellant shall be blue; that of the respondent, red; that of the intervenor or amicus curiae, green; that of any reply brief, gray. The front cover of the appendix, if separately printed, shall be white. The front covers of the briefs and of appendices shall contain: (1) the name of the court and the number of the case; (2) the title of the case (see Rule 12(a)); (3) the nature of the proceeding in the court (e.g., Appeal; Petition for Review) and the name of the court below; (4) the title of the document (e.g., Appellant’s Opening Brief, Appendix to Appellant’s Opening Brief); and (5) the names, addresses, telephone numbers, and State Bar of Nevada identification numbers of counsel representing the party on whose behalf the document is filed.
(b) Form of Other Papers. Motions, petitions for rehearing, and other papers shall be produced in the same manner as prescribed by subdivision (a), and shall contain a caption setting forth the name of the court, the title of the case, the case number, and a brief descriptive title indicating the purpose of the paper.
(c) Effect of Non-Compliance With Rule. If briefs, petitions, motions or other papers are not prepared in accordance with this rule, the clerk will not file the document, but shall return it to be properly prepared.
[As amended; effective March 31, 1995.]
RULE 33. PREHEARING CONFERENCE
The court may direct the attorneys for the parties to appear before the court or a justice thereof for a prehearing conference to consider the simplification of the issues and such other matters as may aid in the disposition of the proceeding by the court. The court or justice shall make an order which recites the action taken at the conference and the agreements made by the parties as to any of the matters considered and which limits the issues to those not disposed of by admissions or agreements of counsel, and such order when entered controls the subsequent course of the proceeding, unless modified to prevent manifest injustice.
(a) Notice of Argument; Postponement. The clerk shall advise all parties of the time and place at which oral argument will be heard, and whether argument will be before the full court or a panel. A request for postponement of the argument must be made by motion filed reasonably in advance of the date fixed for hearing.
[As amended; effective January 4, 1999.]
(b) Time Allowed for Argument. Unless the case is submitted for decision on the briefs pursuant to subsection (f) of this Rule, each side, at the discretion of the court, will be allowed 15 or 30 minutes for argument. If counsel is of the opinion that additional time is necessary for the adequate presentation of his or her argument, counsel may request such additional time as he or she deems necessary. A request for allowance of additional time must be made by motion reasonably in advance of the date fixed for the argument and shall be liberally granted if cause therefor is shown. A party is not obliged to use all of the time allowed, and the court may terminate the argument whenever in its judgment further argument is unnecessary.
[As amended; effective January 4, 1999.]
(c) Order and Content of Argument. The appellant is entitled to open and conclude the argument. If the appellant has not filed a reply brief, however, a concluding or rebuttal argument will not be allowed except by permission of the court or at the request of a justice. The opening argument shall include a fair statement of the case. Counsel will not be permitted to read at length from briefs, records or authorities.
[As amended; effective June 19, 1983.]
(d) Cross and Separate Appeals. A cross or separate appeal shall be argued with the initial appeal at a single argument, unless the court otherwise directs. If a case involves a cross-appeal, the plaintiff in the action below shall be deemed the appellant for the purpose of this Rule unless the parties otherwise agree or the court otherwise directs. If separate appellants support the same argument, care shall be taken to avoid duplication of argument.
(e) Non-Appearance of Parties. If the respondent fails to appear to present argument, the court will hear argument on behalf of the appellant, if present. If the appellant fails to appear, the court may hear argument on behalf of the respondent, if respondent’s counsel is present. If neither party appears, the case will be decided on the briefs unless the court shall otherwise order.
[As amended; effective January 4, 1999.]
(f) Submission on Briefs.
(1) The court may order a case submitted for decision on the briefs, without oral argument.
(2) By agreement of the parties, a case may be submitted for decision on the briefs, but the court may direct that the case be argued.
(3) Appeals brought in proper person and appeals in post-conviction proceedings instituted under NRS 34.360 et seq. will be submitted for decision without oral argument, but the court may direct that a case be argued.
[As amended; effective January 4, 1999.]
RULE 35. DISQUALIFICATION OF JUSTICES
(a) Motions and Charges re Disqualification; Timeliness of Filing; Burden of Proof; Certificate of Attorney. Any ground for disqualification or recusal of a supreme court justice that is not raised in a timely manner through the filing of a formal motion or charge shall be deemed waived. In cases or proceedings before the Supreme Court of Nevada, motions and charges seeking the disqualification or recusal of a justice must not be based on any ground that the moving party has theretofore omitted to raise formally as soon as possible after receiving either actual or constructive notice thereof. In no event will the supreme court deem timely any motion or charge seeking the disqualification or recusal of a justice who has heard argument upon, or otherwise considered, any contested matter in the cause, except as to grounds based on fraud or like illegal conduct of which the challenging party had no notice until after the contested matter was considered.
The motion or charge, the supporting affidavits, and the supporting brief of legal points and authorities, must not claim or suggest ostensible facts that are neither established by proper averments in the supporting affidavits nor by the record of the case. Any and all assertions of fact that are not documented by proper sworn averments in the affidavits, as provided herein, must be supported by citations to the specific page and line where support appears in the record of the case.
The motion or charge must contain the certificate of the attorney, as an officer of the court, reciting specifically under oath that the attorney has read the motion or charge and supporting documents, that they all are in the form required by this rule, that based on personal investigation the attorney believes all grounds asserted to be legally valid and all supporting factual allegations to be true, and that the motion is made in good faith and not for purposes of delay or for other improper motive.
(b) Form of Motions and Charges; Supporting Affidavits. A motion or charge seeking disqualification or recusal of a justice must be in writing, must set forth each ground for disqualification separately and with particularity, and for each ground must be supported, as to every fact alleged, by affidavit made upon personal knowledge by a person or persons affirmatively shown competent to testify. Supporting affidavits must set forth only such facts as would be admissible in evidence, and, as to all incidents or occurrences alleged, must establish timeliness by stating specifically the times and circumstances under which it is claimed that the same were discovered. Statements not in this form must not be filed. The burden of properly supporting with particularity both the timeliness of the motion or charge, and the grounds therefor, is upon the party who tenders the motion or charge.
(c) Legal Authorities. All motions and charges seeking disqualification or recusal of a justice must be accompanied by a brief of legal points and authorities, setting forth specifically and under separate headings the legal basis for each ground alleged in the motion or charge. Failure to present substantial legal authority for any ground is a basis for summary denial of the motion or charge, and is a willful violation of this rule.
(d) Personal Service Upon Opposing Counsel; Response; Reply Allowed Only With Leave of Court. The motion or charge, and all supporting documents, must be personally served upon counsel for all adverse parties at least one (1) full judicial day before being tendered to the clerk of this court for filing, and unless otherwise ordered all adverse parties will have ten (10) days from the date on which a motion or charge has been filed in which to file opposition, including answering points and authorities and affidavits. A reply to the opposition must not be tendered to the clerk for filing without leave of court first granted upon application to the chief justice or other justice next senior in commission against whom the motion or charge is not directed, after three (3) days’ notice in writing to all interested parties. A motion or charge for disqualification or recusal will be decided, without further written submissions from the parties, upon the filing of the motion or charge, and the opposition, together with any reply that has been authorized. Serial motions or charges, whether entitled as separate challenges, or as supplements, or entitled in any other way, must not be filed, and will not be entertained. Telefax communications must not be employed to expand upon authorized submissions or in any way to avoid the limitations stated herein.
The challenged justice may tender a response to the motion or charge, either in writing, or orally at any hearing that may be ordered by the court.
(e) Sanctions for Abuse or Failure to Comply With Rule. For any violation of this rule, or for the filing of any motion or charge or supporting documents found to be tendered for purposes of delay, lacking diligence or lacking good faith in any particular, the court may impose appropriate sanctions, including awards of costs, attorneys’ fees, and damages to any person injured, delayed or inconvenienced by the motion or charge. If the supreme court determines that any abuse or misconduct has occurred warranting professional sanctions beyond monetary awards, the court may convene a hearing for the purpose of determining the same or, in its discretion, may appoint a master to conduct a hearing in its stead and to make recommendations as to the sanctions to be imposed.
Any true and relevant statement properly made in presenting a motion or charge as provided by this rule is privileged. There is no privilege to present defamatory matter in a motion or charge, or in supporting documents, that is untrue or that is contained in any paper filed without authorization under this rule.
[Added; effective May 25, 1990.]
(a) Filing Constitutes Entry; Clerk Mails Copies to Parties. The filing of the court’s decision or order constitutes entry of the judgment. The clerk shall file the judgment following receipt thereof from the court. If a judgment is rendered without an opinion, the clerk shall enter the judgment following instruction from the court. The clerk shall, on the date judgment is entered, mail to all parties a copy of the opinion, if any, or of the order entering judgment, if no opinion was written.
(1) The justices of the supreme court, or district judges designated by the governor to serve on the supreme court for a specific case, if they are physically present within the State of Nevada, may sign duplicate copies of any order or opinion. If duplicate copies of an order or opinion are signed by the various members of the supreme court, the judges or justices signing the duplicate copies shall date their signatures on duplicate copies and shall immediately inform the clerk of the court that the duplicate copies are signed. The clerk of the court shall then note on the appropriate signature line of the original order or opinion that the absent judges or justices have signed duplicate copies of the order or opinion pursuant to this subdivision. When possible, a facsimile of each signed duplicate copy of the order or opinion shall also be transmitted immediately to the clerk of the court. The duplicate copies of the order or opinion containing the original signatures of the judges or justices shall be sent by the fastest means available to the clerk of the supreme court, who shall place those duplicates in the court’s file.
[Added; effective April 24, 1990.]
(2) An order or opinion that is signed in duplicate pursuant to this subdivision shall be filed by the clerk of the supreme court upon receipt of notification from the absent judges or justices that they have signed the duplicate copies. The order or opinion shall be effective for all purposes when the clerk receives notification pursuant to this subdivision that the requisite number of signatures have been obtained and it is filed by the clerk. All orders or opinions that are signed pursuant to this subdivision shall contain a notice to the parties that it was signed pursuant to this subdivision.
[Added; effective April 24, 1990.]
(b) Reversal, Modification; Certified Copy of Opinion to Lower Court. Where a judgment is reversed or modified, a certified copy of the opinion in the case shall be transmitted with the remittitur to the court below.
RULE 37. INTEREST ON JUDGMENTS
Unless otherwise provided by law, if a judgment for money in a civil case is affirmed, whatever interest is allowed by law shall be payable from the date the judgment was entered in the district court. If a judgment is modified or reversed with a direction that a judgment for money be entered in the district court, the mandate shall contain instructions with respect to allowance of interest.
(a) Frivolous Appeals; Costs. If the Supreme Court shall determine that an appeal is frivolous, it may award just damages and single or double costs to the respondent.
(b) Frivolous Appeals; Attorney Fees as Costs. In any civil matter, when an appeal has frivolously been taken or been processed in a frivolous manner; when circumstances indicate that an appeal has been taken or processed solely for purposes of delay, when an appeal has been occasioned through respondent’s imposition on the court below; or whenever the appellate processes of this court have otherwise been misused, this court may, on its own motion, require the offending party to pay, as costs on appeal, such attorney fees as it deems appropriate to discourage like conduct in the future.
(a) To Whom Allowed. Except as otherwise provided by law, if an appeal is dismissed, costs shall be taxed against the appellant unless otherwise agreed by the parties or ordered by the court; if a judgment is affirmed, costs shall be taxed against the appellant unless otherwise ordered; if a judgment is reversed, costs shall be taxed against the respondent unless otherwise ordered; if a judgment is affirmed or reversed in part, or is vacated, costs shall be allowed only as ordered by the court.
(b) Reserved.
(c) Costs of Briefs, Appendices, Counsel’s Transportation; Limitation. The cost of printing or otherwise producing necessary copies of briefs or appendices shall be taxable in the Supreme Court at rates not higher than those generally charged for such work in the area where the district court is located. The actual costs of round trip transportation for one attorney, actually attending arguments before the Supreme Court, between the place where the district court is located and the place where the appeal is argued shall be taxable. For the purpose of the preceding sentence “actual costs” for private automobile travel shall be deemed to be 15 cents per mile, but where commercial air transportation is available at a cost less than private automobile travel, only the cost of the air transportation shall be taxable. A party who desires such costs to be taxed shall state them in an itemized and verified bill of costs which he shall file with the clerk, with proof of service, within fourteen (14) days after the entry of judgment. The maximum amount of costs taxable under this section shall be $250.00.
[As amended; effective September 1, 1989.]
(d) Clerk to Insert Costs in Remittitur. The clerk shall prepare and certify an itemized statement of costs taxed in the Supreme Court for insertion in the remittitur. If the remittitur has been issued before final determination of costs, the statement, or any amendment thereof, may be added to the remittitur at any time upon request of the clerk of the Supreme Court.
(e) Costs on Appeal Taxable in the District Courts. Costs incurred in the preparation and transmission of the record, the cost of the reporter’s transcript, if necessary for the determination of the appeal, the premiums paid for cost of supersedeas bonds or other bonds to preserve rights pending appeal, and the fee for filing the notice of appeal shall be taxed in the district court as costs of the appeal in favor of the party entitled to costs under this Rule.
RULE 40. PETITION FOR REHEARING
(a) Procedure and Limitations.
(1) Time for Filing; Content. A petition for rehearing may be filed within eighteen (18) days after the filing of the court’s decision pursuant to Rule 36 unless the time is shortened or enlarged by order. The three day mailing period set forth in Rule 26(c) does not apply to the time limits set by this Rule. The petition shall state briefly and with particularity the points of law or fact which in the opinion of the petitioner the court has overlooked or misapprehended and shall contain such argument in support of the petition as the petitioner desires to present. Oral argument in support of the petition will not be permitted. Any claim that this court has overlooked or misapprehended a material fact shall be supported by a reference to the page of the transcript, appendix or record where the matter is to be found; any claim that this court has overlooked or misapprehended a material question of law or has overlooked, misapplied or failed to consider controlling authority shall be supported by a reference to the page of the brief where petitioner has raised the issue.
(2) Petitions in Criminal Appeals; Exhaustion of State Remedies. This court considers a decision by a panel or the en banc court resolving a claim of error in a criminal case, including a claim for post-conviction relief, to be final for purposes of exhaustion of state remedies in subsequent federal proceedings. Rehearing is available only under the limited circumstances set forth in subsection (c) of this Rule. Petitions for rehearing filed on the pretext of exhausting state remedies may result in sanctions pursuant to subsection (g) of this Rule.
(b) Form of Petition and Answer; Number of Copies; Length; Filing Fee.
(1) Panel Decision. A petition for rehearing of a panel decision, or an answer to the petition, shall be in a form prescribed by Rule 32, and an original and four (4) copies shall be filed with the clerk unless the court by order in a particular case shall direct a different number. One copy shall be served on counsel for each party separately represented.
(2) En Banc Decision. A petition for rehearing of an en banc decision, or an answer to the petition, shall be in a form prescribed by Rule 32, and an original and eight (8) copies shall be filed with the clerk unless the court by order in a particular case shall direct a different number. One copy shall be served on counsel for each party separately represented.
(3) Length. Except by permission of the court, a petition for rehearing, or an answer to the petition, shall not exceed 10 pages.
(4) Filing Fee. A $150 filing fee shall be paid to the clerk at the time a petition for rehearing is submitted for filing.
(c) Scope of Application; When Rehearing Considered.
(1) Matters presented in the briefs and oral arguments may not be reargued in the petition for rehearing, and no point may be raised for the first time on rehearing.
(2) The court may consider rehearings in the following circumstances:
(i) When the court has overlooked or misapprehended a material fact in the record or a material question of law in the case, or
(ii) When the court has overlooked, misapplied or failed to consider a statute, procedural rule, regulation or decision directly controlling a dispositive issue in the case.
(d) Answer; Reply. No answer to a petition for rehearing or reply to an answer shall be filed unless requested by the court. Unless otherwise ordered by the court, the answer to a petition for rehearing shall be filed within fifteen (15) days after entry of the order requesting the answer. A petition for rehearing will ordinarily not be granted in the absence of a request for an answer.
(e) Action by Court if Granted. If a petition for rehearing is granted, the court may make a final disposition of the cause without reargument or may restore it to the calendar for reargument or resubmission or may make such other orders as are deemed appropriate under the circumstances of the particular case. A petition for rehearing of a panel decision shall be reviewed by the panel that decided the matter. If the panel determines that rehearing is warranted, rehearing before that panel will be held. The full court shall consider a petition for rehearing of an en banc decision.
(f) Untimely Petitions; Unrequested Answer or Reply. A petition for rehearing is timely if mailed or sent by commercial carrier to the clerk within the time fixed for filing. The clerk shall not receive or file an untimely petition, but shall return the petition unfiled. The clerk shall return unfiled any answer or reply submitted for filing in the absence of an order requesting the same.
(g) Sanctions. Petitions for rehearing which do not comply with this Rule may result in the imposition of appropriate sanctions.
[As amended; effective July 1, 2003.]
RULE 40A. PETITION FOR EN BANC RECONSIDERATION
(a) Grounds for En Banc Reconsideration. En banc reconsideration of a panel decision is not favored and ordinarily will not be ordered except when (1) reconsideration by the full court is necessary to secure or maintain uniformity of its decisions, or (2) the proceeding involves a substantial precedential, constitutional or public policy issue. This court considers a decision of a panel of this court resolving a claim of error in a criminal case, including a claim for post-conviction relief, to be final for purposes of exhaustion of state remedies in subsequent federal proceedings. En banc reconsideration is available only under the limited circumstances set forth in this subsection of this Rule. Petitions for en banc reconsideration in criminal cases filed on the pretext of exhausting state remedies may result in the imposition of sanctions under subsection (g) of this Rule.
(b) Time for Filing; Effect of Filing on Finality of Judgment. Any party may petition for en banc reconsideration of a panel’s decision within ten (10) days after written entry of a panel decision to deny rehearing. The three day mailing period set forth in Rule 26(c) does not apply to the time limits set by this Rule. No petition for en banc reconsideration of a panel’s decision to grant rehearing is allowed; however, if a panel grants rehearing, any party may petition for en banc reconsideration of the panel’s decision on rehearing within ten (10) days after written entry of the decision. If no petition for rehearing is filed, then no petition for en banc reconsideration is allowed. The pendency of a petition for en banc reconsideration shall not affect the finality of the judgment of the court or stay the issuance of the remittitur.
(c) Content of Petition. A petition based on grounds that full court reconsideration is necessary to secure and maintain uniformity of the court’s decisions shall demonstrate that the panel’s decision is contrary to prior, published opinions of this court and shall include specific citations to those cases. If the petition is based on grounds that the proceeding involves a substantial precedential, constitutional or public policy issue, the petition shall concisely set forth the issue, shall specify the nature of the issue, and shall demonstrate the impact of the panel’s decision beyond the litigants involved. The petition shall be supported by points and authorities and shall contain such argument in support of the petition as the petitioner desires to present. Matters presented in the briefs and oral arguments may not be reargued in the petition, and no point may be raised for the first time.
(d) Form of Petition and Answer; Number of Copies; Length. A petition for en banc reconsideration, or an answer to the petition, shall be in a form prescribed by Rule 32, and an original and eight (8) copies shall be filed with the clerk unless the court by order in a particular case shall direct a different number. One copy shall be served on counsel for each party separately represented. Except by permission of the court, a petition for full court reconsideration, or an answer to the petition, shall not exceed 10 pages.
(e) Answer and Reply. No answer to a petition for reconsideration or reply to an answer shall be filed unless requested by the court. Unless otherwise ordered by the court, the answer to a petition for reconsideration shall be filed within fifteen (15) days after entry of the order requesting the answer. A petition for reconsideration will ordinarily not be granted in the absence of a request for an answer.
(f) Action by Court if Granted. En banc reconsideration shall be granted upon the request of any two justices. If a petition for en banc reconsideration is granted, the court may make a final disposition of the cause without reargument or may place it on the en banc calendar for reargument or resubmission or may make such other orders as are deemed appropriate under the circumstances of the particular case.
(g) Frivolous Petitions; Costs Assessed. Unless a case meets the rigid standards of subsection (a) of this Rule, the duty of counsel is discharged without filing a petition for en banc reconsideration of a panel decision. Counsel filing a frivolous petition shall be deemed to have multiplied the proceedings in the case and to have increased costs unreasonably and vexatiously. At the discretion of the court, counsel personally may be required to pay an appropriate sanction, including costs and attorney’s fees, to the opposing party.
(h) Untimely Petitions; Unrequested Answer or Reply. A petition for reconsideration is timely if mailed or sent by commercial carrier to the clerk within the time fixed for filing. The clerk shall not receive or file an untimely petition, but shall return the petition unfiled. The clerk shall return unfiled any answer or reply submitted for filing in the absence of an order requesting the same.
[As amended; effective August 14, 2000.]
RULE 41. ISSUANCE OF REMITTITUR; STAY OF REMITTITUR
(a) Date of Issuance. The remittitur of the court shall issue twenty-five (25) days after the entry of judgment unless the time is shortened or enlarged by order. Unless an appeal or other proceeding is dismissed pursuant to Rule 42, a formal remittitur shall issue. A certified copy of the judgment and opinion of the court, if any, and any direction as to costs shall be included with the remittitur. The timely filing of a petition for rehearing will stay the remittitur until disposition of the petition unless otherwise ordered by the court. If the petition is denied, the remittitur shall issue twenty-five (25) days after entry of the order denying the petition unless the time is shortened or enlarged by order. Unless the court otherwise orders, a petition for full court reconsideration shall not affect the finality of the judgment of the court or stay issuance of the remittitur.
(b) Stay of Remittitur Pending Application for Certiorari. A stay of the remittitur pending application to the Supreme Court of the United States for a writ of certiorari may be granted upon motion, reasonable notice of which shall be given to all parties. The stay shall not exceed sixty (60) days unless the period is extended for cause shown. If during the period of the stay there is filed with the clerk of the Supreme Court of Nevada a notice from the clerk of the Supreme Court of the United States that the party who has obtained the stay has filed a petition for the writ in that court, the stay shall continue until final disposition by the Supreme Court of the United States. Upon the filing of a copy of an order of the Supreme Court of the United States denying the petition for writ of certiorari the remittitur shall issue immediately. A bond or other security may be required as a condition to the grant or continuance of a stay of the remittitur.
[As amended; effective August 26, 2002.]
(a) Reserved.
(b) Dismissal in the Supreme Court. If the parties to an appeal or other proceeding shall sign and file with the clerk of the Supreme Court an agreement that the proceeding be dismissed, specifying the terms as to payment of costs, and shall pay whatever fees are due, the clerk shall enter the case dismissed, but no remittitur or other process shall issue without an order of the court. An appeal may be dismissed on motion of the appellant upon such terms as may be agreed upon by the parties or fixed by the court.
[As amended; effective September 1, 1996.]
RULE 43. SUBSTITUTION OF PARTIES
(a) Death of a Party. If a party dies after a notice of appeal is filed or while a proceeding is otherwise pending in the Supreme Court, the personal representative of the deceased party may be substituted as a party on motion filed by the representative or by any party with the clerk of the Supreme Court. The motion of a party shall be served upon the representative in accordance with the provisions of Rule 25. If the deceased party has no representative, any party may suggest the death on the record and proceedings shall then be had as the Supreme Court may direct. If a party against whom an appeal may be taken dies after entry of a judgment or order in the district court but before a notice of appeal is filed, an appellant may proceed as if death had not occurred. After the notice of appeal is filed substitution shall be effected in the Supreme Court in accordance with this subdivision. If a party entitled to appeal shall die before filing a notice of appeal, the notice of appeal may be filed by his personal representative, or, if he has no personal representative, by his attorney of record within the time prescribed by these rules. After the notice of appeal is filed substitution shall be effected in the Supreme Court in accordance with this subdivision.
(b) Substitution for Other Causes. If substitution of a party in the Supreme Court is necessary for any reason other than death, substitution shall be effected in accordance with the procedure prescribed in subdivision (a).
(c) Public Officers; Death or Separation From Office.
(1) When a public officer is a party to an appeal or other proceeding in the Supreme Court in his official capacity and during its pendency dies, resigns or otherwise ceases to hold office, the action does not abate and his successor is automatically substituted as a party. Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An order of substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution.
(2) When a public officer is a party to an appeal or other proceeding in his official capacity he may be described as a party by his official title rather than by name; but the court may require his name to be added.
RULE 44. CASES INVOLVING CONSTITUTIONAL QUESTIONS WHERE STATE IS NOT A PARTY
It shall be the duty of a party who draws in question the constitutionality of any Act of the legislature in any proceeding in the Supreme Court to which the state, or any agency thereof, or any officer or employee thereof, as such officer or employee, is not a party, upon the filing of the record, or as soon thereafter as the question is raised in the Supreme Court to give immediate notice in writing to the court of the existence of said question. The clerk shall thereupon certify such fact to the Attorney General.
(a) General Provisions. The clerk of the Supreme Court shall take the oath and give the bond required by law. Neither the clerk nor any deputy clerk shall practice as an attorney or as counselor in any court while in office. The Supreme Court shall be deemed always open for the purpose of filing any proper paper, of issuing and returning process and of making motions and orders. The office of the clerk with the clerk or a deputy in attendance shall be open during business hours on all days except Saturdays, Sundays and nonjudicial days, but the court may provide by rule or order that the office of its clerk shall be open for specified hours on Saturdays or on particular nonjudicial days.
(b) The Docket; Calendar; Other Records Required. The clerk shall keep a book known as the docket, in such form and style as may be prescribed by the court, and shall enter therein each case. Cases shall be assigned consecutive file numbers. The file number of each case shall be noted on the folio of the docket whereon the first entry is made. All papers filed with the clerk and all process, orders and judgment shall be entered chronologically in the docket on the folio assigned to the case. Entries shall be brief but shall show the nature of each paper filed or judgment or order entered. The entry of an order or judgment shall show the date the entry is made. The clerk shall keep a suitable index of cases contained in the docket.
The clerk shall prepare, under the direction of the court, a calendar of cases awaiting argument. In placing cases on the calendar for argument, the clerk shall give preference to appeals in criminal cases and to appeals and other proceedings entitled to preference by law.
The clerk shall keep such other books and records as may be required from time to time by the court.
(c) Notice of Orders or Judgments. Immediately upon the entry of an order or judgment the clerk shall serve a notice of entry by mail upon each party to the proceeding together with a copy of any opinion respecting the order or judgment, and shall make a note in the docket of the mailing. Service on a party represented by counsel shall be made on counsel.
(d) Custody of Records and Papers. The clerk shall have custody of the records and papers of the court. The clerk shall not permit any original record or paper to be taken from the clerk’s custody except as authorized by the orders or instructions of the court. Original papers transmitted shall upon disposition of the case be returned to the court or agency from which they were received. The clerk shall preserve copies of briefs and other papers filed. The transcript and appendices to the briefs must be retained for sixty (60) days after issuance of the remittitur, and then may be destroyed.
(e) Office Location; Attendance at Court Sessions; Removal of Papers.
(1) The clerk’s office shall be kept in Carson City, Nevada.
(2) The clerk or the clerk’s deputy shall attend in person the sessions of the court.
(f) Fees. The clerk shall not be required to file any paper or record in the clerk’s office or docket any proceeding until the fee required by law and these rules has been paid.
[As amended; effective September 1, 1996.]
The seal of the court shall contain the words “Supreme Court State of Nevada” on the upper part of the outer edge, preceded and followed by a star; and the words “Fiat Justitia” on the lower part of the outer edge, running from left to right; and in the center an eagle with its left wing displayed and the figure of the Goddess of Liberty, her left hand holding a liberty pole surmounted by a Phrygian cap, her right hand supporting a shield.
(a) Practice Before Supreme Court—Bar Membership Required; Exceptions. No person may practice law before the Supreme Court who is not an active member of the State Bar of Nevada except as provided by SCR 42. If foreign counsel is associated on the briefs, all such briefs shall be signed by Nevada counsel, who shall be responsible to the Court for the content. If foreign counsel is associated upon oral argument, Nevada counsel shall be present during oral argument and shall be responsible to the Court for all matters presented.
[As amended; effective February 11, 1986.]
(b) Appearances in Proper Person. With leave of the Supreme Court, a party may file, in proper person, written briefs and papers submitted in accordance with these rules.
(c) Appointment of Counsel—Indigent Criminal, Habeas Corpus Cases. Only the Supreme Court may appoint counsel to represent indigent criminal defendants and indigent habeas corpus petitioners in original proceedings before the Supreme Court.
[As amended; effective October 31, 1976.]
(d) Withdrawal, Substitution, Removal, Change of Attorney. Withdrawals, substitution, removal and change of attorneys shall be governed by Rules 46, 47 and 48 of the Supreme Court Rules.
RULE 47. RULES OF APPELLATE PRACTICE
(a) Promulgation of Rules by the Supreme Court. The Supreme Court by action of a majority of the justices may from time to time make and amend these rules governing its practice. In all cases not provided for by rule, the Supreme Court may regulate its practice in any manner consistent with law and justice. Copies of all rules made by the Supreme Court shall upon their promulgation be furnished to all members of the State Bar of Nevada.
(b) Drafting and Printing of Orders Amending Rules; Marking of New and Old Matter.
(1) In orders amending existing rules in or adding new rules to Nevada Rules of Appellate Procedure, new matter shall be indicated by underscoring in the typewritten or other machine-produced copy and italics in the printed copy. Matter to be omitted shall be indicated by brackets in the typewritten or other machine-produced copy, and brackets in the printed copy. In subsequent orders all matter appearing as omitted and bracketed in previously entered orders shall be omitted entirely.
(2) The clerk shall cause printed copies of such orders for mailing to members of the State Bar of Nevada to be printed on one side of the page only.
These rules shall be known and cited as the Nevada Rules of Appellate Procedure, or abbreviated “N.R.A.P.”
APPENDIX OF FORMS
Form 1. Notice of Appeal to the Supreme Court From a Judgment or Order of a District Court
Dept. No. .....................
IN THE ................ JUDICIAL DISTRICT COURT OF THE
STATE OF NEVADA IN AND FOR
THE COUNTY OF ................
A. B., Plaintiff }
v. }
C. D., Defendant }
NOTICE OF APPEAL
Notice is hereby given that C. D., defendant above named, hereby appeals to the Supreme Court of Nevada (from the final judgment) (from the order (describing it)) entered in this action on the ........... day of .................., 20 ......
/s/...................................................................................
Attorney for C.D.
.......................................................................................
Address
No. ........................ Dept. No. .....................
IN THE …………………… JUDICIAL DISTRICT COURT OF THE
STATE OF NEVADA IN AND FOR
THE COUNTY OF …………….
A. B., Plaintiff }
v. }
C. D., Defendant }
CASE APPEAL STATEMENT
1. Name of appellant filing this case appeal statement:
2. Identify the judge issuing the decision, judgment, or order appealed from:
3. Identify all parties to the proceedings in the district court (the use of et al. to denote parties is prohibited):
4. Identify all parties involved in this appeal (the use of et al. to denote parties is prohibited):
5. Set forth the name, law firm, address, and telephone number of all counsel on appeal and identify the party or parties whom they represent:
6. Indicate whether appellant was represented by appointed or retained counsel in the district court:
7. Indicate whether appellant is represented by appointed or retained counsel on appeal:
8. Indicate whether appellant was granted leave to proceed in forma pauperis, and the date of entry of the district court order granting such leave:
9. Indicate the date the proceedings commenced in the district court (e.g., date complaint, indictment, information, or petition was filed):
Dated this …………….. day of ………………………., 20………. .
.......................................................................................
(Signature of Attorney)
.......................................................................................
(Nevada Bar Identification No.)
.......................................................................................
(Law Firm)
.......................................................................................
(Address)
.......................................................................................
(Telephone Number)
[Added; effective September 1, 1996.]
Form 3. Transcript Request Form
IN THE SUPREME COURT OF THE STATE OF NEVADA
A. B., Appellant } No..................................
v. }
C. D., Respondent }
REQUEST FOR TRANSCRIPT OF PROCEEDINGS
TO: [Court Reporter Name]
Appellant requests preparation of a transcript of the proceedings before the district court, as follows:
Judge or officer hearing the proceeding:
Date or dates of proceeding:
Portions of the transcript requested:
Number of copies required:
I hereby certify that on this date I ordered this transcript from the court reporter named above, and paid the required deposit.
Dated this ……………… day of ………………………, 20……… .
.......................................................................................
(Signature of Attorney)
.......................................................................................
(Nevada Bar Identification No.)
.......................................................................................
(Law Firm)
.......................................................................................
(Address)
.......................................................................................
(Telephone Number)
[Added; effective September 1, 1996.]
Form 4. Affidavit and Order to Accompany Motion for Leave to Appeal in Forma Pauperis
No. ........................ Dept. No. .....................
IN THE JUDICIAL DISTRICT ................ COURT OF THE
STATE OF NEVADA IN AND FOR
THE COUNTY OF ................
STATE OF NEVADA }
v. }
A. B. ......................................... }
AFFIDAVIT IN SUPPORT OF MOTION TO PROCEED
ON APPEAL IN FORMA PAUPERIS
State of Nevada }
}ss.
County of................................ }
I, ................................ being first duly sworn, depose and say that I am the ................................ in the above-entitled case; that in support of my motion to proceed on appeal without being required to prepay fees, cost or give security therefor, I state that because of my poverty I am unable to pay the costs of said proceeding or to give security therefor; that I believe I am entitled to redress; and that the issues which I desire to present on appeal are the following:
I further swear that the responses which I have made to the questions and instructions below relating to my ability to pay the cost of prosecuting the appeal are true.
1. Are you presently employed?
a. If the answer is yes, state the amount of your salary or wages per month and give the name and address of your employer.
b. If the answer is no, state the date of your last employment and the amount of the salary and wages per month which you received.
2. Have you received within the past twelve months any income from a business, profession or other form of self-employment, or in the form of rent payments, interest, dividends, or other source?
a. If the answer is yes, describe each source of income, and state the amount received from each during the past twelve months.
3. Do you own any cash or checking or savings account?
a. If the answer is yes, state the total value of the items owned.
4. Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable property (excluding ordinary household furnishings and clothing)?
a. If the answer is yes, describe the property and state its approximate value.
5. List the persons who are dependent upon you for support and state your relationship to those persons.
I understand that a false statement or answer to any question in this affidavit will subject me to penalties for perjury.
.......................................................................
SUBSCRIBED AND SWORN to before me this ................ day of ................, 20......
.......................................................................
Notary Public
ORDER
Let the applicant proceed without prepayment of costs or fees or the necessity of giving security therefor.
DATED this .......... day of ................, 20......
.......................................................................
District Judge
Form 5. Request for Rough Draft Transcript of Proceeding in the District Court
No. ........................ Dept. No. .....................
IN THE ................ JUDICIAL DISTRICT COURT OF THE
STATE OF NEVADA IN AND FOR
THE COUNTY OF ................
A. B., Plaintiff }
v. }
C. D., Defendant }
REQUEST FOR ROUGH DRAFT TRANSCRIPT
TO: [Court Reporter Name]
(C.D.) , defendant named above, requests preparation of a rough draft transcript of certain portions of the proceedings before the district court, as follows:
Date or dates of proceeding:
Portions of the transcript requested:
This notice requests a transcript of only those portions of the district court proceedings which counsel reasonably and in good faith believes are necessary to determine whether appellate issues are present. Voir dire examination of jurors, opening statements and closing arguments of trial counsel, and the reading of jury instructions shall not be transcribed unless specifically requested above.
I recognize that I must personally serve a copy of this form on the above named court reporter and opposing counsel, and that the above named court reporter shall have ten (10) days from the receipt of this notice to prepare and submit to the district court the rough draft transcript requested herein.
Dated this ……………… day of ………………………, 20……… .
.......................................................................................
(Signature of Attorney)
.......................................................................................
(Nevada Bar Identification No.)
.......................................................................................
(Law Firm)
.......................................................................................
(Address)
.......................................................................................
(Telephone Number)
[Added; effective September 1, 1996.]
IN THE SUPREME COURT OF THE STATE OF NEVADA
A. B., Appellant } No..................................
v. }
C. D., Respondent }
FAST TRACK STATEMENT
1. Name of party filing this fast track statement:
2. Name, law firm, address, and telephone number of attorney submitting this fast track statement:
3. Name, law firm, address, and telephone number of appellate counsel if different from trial counsel:
4. Judicial district, county, and district court docket number of lower court proceedings:
5. Name of judge issuing decision, judgment, or order appealed from:
6. Length of trial. If this action proceeded to trial in the district court, how many days did the trial last?
7. Conviction(s) appealed from:
8. Sentence for each count:
9. Date district court announced decision, sentence, or order appealed from:
10. Date of entry of written judgment or order appealed from:
(a) If no written judgment or order was filed in the district court, explain the basis for seeking appellate review:
11. If this appeal is from an order granting or denying a petition for a writ of habeas corpus, indicate the date written notice of entry of judgment or order was served by the court:
(a) Specify whether service was by delivery or by mail:
12. If the time for filing the notice of appeal was tolled by a post-judgment motion,
(a) specify the type of motion, and the date of filing of the motion:
(b) date of entry of written order resolving motion:
13. Date notice of appeal filed:
14. Specify statute or rule governing the time limit for filing the notice of appeal, e.g., N.R.A.P. 4(b), NRS 34.560, NRS 34.575, NRS 177.015, or other:
15. Specify statute, rule or other authority which grants this court jurisdiction to review the judgment or order appealed from:
16. Specify the nature of disposition below, e.g., judgment after bench trial, judgment after jury verdict, judgment upon guilty plea, etc.:
17. Pending and prior proceedings in this court. List the case name and docket number of all appeals or original proceedings presently or previously pending before this court which are related to this appeal (e.g., separate appeals by co-defendants, appeal after post-conviction proceedings):
18. Pending and prior proceedings in other courts. List the case name, number and court of all pending and prior proceedings in other courts which are related to this appeal (e.g., habeas corpus proceedings in state or federal court, bifurcated proceedings against co-defendants):
19. Proceedings raising same issues. List the case name and docket number of all appeals or original proceedings presently pending before this court, of which you are aware, which raise the same issues you intend to raise in this appeal:
20. Procedural history. Briefly describe the procedural history of the case (provide citations for every assertion of fact to the appendix, if any, or to the rough draft transcript):
21. Statement of facts. Briefly set forth the facts material to the issues on appeal:
22. Issues on appeal. State concisely the principal issue(s) in this appeal:
23. Legal argument, including authorities:
24. Preservation of issues. State concisely how each enumerated issue on appeal was preserved during trial. If the issue was not preserved, explain why this court should review the issue:
25. Issues of first impression or of public interest. Does this appeal present a substantial legal issue of first impression in this jurisdiction or one affecting an important public interest: If so, explain:
VERIFICATION
I recognize that pursuant to N.R.A.P. 3C I am responsible for filing a timely fast track statement and that the Supreme Court of Nevada may sanction an attorney for failing to file a timely fast track statement, or failing to raise material issues or arguments in the fast track statement, or failing to cooperate fully with appellate counsel during the course of an appeal. I therefore certify that the information provided in this fast track statement is true and complete to the best of my knowledge, information and belief.
Dated this ……………… day of ………………………, 20……… .
.......................................................................................
(Signature of Attorney)
.......................................................................................
(Nevada Bar Identification No.)
.......................................................................................
(Law Firm)
.......................................................................................
(Address)
.......................................................................................
(Telephone Number)
[Added; effective September 1, 1996.]
IN THE SUPREME COURT OF THE STATE OF NEVADA
A. B., Appellant } No..................................
v. }
C. D., Respondent }
FAST TRACK RESPONSE
1. Name of party filing this fast track response:
2. Name, law firm, address, and telephone number of attorney submitting this fast track response:
3. Name, law firm, address, and telephone number of appellate counsel if different from trial counsel:
4. Proceedings raising same issues. List the case name and docket number of all appeals or original proceedings presently pending before this court, of which you are aware, which raise the same issues raised in this appeal:
5. Procedural history. Briefly describe the procedural history of the case only if dissatisfied with the history set forth in the fast track statement:
6. Statement of facts. Briefly set forth the facts material to the issues on appeal only if dissatisfied with the statement set forth in the fast track statement (provide citations for every assertion of fact to the appendix, if any, or to the rough draft transcript):
7. Issues on appeal. State concisely your response to the principal issue(s) in this appeal:
8. Legal argument, including authorities:
9. Preservation of issues. State concisely your response to appellant’s position concerning the preservation of issues on appeal:
VERIFICATION
I recognize that pursuant to N.R.A.P. 3C I am responsible for filing a timely fast track response and that the Supreme Court of Nevada may sanction an attorney for failing to file a timely fast track response, or failing to cooperate fully with appellate counsel during the course of an appeal. I therefore certify that the information provided in this fast track response is true and complete to the best of my knowledge, information and belief.
Dated this ……………… day of ………………………, 20……… .
.......................................................................................
(Signature of Attorney)
.......................................................................................
(Nevada Bar Identification No.)
.......................................................................................
(Law Firm)
.......................................................................................
(Address)
.......................................................................................
(Telephone Number)
[Added; effective September 1, 1996.]
Form 8. Notice of Withdrawal of Appeal
IN THE SUPREME COURT OF THE STATE OF NEVADA
A. B., Appellant } No..................................
v. }
C. D., Respondent }
NOTICE OF WITHDRAWAL OF APPEAL
(A.B.) , appellant named above, hereby moves to voluntarily withdraw the appeal mentioned above.
I …………………………, as counsel for the appellant, explained and informed (A.B.) of the legal effects and consequences of this voluntary withdrawal of this appeal, including that (A.B.) cannot hereafter seek to reinstate this appeal and that any issues that were or could have been brought in this appeal are forever waived. Having been so informed, (A.B.) hereby consents to a voluntary dismissal of the above-mentioned appeal.
VERIFICATION
I recognize that pursuant to N.R.A.P. 3C I am responsible for filing a notice of withdrawal of appeal and that the Supreme Court of Nevada may sanction an attorney for failing to file such a notice. I therefore certify that the information provided in this notice of withdrawal of appeal is true and complete to the best of my knowledge, information and belief.
Dated this ……………… day of ………………………, 20……… .
.......................................................................................
(Signature of Attorney)
.......................................................................................
(Nevada Bar Identification No.)
.......................................................................................
(Law Firm)
.......................................................................................
(Address)
.......................................................................................
(Telephone Number)
[Added; effective September 1, 1996.]
Form 9. Certificate of Compliance
I hereby certify that I have read this appellate brief, and to the best of my knowledge, information, and belief, it is not frivolous or interposed for any improper purpose. I further certify that this brief complies with all applicable Nevada Rules of Appellate Procedure, in particular N.R.A.P. 28(e), which requires every assertion in the brief regarding matters in the record to be supported by a reference to the page of the transcript or appendix where the matter relied on is to be found. I understand that I may be subject to sanctions in the event that the accompanying brief is not in conformity with the requirements of the Nevada Rules of Appellate Procedure.
Dated this ……………… day of ………………………, 20……… .
.......................................................................................
(Signature of Attorney)
.......................................................................................
(Nevada Bar Identification No.)
.......................................................................................
(Law Firm)
.......................................................................................
(Address)
.......................................................................................
(Telephone Number)
[As amended; effective September 1, 1996; was Form 2.]
IN THE SUPREME COURT OF THE STATE OF NEVADA
A. B., Appellant } No..................................
v. }
C. D., Respondent }
CONFIDENTIAL SETTLEMENT STATEMENT
TO: [Settlement Judge Name]
1. Name of party filing this settlement statement:
2. Concisely state the relevant facts:
3. Concisely state the issues on appeal:
4. Concisely state the argument supporting your position on appeal:
5. Concisely state the weakest points of your position on appeal:
6. Concisely state the settlement proposal you believe would be fair or you would be willing to make in order to conclude this matter:
7. Concisely state all matters which, in counsel’s professional opinion, may assist the settlement judge in conducting the settlement conference.
Dated this ……………… day of ………………………, 20……… .
.......................................................................................
(Signature of Attorney)
.......................................................................................
(Nevada Bar Identification No.)
.......................................................................................
(Law Firm)
.......................................................................................
(Address)
.......................................................................................
(Telephone Number)
[Added; effective February 25, 1997.]
Form 11. Request for Rough Draft Transcript of Child Custody Proceeding in the District Court
No. ........................ Dept. No. .....................
IN THE ................ JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF ................
A. B., Plaintiff }
v. }
C. D., Defendant }
REQUEST FOR ROUGH DRAFT TRANSCRIPT
TO: [Court Reporter Name]
(C.D.) , plaintiff/defendant named above, requests preparation of a rough draft transcript of certain portions of the proceedings before the district court, as follows:
Date or dates of proceeding:
Portions of the transcript requested:
This notice requests a transcript of only those portions of the district court proceedings that counsel reasonably and in good faith believes are necessary for resolution of appellate issues.
I recognize that I must personally serve a copy of this form on the above named court reporter and opposing party, and that the above named court reporter shall have twenty days from the receipt of this notice to prepare and submit to the district court the rough draft transcript requested herein.
Dated this ……………… day of ………………………, 20……… .
.......................................................................................
(Signature of Attorney)
.......................................................................................
(Nevada Bar Identification No.)
.......................................................................................
(Law Firm)
.......................................................................................
(Address)
.......................................................................................
(Telephone Number)
[Added; effective June 1, 2006.]
Form 12. Child Custody Fast Track Statement
IN THE SUPREME COURT OF THE STATE OF NEVADA
A. B., Appellant } No..................................
v. }
C. D., Respondent }
CHILD CUSTODY FAST TRACK STATEMENT
1. Name of party filing this fast track statement:
2. Name, law firm, address, and telephone number of attorney submitting this fast track statement:
3. Judicial district, county, and district court docket number of lower court proceedings:
4. Name of judge issuing judgment or order appealed from:
5. Length of trial or evidentiary hearing. If the order appealed from was entered following a trial or evidentiary hearing, then how many days did the trial or evidentiary hearing last?
6. Written order or judgment appealed from:
7. Date that written notice of the appealed written judgment or order’s entry was served:
8. If the time for filing the notice of appeal was tolled by the timely filing of a motion listed in NRAP 4(a)(2),
(a) specify the type of motion, and the date and method of service of the motion, and date of filing:
(b) date of entry of written order resolving tolling motion:
9. Date notice of appeal was filed:
10. Specify statute or rule governing the time limit for filing the notice of appeal, e.g., N.R.A.P. 4(a), NRS 155.190, or other:
11. Specify the statute, rule or other authority, which grants this court jurisdiction to review the judgment or order appealed from:
12. Pending and prior proceedings in this court. List the case name and docket number of all appeals or original proceedings presently or previously pending before this court which involve the same or some of the same parties to this appeal:
13. Proceedings raising same issues. If you are aware of any other appeal or original proceeding presently pending before this court, which raise the same legal issue(s) you intend to raise in this appeal, list the case name(s) and docket number(s) of those proceedings:
14. Procedural history. Briefly describe the procedural history of the case (provide citations for every assertion of fact to the appendix or record, if any, or to the transcript or rough draft transcript):
15. Statement of facts. Briefly set forth the facts material to the issues on appeal (provide citations for every assertion of fact to the appendix or record, if any, or to the transcript or rough draft transcript):
16. Issues on appeal. State concisely the principal issue(s) in this appeal:
17. Legal argument, including authorities:
18. Issues of first impression or of public interest. Does this appeal present a substantial legal issue of first impression in this jurisdiction or one affecting an important public interest: Yes ...... No ........ If so, explain:
VERIFICATION
I recognize that under NRAP 3E I am responsible for timely filing a fast track statement and that the Supreme Court of Nevada may impose sanctions for failing to timely file a fast track statement, or failing to raise material issues or arguments in the fast track statement. I therefore certify that the information provided in this fast track statement is true and complete to the best of my knowledge, information, and belief.
Dated this ……………… day of ………………………, 20……… .
.......................................................................................
(Signature of Attorney)
.......................................................................................
(Nevada Bar Identification No.)
.......................................................................................
(Law Firm)
.......................................................................................
(Address)
.......................................................................................
(Telephone Number)
[Added; effective June 1, 2006.]
Form 13. Child Custody Fast Track Response
IN THE SUPREME COURT OF THE STATE OF NEVADA
A. B., Appellant } No..................................
v. }
C. D., Respondent }
CHILD CUSTODY FAST TRACK RESPONSE
1. Name of party filing this fast track response:
2. Name, law firm, address, and telephone number of attorney or proper person respondent submitting this fast track response:
3. Proceedings raising same issues. If you are aware of any other appeal or original proceeding presently pending before this court, which raise the same legal issue(s) you intend to raise in this appeal, list the case name(s) and docket number(s) of those proceedings:
4. Procedural history. Briefly describe the procedural history of the case only if dissatisfied with the history set forth in the fast track statement (provide citations for every assertion of fact to the appendix or record, if any, or to the transcript or rough draft transcript):
5. Statement of facts. Briefly set forth the facts material to the issues on appeal only if dissatisfied with the statement set forth in the fast track statement (provide citations for every assertion of fact to the appendix or record, if any, or to the transcript or rough draft transcript):
6. Issues on appeal. State concisely your response to the principal issue(s) in this appeal:
7. Legal argument, including authorities:
VERIFICATION
I recognize that under NRAP 3E I am responsible for timely filing a fast track response and that the Supreme Court of Nevada may impose sanctions for failing to timely file a fast track response. I therefore certify that the information provided in this fast track response is true and complete to the best of my knowledge, information, and belief.
Dated this ……………… day of ………………………, 20……… .
.......................................................................................
(Signature of Attorney)
.......................................................................................
(Nevada Bar Identification No.)
.......................................................................................
(Law Firm)
.......................................................................................
(Address)
.......................................................................................
(Telephone Number)
[Added; effective June 1, 2006.]