Nevada Rules of Appellate Procedure

Page updated 5/27/2025

NEVADA RULES OF APPELLATE PROCEDURE

ADOPTED BY THE SUPREME COURT OF NEVADA

Effective July 1, 1973, and Including Amendments Through May 21, 2025

APPLICABILITY OF RULES

RULE 1. SCOPE, CONSTRUCTION OF RULES

(a) Scope of Rules. These Rules govern procedure in the Supreme Court of Nevada and the Nevada Court of Appeals.

(b) Rules Not to Affect Jurisdiction. These Rules must not be construed to extend or limit the jurisdiction of the Supreme Court or the Court of Appeals as established by law.

(c) Construction of Rules. These Rules must be liberally construed to secure the proper and efficient administration of the business and affairs of the courts and to promote and facilitate the administration of justice by the courts.

(d) Effect of Rule and Subdivision Headings. Rule and subdivision headings set forth in these Rules must 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) “Case” includes action and proceeding.

(3) “Clerk” and “clerk of the Supreme Court” means the person appointed to serve as clerk of both the Supreme Court and Court of Appeals.

(4) “Court” means the Supreme Court or Court of Appeals.

(5) “Party,” “applicant,” “petitioner,” or any other designation of a party includes 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 must be made on the party’s attorney of record if the party has one.

(6) “Person” includes and applies to corporations, firms, associations, and all other entities, as well as natural persons.

(7) “Pro se,” “self-represented,” or any similar term refers to a party acting on the party’s own behalf without the assistance of counsel.

(8) “Postconviction appeal” includes any appeal from an order resolving a postconviction challenge to a judgment of conviction, sentence, or the computation of time served under a judgment of conviction, including, but not limited to, proceedings instituted under NRS Chapter 34.

(9) “Shall” and “must” are mandatory and “may” is permissive.

(10) The past, present, and future tense each include the others, and the singular and plural numbers each include the other.

RULE 2. SUSPENSION OF RULES

On the court’s own or a party’s motion, the court may—to expedite its decision or for other good cause—suspend any provision of these Rules in a particular case and order proceedings as the court directs, except as otherwise provided in Rule 26(b).

II. APPEALS FROM JUDGMENTS AND ORDERS
OF DISTRICT COURTS

RULE 3. APPEAL—HOW TAKEN

(a) Filing the Notice of Appeal.

(1) Except for automatic appeals from a judgment of death under NRS 177.055, an appeal permitted by law from a district court may be taken only by filing a notice of appeal with the district court clerk within the time allowed by Rule 4.

(2) An appellant’s failure 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 the court to act as it deems appropriate, including dismissing the appeal.

(3) The district court clerk must file an appellant’s notice of appeal despite perceived deficiencies in the notice, including the failure to pay any district court fees or Supreme Court filing fee. The district court clerk must apprise the appellant of the deficiencies in writing, and must send the notice of appeal to the Supreme Court in accordance with Rule 3(g) 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 must docket the appeal in accordance with Rule 12.

(b) Joint or Consolidated Appeals.

(1) When two or more parties are entitled to appeal from a district court judgment or order, and their interests make joinder practicable, they may file a joint notice of appeal. They may then proceed on appeal as a single appellant.

(2) When the parties have filed separate timely notices of appeal, the appeals may be joined or consolidated by the court upon its own motion or upon motion of a party.

(c) Contents of the Notice of Appeal.

(1) The notice of appeal must:

(A) specify the party or parties taking the appeal by naming each one in the caption or body of the notice, but an attorney representing more than one party may describe those parties with such terms as “all plaintiffs,” “the defendants,” “the plaintiffs A, B, et al.,” or “all defendants except X”;

(B) designate the judgment, order, or part thereof being appealed; and

(2) A notice of appeal may identify multiple separately appealable determinations issued in the same underlying matter.

(3) In a class action, whether or not the class has been certified, the notice of appeal is sufficient if it names one person qualified to bring the appeal as representative of the class.

(4) The Notice of Appeal Form on the Nevada Supreme Court website is a suggested form of a notice of appeal.

(d) Serving the Notice of Appeal.

(1) In General. The appellant must serve the notice of appeal on all parties to the action in the district court. Service on a party represented by counsel must be made on counsel. If a party is not represented by counsel, the appellant must serve the notice of appeal on the party at the party’s last known address. Unless the appellant serves a file-stamped copy of the notice of appeal, the notice of appeal served must indicate the date when it was filed or submitted for filing. The notice of appeal filed with the district court clerk must contain an acknowledgment of service or proof of service that conforms to the requirements of Rule 25(d).

(2) Service in Criminal Appeals. When a defendant in a criminal case appeals, the defendant’s counsel must 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, trial counsel must comply with the provisions of this Rule and Rule 3C(c) governing service of the notice of appeal.

(e) Payment of Fees. Except where provided by statute, upon filing a notice of appeal, the appellant must pay the district court clerk the Supreme Court filing fee and any fees charged by the district court. The Supreme Court filing fee is $250 for each notice of appeal filed. No filing fee is required for amended notices of appeal filed under Rule 4(a)(7).

(f) Case Appeal Statement.

(1) Appellant’s Duty to File Case Appeal Statement. Upon filing a notice of appeal, the appellant must also file with the district court clerk a completed case appeal statement that is signed by appellant’s counsel.

(2) District Court’s Duty to Complete Case Appeal Statement. When the appellant is not represented by counsel, the district court clerk must complete and sign the case appeal statement.

(3) Contents of Case Appeal Statement. The case appeal statement must contain the following information:

(A) the district court case number and caption showing the names of all parties to the proceedings below, but the use of et al. to denote parties is prohibited;

(B) the name of the judge who entered the order or judgment being appealed;

(D) the name of each respondent and the name and address of appellate counsel, if known, for each respondent, but if the name of a respondent’s appellate counsel is not known, then the name and address of that respondent’s trial counsel;

(E) whether an attorney identified in response to Rule 3(f)(3)(C) or (D) is not licensed to practice law in Nevada, and if so, whether the district court granted that attorney permission to appear under SCR 42, including a copy of any district court order granting that permission;

(F) whether the appellant was represented by appointed counsel in the district court, and whether the appellant is represented by appointed counsel on appeal;

(G) whether the district court granted the appellant leave to proceed in forma pauperis, and if so, the date of the district court’s order granting that leave;

(H) the date that the proceedings commenced in the district court;

(I) a brief description of the nature of the action and result in the district court, including the type of judgment or order being appealed and the relief granted by the district court;

(J) whether the case has previously been the subject of an appeal to or original writ proceeding in the Supreme Court or Court of Appeals and, if so, the caption and docket number of the prior proceeding;

(K) whether the primary issue on appeal involves child custody, guardianship of minors, parenting time, or visitation; and

(L) in civil cases, whether the appeal involves the possibility of settlement.

(4) Form Case Appeal Statement. A case appeal statement must substantially comply with the Case Appeal Statement Form on the Nevada Supreme Court website.

(g) Forwarding Appeal Documents to Supreme Court.

(1) District Court Clerk’s Duty to Forward.

(A) Upon the filing of the notice of appeal, the district court clerk must immediately forward to the clerk of the Supreme Court the required filing fee, together with a certified, file-stamped copy of the following documents:

(i) the notice of appeal;

(ii) the case appeal statement;

(iii) any transcript request form filed with the notice of appeal;

(iv) the district court docket entries;

(v) the civil case cover sheet, if any;

(vi) the judgment(s) or order(s) being appealed;

(vii) any notice of entry of the judgment(s) or order(s) being appealed;

(viii) any certification order directing entry of judgment in accordance with NRCP 54(b);

(ix) the minutes of the district court proceedings; and

(x) a list of exhibits offered into evidence, if any.

(B) 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 district court clerk must nonetheless forward the notice of appeal together with all documents then on file with the clerk.

(2) Appellant’s Duty. An appellant must take all action necessary to enable the district court clerk to assemble and forward the documents enumerated in Rule 3(g)(1).

RULE 3A. CIVIL ACTIONS: STANDING TO APPEAL;
APPEALABLE DETERMINATIONS

(a) Standing to Appeal. A party who is aggrieved by an appealable judgment or order may appeal from that judgment or order, with or without first moving for a new trial.

(b) Appealable Determinations. An appeal may be taken from the following judgments and orders of a district court in a civil action:

(1) A final judgment entered in an action or proceeding commenced in the court in which the judgment is rendered.

(2) A post-judgment order granting or denying a motion under NRCP 50(b), 52(b), or 59, provided all such motions are resolved as required by Rule 4(a)(5).

(3) An order granting or refusing to grant an injunction or dissolving or refusing to dissolve an injunction.

(4) An order appointing or refusing to appoint a receiver or vacating or refusing to vacate an order appointing a receiver.

(5) An order dissolving or refusing to dissolve an attachment.

(6) An order changing or refusing to change the place of trial of an action or proceeding. Whenever an appeal is taken from such an order, the clerk of the district court must forthwith certify and transmit to the clerk of the Supreme Court, as the record on appeal, the original papers on which the motion was heard in the district court and, if the appellant or respondent demands it, a transcript of any proceedings had in the district court. The district court must require its court reporter to expedite the preparation of the transcript. When the appeal is docketed in the Supreme Court, it stands submitted without further briefs or oral argument unless the court otherwise orders.

(7) A final order that did not arise in a juvenile court and that pertains to child custody, guardianship of minors, parenting time, visitation, or relocation of a minor, whether from initial proceedings or proceedings after the first final order. An order will be deemed final when all pending issues of child custody, guardianship of minors, parenting time, visitation, or relocation of a minor are resolved.

(8) A special order entered after final judgment, including a post-judgment order awarding or refusing attorney fees or costs or granting or denying relief under NRCP 60(b), or any other post-judgment order affecting the rights of a party incorporated in the judgment.

(9) An interlocutory order or decree in an action to redeem real or personal property from a mortgage or lien that determines the right to redeem and directs an accounting.

(10) An interlocutory order in an action for partition that determines the rights and interests of the respective parties and directs a partition, sale, or division.

(11) An order certified as final under NRCP 54(b).

(12) Any other appeal provided for by statute.

Advisory committee NOTE.

Revised Rule 3A preserves the purpose and structure of the former rule—to describe who may appeal what.

Subdivision (b) addresses only independently appealable orders. Under the merger doctrine, the notice of appeal encompasses all orders—such as interlocutory or temporary orders—that, for purposes of appeal, merge into the designated judgment or appealable order. It is not necessary to designate those orders in the notice of appeal. Subdivision (b)(2) clarifies that a party may challenge an order disposing of motions under Rule 50(b), 52(b), and 59, consistent with Rule 4(a)(5)(B)(ii), which also governs the timing of such a notice of appeal. Subdivision (b)(6) now treats an order changing or refusing to change the place of trial like other appealable orders—i.e., appealable no later than 30 days after written notice of entry of the order (not 30 days “from the order”) and subject to a stay in accordance with Rule 8 (not an automatic stay).

Subdivision (b)(7) clarifies appeals in family law cases. A “final order” resolving child custody, guardianship of minors, parenting time, visitation, or relocation of a minor stands in contrast to a temporary order. A case may involve multiple “final,” non-temporary orders, and this subdivision clarifies that all such final orders are appealable. Other orders entered before a final judgment resolving all claims in initial proceedings, such as those for alimony, child support, or property division, merge into the final judgment and are appealed at that time. Where an order in initial proceedings resolves some but not all of the claims, the district court may certify its order as final under NRCP 54(b). A final order in post-judgment proceedings that does not involve child custody, guardianship of minors, parenting time, visitation, or relocation of a minor may nonetheless be appealed as a special order after final judgment under subdivision (b)(8).

Subdivisions (b)(11) and (b)(12) are new, harmonizing Rule 3A with certification under NRCP 54(b) and statutory appeals.

RULE 3B. CRIMINAL ACTIONS: RULES GOVERNING

Appeals from district court determinations in criminal actions are governed by these Rules; the Nevada Rules of Criminal Practice; and NRS 176.09183, NRS 177.015 to 177.305, NRS 34.560, and NRS 34.575. All appeals in capital cases are also subject to the provisions of SCR 250. Rule 3C applies to certain direct appeals as set forth in Rule 3C(a).

RULE 3C. FAST TRACK CRIMINAL APPEALS

(a) Applicability.

(1) This Rule applies to an appeal from:

(A) a judgment of conviction pursuant to a plea of guilty, guilty but mentally ill, or nolo contendere provided that the defendant was represented by counsel in the district court and was not sentenced to death; and

(B) an order or amended judgment of conviction revoking or modifying probation provided that the defendant was represented by counsel in the district court.

(2) This Rule does not apply to an appeal filed in accordance with Rule 4(c).

(b) Responsibilities of Trial Counsel.

(1) Definition. For purposes of this Rule, “trial counsel” means the attorney or office that represented the defendant in district court in the underlying proceedings that are the subject of the appeal or the State Public Defender following a notice of substitution filed under Rule 3C(b)(4).

(2) Responsibilities. Trial counsel must file the notice of appeal, rough draft transcript request form, docketing statement, and fast track brief(s). Trial counsel must arrange their calendars and adjust their public or private contracts for compensation to accommodate the additional duties imposed by this Rule.

(3) Withdrawal. To withdraw from representation during the appeal, trial counsel must file with the clerk a motion to withdraw from representation that complies with Rule 46. The motion will be considered only after trial counsel has complied with Rule 3C(b)(2).

(4) Substitution of State Public Defender as Trial Counsel. The State Public Defender may be substituted as “trial counsel” if the judgment or order being appealed was entered by a court in a county that has opted to have the State Public Defender provide indigent appellate representation. The attorney or office that represented the defendant in district court must file the notice of appeal, rough draft transcript request form, and a notice of substitution of counsel. The notice of substitution of counsel must be filed in the district court on the same date as the notice of appeal and the rough draft transcript request form.

(c) Notice of Appeal. When a defendant elects to appeal from a district court order or judgment governed by this Rule, the defendant’s trial counsel must 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, but is not proofread, corrected, or certified to be an accurate transcript.

(1) Format. For the purposes of this Rule, a rough draft transcript must:

(A) be printed on paper 8 1/2 by 11 inches in size, with the words “Rough Draft Transcript” printed on the bottom of each page;

(B) include a concordance indexing key words in the transcript; and

(C) include an acknowledgment by the court reporter or recorder that the document submitted under this Rule is a true original or copy of the rough draft transcript.

(2) Audio or Video Recorded Proceedings. Relevant portions of the district court proceedings that were audio recorded or video recorded must be submitted in typewritten form. The court will not accept audio or video recordings in lieu of a rough draft transcript.

(3) Request for Rough Draft Transcript.

(A) Filing and Service.

(i) When a rough draft transcript is necessary for an appeal, trial counsel must file a rough draft transcript request form with the district court and serve a copy of the request form upon the court reporter or recorder and opposing counsel.

(ii) Trial counsel must serve and file the rough draft transcript request form on the same date the notice of appeal is served and filed.

(iii) Trial counsel must file with the clerk a copy of the rough draft transcript request form and proof of service of the form upon the court reporter or recorder and opposing counsel.

(B) Form. The rough draft transcript request must substantially comply with the Rough Draft Transcript Request on the Nevada Supreme Court website.

(C) Necessary Transcripts. Counsel must order transcripts of only those portions of the proceedings that counsel reasonably and in good faith believes are necessary to determine whether appellate issues are present.

(D) No Transcripts. If no transcript is to be requested, trial counsel must serve and file with the clerk a certificate to that effect within the same period that a rough draft transcript request form must be served and filed under Rule 3C(d)(3)(A)(ii). Such a certificate must substantially comply with the Certificate of No Transcript Request Form on the Nevada Supreme Court website.

(E) Court Reporter or Recorder’s Duty. The court reporter or recorder must:

(i) submit an original rough draft transcript, as requested by appellant’s or respondent’s counsel, to the district court no more than 21 days after the date that the request is served;

(ii) deliver one copy of the rough draft transcript to the requesting attorney and one copy of the rough draft transcript to counsel for each party appearing separately no more than 21 days after the date the request is served; and

(iii) within 7 days after delivering the copies of the rough draft transcript, file with the clerk a certificate of delivery that substantially complies with the Notice of Completion and Delivery of Transcript Form on the Nevada Supreme Court website and specifies the transcripts that have been delivered and the date that they were delivered to the requesting party.

(4) Supplemental Request for Rough Draft Transcript.

(A) Opposing counsel may make a supplemental request for portions of the rough draft transcript that were not previously requested. The request must be made no more than 7 days after opposing counsel is served with the transcript request made under Rule 3C(d)(3)(A).

(B) In all other respects, opposing counsel must 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 must review the sufficiency of the rough draft transcript. If a substantial question arises regarding the sufficiency of a rough draft transcript, counsel may file a motion and the court may order that a certified transcript be produced.

(6) Exceptions. The provisions of Rule 3C(d)(1)(B) do not apply to preparation of transcripts produced by means other than computer-generated technology. But time limits and other procedures governing requests for and preparation of transcripts produced by means other than computer-generated technology must conform with the provisions of this Rule respecting rough draft transcripts.

(e) Filing of Fast Track Opening Brief, Appendix, and Fast Track Reply Brief.

(1) Fast Track Opening Brief. Within 40 days from the date that the appeal is docketed in the court under Rule 12, appellant’s trial counsel must file and serve a fast trackopening brief that complies with Rule 28(a), except that it need not include a table of contents or table of authorities, and Rules 28(e) and 32.

(2) Appendix.

(A) Joint Appendix. Counsel have a duty to confer and attempt to reach an agreement concerning a possible joint appendix to be filed with the fast track opening brief.

(B) Appellant’s Appendix. In the absence of an agreement respecting a joint appendix, the appellant must file and serve an appellant’s appendix with the fast track opening brief.

(C) Form and Content. The form and contents of appendices must comply with Rules 30 and 32.

(3) Fast Track Reply Brief. The appellant may file and serve a reply to the fast track answering brief within 14 days after the fast track answering brief is served. The reply brief must comply with Rule 28(c), except that it need not include a table of contents, and Rules 28(e) and 32.

(f) Filing of Fast Track Answering Brief and Appendix.

(1) Fast Track Answering Brief. Within 21 days from the date the fast track opening brief is served, the respondent must file and serve a fast track answering brief that complies with Rule 28(b), except that it need not include a table of contents or table of authorities, and Rules 28(e) and 32.

(2) Appendix.

(A) Joint Appendix. Counsel have a duty to confer and attempt to reach an agreement concerning a possible joint appendix.

(B) Respondent’s Appendix. In the absence of an agreement respecting a joint appendix, the respondent must file and serve a respondent’s appendix with the fast track answering brief.

(C) Form and Contents. The form and contents of appendices must comply with Rules 30 and 32.

(g) Extensions of Time.

(1) Preparation of Rough Draft Transcript.

(A) Seven-Day Telephonic Extension. A court reporter or recorder may request by telephone a 7-day extension of time to prepare a rough draft transcript if the preparation requires more time than is allowed under this Rule. If good cause is shown, the clerk or a designated deputy may grant the request by telephone or by written order of the clerk.

(B) Additional Extensions by Motion. Subsequent extensions of time for filing rough draft transcripts will be granted only upon motion to the court. The motion must justify the requested extension in light of the time limits provided in this Rule, and must specify the exact length of the extension requested. Extensions of time for the filing of rough draft transcripts will be granted only upon demonstration of good cause. Sanctions may be imposed if a motion is brought without reasonable grounds.

(2) Fast Track Briefs.

(A) Seven-Day Telephonic Extension. Counsel may request by telephone a 7-day extension of time for filing fast track briefs and related documents. If good cause is shown, the clerk may grant the request by telephone or by written order of the clerk.

(B) Extensions of Time Due to Transcript Unavailability. When an extension of time has been granted to a court reporter or recorder under this Rule, the court will extend the time for filing the brief to 21 days after the date set for the transcript to be filed.

(C) Additional Extensions by Motion. Subsequent extensions of time for filing fast track briefs will be granted only upon motion to the court. The motion must justify the requested extension in light of the time limits provided in this Rule, and must specify the exact length of the extension requested. Extensions of time under this provision will be granted only upon demonstration of good cause. Sanctions may be imposed if a motion is brought without reasonable grounds.

(h) Amendments to Briefs. Leave to amend fast track briefs will be granted only upon motion to the court. A motion to amend must justify the absence of the offered arguments in the party’s brief. The motion will be granted only upon demonstration of good cause.

(i) 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 must file with the clerk a notice of withdrawal of appeal. The notice of withdrawal of appeal must substantially comply with the Notice of Withdrawal of Appeal Form on the Nevada Supreme Court website.

(j) Court Reporter or Recorder Protection and Compensation.

(1) Liability. Court reporters or recorders are not subject to civil, criminal, or administrative causes of action for inaccuracies in a rough draft transcript unless:

(A) the court reporter or recorder willfullyfails 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 recordings inaccurately; and

(B) such willful conduct proximately causes injury or damage to the party asserting the action, and that party demonstrates that appellate or postconviction relief was granted or denied based upon the court reporter’s or recorder’s inaccuracies.

(2) Compensation. Court reporters must be compensated as follows:

(A) For preparing a rough draft transcript, the court reporter must receive 100 percent of the rate established by NRS 3.370 for each transcript page as defined by NRS 3.370 and $25 for costs. Costs include 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 is additional.

(B) In the event a certified transcript is ordered after the rough draft transcript is prepared, the court reporter must 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.

(k) Sanctions. Any attorney, court reporter, or court recorder who lacks due diligence in compliance with this Rule may be subject to sanctions by the court.

(l) Conflict. The provisions of this Rule prevail over conflicting provisions of any other Rule.

RULE 3D. JUDICIAL DISCIPLINE: RIGHT TO APPEAL;
HOW TAKEN; RULES GOVERNING

(a) Appealable Decisions. Any Supreme Court justice, Court of Appeals judge, district judge, justice of the peace, or municipal court judge or referee, master, commissioner, or other judicial officer (Judicial Officer) who is the subject of any disciplinary or removal proceedings instituted before the Commission on Judicial Discipline (Commission) may appeal to the Supreme Court:

(1) from an order of suspension from the exercise of office under NRS 1.4675; and

(2) from an order of censure, removal, retirement, or other form of discipline.

(b) Notice of Appeal. An appeal to the Supreme Court from a Commission order must be taken by filing a notice of appeal with the clerk of the Commission and serving a copy of the notice on the prosecuting counsel, if any. Filing and service of the notice of appeal must be made within 30 days after service on the Judicial Officer 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 must immediately transmit to the clerk of the Supreme Court a file-stamped copy of the notice of appeal.

(c) Applicable Rules. An appeal from a Commission order will proceed in the same manner as a civil appeal except that:

(1) the provisions of Rule 4(f) for expediting criminal appeals will apply to all appeals from orders or actions taken by the Commission.

(2) any request for all or part of a transcript must be made in accordance with the Procedural Rules of the Commission.

ÊOther 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.

(d) Interlocutory Orders. Review of interlocutory orders of the Commission, which are considered either by the Judicial Officer or the Commission’s prosecuting officer to be without or in excess of jurisdiction, may be sought by way of petition for an appropriate extraordinary writ pursuant to Rule 21.

RULE 3E. FAST TRACK CHILD CUSTODY APPEALS

(a) Applicability. This Rule applies to appeals and cross-appeals from district court orders primarily pertaining to child custody, guardianship of minors, parenting time, or visitation.

(b) Responsibilities of Appellant. The 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 opening brief for the case identifying the appellate issues that are raised. An appellant and/or cross-appellant who is proceeding without counsel need not prepare a case appeal statement, as the district court clerk will prepare this document in accordance with Rule 3(f)(2).

(c) Transcripts.

(1) Rough Draft Transcript; Format. For the purposes of this Rule, a rough draft transcript is a computer-generated transcript that can be expeditiously prepared, but is not proofread, corrected, or certified to be an accurate transcript. A rough draft transcript must:

(A) be printed on paper 8 1/2 by 11 inches in size with the words “Rough Draft Transcript” printed on the bottom of each page;

(B) include a concordance, indexing key words in the transcript; and

(C) include an acknowledgment by the court reporter or recorder that the document submitted pursuant to this Rule is an original or accurate copy of the rough draft transcript.

(3) Transcript Requests.

(A) Filing and Service.

(i) When a transcript is necessary for an appeal, the appellant must file the transcript or rough draft transcript request form with the district court and must serve a copy of the request form upon the court reporter or recorder and the opposing party.

(ii) The appellant must file and serve the request form within 14 days from the date the appeal is docketed under Rule 12 or, if the parties have opted into the settlement program, within 14 days from notice that the settlement proceedings have been concluded.

(iii) Within the same time period, the appellantmust file with the clerk of the Supreme Court 1 file-stamped copy 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.

(B) Form. The transcript request form must substantially comply with the Rough Draft Transcript Request Form or the Certified Transcript Request Form on the Nevada Supreme Court website.

(C) Necessary Transcripts. Theappellant must order transcripts of only those portions of the proceedings that the appellant reasonably and in good faith believes are necessary to determine the appellate issues.

(D) No Transcripts. If no transcript is to be requested, the appellant must file with the clerk of 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 Rule 3E(c)(3)(A)(ii). Such a certificate must substantially comply with the Certificate of No Transcript Request Form on the Nevada Supreme Court website.

(4) Court Reporter or Recorder’s Duty. The court reporter or recorder must:

(A) submit an original certified transcript or rough draft transcript, as requested by the appellant, to the district court no more than 21 days after the date that the request is served;

(B) deliver one copy of the transcript or rough draft transcript to the requesting party and one copy of the transcript or rough draft transcript to each party appearing separately no more than 21 days after the date when the request is served; and

(C) within 7 days after delivering the copies of the transcript or rough draft transcript, file with the clerk a certificate of delivery that substantially complies with the Notice of Completion and Delivery of Transcript Form on the Nevada Supreme Court website and specifies the transcripts that have been delivered and the date that they were delivered to the requesting party.

(5) Supplemental Request for Transcripts or Rough Draft Transcripts.

(A) An opposing party may make a supplemental request for portions of the transcript or rough draft transcript that were not previously requested. The request must be made no more than 7 days after the appellant served the transcript request made pursuant to Rule 3E(c)(3).

(B) In all other respects, the opposing party must comply with the provisions of this Rule governing a transcript or rough draft transcript request when making a supplemental transcript request.

(6) Sufficiency of the Rough Draft Transcript. In the event that the appellant elects to use rough draft transcripts, the appellant is responsible for reviewing the sufficiency of the rough draft transcripts. If a substantial question arises regarding the sufficiency of a rough draft transcript, a party may file a motion and the court may order that a certified transcript be produced.

(7) Transmission of Transcripts. Parties represented by counsel must include copies of all transcripts that are necessary to the review of the issues presented on appeal in the appendix as provided in Rule 30. Pro se parties who have not been granted a waiver of the costs associated with the preparation and delivery of transcripts must file a copy of each requested transcript with the clerk of the Supreme Court within 14 days of receipt of the transcript from the court reporter or court recorder.

(d) Filing Fast Track Opening Brief, Appendix, and Fast Track Reply Brief.

(1) Fast Track Opening Brief. Within 60 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 60 days after the appeal is removed or exempted, the appellant and cross-appellant must file and serve, pursuant to Rule 25, their fast track opening brief on the opposing party. The fast track opening brief must substantially comply with Rule 28(a), except that it need not include a table of contents or table of authorities if the brief is no more than 20 pages or 9,334 words or, if it uses a monospaced typeface, no more than 866 lines of text, and with Rules 28(e) and 32.

(2) Appendix.

(A) Joint Appendix. Counsel have a duty to confer and attempt to reach an agreement concerning a possible joint appendix to be filed with the fast track opening brief.

(B) Appellant’s Appendix. In the absence of an agreement respecting a joint appendix, the appellant must prepare and file a separate appendix with the fast track opening brief.

(C) Form and Content. The form and contents of appendices must comply with Rules 30 and 32.

(D) Pro Se Appellant; Appendix. A pro se appellant or cross-appellant may not file an appendix. If the court’s review of the record is necessary in such a case, the court may direct that a partial or complete record be transmitted as provided in Rule 11(a)(2). Pro se parties are encouraged, but not required, to support assertions made in the fast track opening brief or answering brief regarding matters in the record by citing to the specific page number in the record that supports the assertions.

(3) Fast Track Reply Brief. The appellant may file and serve, pursuant to Rule 25, a reply to the fast track answering brief within 14 days after the fast track answering brief is served. The reply must comply with Rule 28(c), except that it need not include a table of contents if the brief is no more than 10 pages or 4,667 words or, if it uses a monospaced typeface, no more than 433 lines of text, and with Rules 28(e) and 32.

(e) Fast Track Answering Brief and Appendix.

(1) Fast Track Answering Brief. Within 21 days from the date a fast track opening brief is served, the respondent and cross-respondent must file and serve their fast track answering brief on the opposing party pursuant to Rule 25. The fast track answering brief must substantially comply with Rule 28(b), except that it need not include a table of contents or table of authorities if the brief is no more than 20 pages or 9,334 words or, if it uses a monospaced typeface, no more than 866 lines of text, and with Rules 28(e) and 32.

(2) Appendix.

(A) Joint Appendix. Counsel have a duty to confer and attempt to reach an agreement concerning a possible joint appendix.

(B) Respondent’s Appendix. In the absence of an agreement respecting a joint appendix, the respondent must file and serve a respondent’s appendix with the fast track answering brief unless the respondent is pro se.

(C) Form and Contents. The form and contents of appendices must comply with Rules 30 and 32.

(f) Expanded Fast Track Opening Brief, Answering Brief, or Reply Brief. When a case presents complex issues, a party may seek leave of the court to expand the length of the fast track opening brief, answering brief, or reply brief pursuant to Rule 32(a)(7)(D).

(g) Extensions of Time.

(1) Preparation of Transcripts or Rough Draft Transcripts.

(A) Seven-Day Telephonic Extension. A court reporter or recorder may request, by telephone, a 7-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. If good cause is shown, the clerk or a designated deputy may grant the request by telephone or by written order of the clerk.

(B) Additional Extensions by Motion. Subsequent extensions of time for filing transcripts or rough draft transcripts will be granted only upon motion to the court. The motion must justify the requested extension in light of the time limits provided in this Rule, and must specify the exact length of the extension requested. Extensions of time for the filing of transcripts or rough draft transcripts will be granted only upon demonstration of good cause. Sanctions may be imposed if a motion is brought without reasonable grounds.

(2) Case Appeal Statements; Docketing Statements; Fast Track Opening Briefs, Answering Briefs, or Reply Briefs.

(A) Seven-Day Telephonic Extension. Either party may request, by telephone, a 7-day extension of time for filing a case appeal statement, docketing statement, fast track opening brief, answering brief, or reply brief and related documents. If good cause is shown, the clerk may grant the request by telephone or by written order of the clerk.

(B) Extensions of Time Due to Transcript Unavailability. When an extension of time has been granted to a court reporter or recorder under this Rule, the court will extend the time for filing the brief to 42 days after the date set for the transcript to be filed.

(C) Additional Extensions by Motion. Subsequent extensions of time for filing fast track briefs will be granted only upon motion to the court. The motion must justify the requested extension in light of the time limits provided in this Rule and must specify the exact length of the extension requested. Extensions of time under this provision will be granted only upon demonstration of extreme need or merit. Sanctions may be imposed if a motion is brought without reasonable grounds.

(h) Amendments to Briefs. Leave to amend fast track briefs will be granted only upon motion to the court. A motion to amend must justify the absence of the offered arguments in the party’s initial brief. The motion will be granted only upon demonstration of good cause.

(i) Withdrawal of Appeal. If an appellant no longer desires to pursue an appeal after the notice of appeal is filed, the appellant must file with the clerk of the Supreme Court a notice of withdrawal of appeal.

(j) Appeal Disposition or Calendaring.

(1) Based solely upon review of the transcripts or rough draft transcripts, fast track opening brief, fast track answering brief, reply brief, and any other documents filed with the court, the court may resolve the matter.

(2) A party may seek leave of the court to remove an appeal from the fast track program and extend deadlines. 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 or that the orders pertaining to child custody, guardianship of minors, parenting time, or visitation are not a primary issue on appeal.

(3) If the court removes an appeal from the fast track program, 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 court, that party must cause a supplemental transcript to be prepared and filed in the district court and the appellate court under Rule 9 within the time specified for filing the brief in the court’s briefing order. If a represented party’s brief cites to documents not previously filed in the court, that party must file and serve an appropriately documented supplemental appendix with the brief. In accordance with Rule 30(i), pro se parties must not file an appendix, but when the court’s review of the record is necessary in a pro se appeal, the court may direct that the complete record be transmitted as provided in Rule 11(a)(2).

(4) If the court does not remove an appeal from the fast track program, the court will attempt to dispose of all fast track child custody appeals within 90 days of the date the case is transferred to the Court of Appeals. If a fast track child custody appeal is retained by the Supreme Court, the court will attempt to dispose of it within 90 days of the date the case is submitted for a decision.

(k) Court Reporter or Recorder Protection and Compensation.

(1) Liability. Court reporters or recorders are not subject to civil, criminal, or administrative causes of action for inaccuracies in a rough draft transcript unless:

(A) the court reporter or recorder willfully 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 recordings inaccurately; and

(B) such willful conduct proximately causes injury or damage to a party, and that party demonstrates that appellate relief was likely granted or denied based upon the court reporter’s or recorder’s inaccuracies.

(2) Compensation. Court reporters must be compensated as follows:

(A) For preparing a transcript or rough draft transcript, the court reporter must 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, unless the party obtains an order pursuant to NRAP 9(a)(9) or is otherwise entitled to have the transcript prepared at county or public expense. No reporter may be required to perform any service in a civil case until the fees have been paid to the court reporter or deposited with the court clerk.

(B) In the event that a certified transcript is ordered after the rough draft transcript is prepared, the court reporter must receive an additional fee as established by NRS 3.370.

(l) 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 court. Sanctionable actions include, but are not limited to, failure of the appellant to timely file a fast track opening brief or the respondent’s failure to file a fast track answering brief.

(m) Conflict. The provisions of this Rule must prevail over conflicting provisions of any other Rule.

RULE 4. APPEAL—WHEN TAKEN

(a) Appeals in Civil Cases.

(1) Time and Location for Filing a Notice of Appeal. Except as provided in Rule 4(a)(5), in a civil case in which an appeal is permitted by law from a district court, the notice of appeal required by Rule 3 must be filed with the district court clerk no later than 30 days after 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.

(2) Filing Before Entry of Judgment. A notice of appeal filed after the court announces a decision or order—but before the entry of the judgment or order—is treated as filed on the date of and after the entry.

(3) Multiple Appeals. If one party timely files a notice of appeal, any other party may file a notice of appeal no later than 14 days after the date when the first notice was served, or within the time otherwise prescribed by Rule 4(a), whichever period ends later.

(4) Entry Defined. A judgment or order is entered for purposes 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 under NRCP 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 purposes of this Rule. If that 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.

(5) Effect of Certain Motions on a Notice of Appeal.

(A) If a party timely files in the district court any of the following motions under the Nevada Rules of Civil Procedure, the notice of appeal must be filed no later than 30 days after service of written notice of entry of the order disposing of the last such remaining motion:

(i) for judgment under Rule 50(b);

(ii) to amend or make additional findings of fact under Rule 52(b), whether or not granting the motion would alter the judgment;

(iii) to alter or amend the judgment under Rule 59;

(iv) for a new trial under Rule 59; or

(v) for relief under Rule 60 if the motion is filed no later than 28 days after service of written notice of entry of the judgment or order.

(B) Notices of appeal involving motions listed in Rule 4(a)(5)(A) are governed by the following:

(i) If a party files a notice of appeal after the court announces or enters a judgment—but before it disposes of any motion listed in Rule 4(a)(5)(A)—the notice becomes effective to appeal a judgment or order, in whole or in part, when the order disposing of the last such remaining motion is entered.

(ii) A party intending to challenge an order disposing of any motion listed in Rule 4(a)(5)(A), or a judgment’s alteration or amendment upon such a motion, must file a notice of appeal, or an amended notice of appeal—in compliance with Rule 3(c)—within the time prescribed by this Rule measured from the service of written notice of entry of the order disposing of the last such remaining motion.

(6) Premature Notice of Appeal. A premature notice of appeal to which Rule 4(a)(2) or Rule 4(a)(5)(B)(i) applies does not divest the district court of jurisdiction until it becomes effective by entry of the final written order or judgment as specified in those Rules.

(7) Amended Notice of Appeal. No additional fees are required if any party files an amended notice of appeal in order to comply with the provisions of this Rule.

(b) Appeals in Criminal and Postconviction Cases.

(1) Time for Filing a Notice of Appeal.

(A) Appeal by Defendant or Petitioner. Except as otherwise provided in NRS 34.560(2), NRS 34.575(1), NRS 176.09183(6), NRS 177.055, and Rule 4(c), the notice of appeal by a defendant or petitioner in a criminal case must be filed with the district court clerk within 30 days after the later of:

(i) the entry of the judgment or order being appealed; or

(ii) the filing of the state’s notice of appeal.

(B) Appeal by the State. Except as otherwise provided in NRS 34.575(2), NRS 176.09183(4), and NRS 177.015(2), when an appeal by the state is authorized by statute, the notice of appeal must be filed with the district court clerk within 30 days after the later of:

(i) the entry of the judgment or order being appealed; or

(ii) the filing of a notice of appeal by any defendant or petitioner.

(2) Filing Before Entry of Judgment. A notice of appeal filed after the announcement of a decision, sentence, or order—but before entry of the judgment or order—is treated as filed after such entry and on the day thereof.

(3) Effect of a Motion on a Notice of Appeal.

(A) If a defendant timely makes any of the following motions, the notice of appeal from a judgment of conviction must be filed within 30 days after the entry of the order disposing of the last such remaining motion, or within 30 days after the entry of the judgment of conviction, whichever period comes later. This provision applies to a timely motion:

(i) for judgment of acquittal under NRS 175.381(2);

(ii) for a new trial under NRS 176.515, but if based on newly discovered evidence, only if the motion is made no later than 30 days after the entry of the judgment; or

(iii) for arrest of judgment under NRS 176.525.

(B) A notice of appeal filed after the court announces a decision, sentence, or order—but before it disposes of any of the motions referred to in Rule 4(b)(3)(A)—becomes effective upon the later of:

(i) the entry of the order disposing of the last such remaining motion; or

(ii) the entry of the judgment of conviction.

(C) A valid notice of appeal is effective—without amendment—to appeal from an order disposing of any of the motions referred to in Rule 4(b)(3)(A).

(4) Jurisdiction. The filing of a notice of appeal under Rule 4(b) does not divest a district court of jurisdiction to correct a sentence under NRS 176.555 or NRS 176.565, nor does the filing of a motion under those statutes affect the validity of a notice of appeal filed before entry of the order disposing of the motion. The filing of a motion under NRS 176.555 or NRS 176.565 does not suspend the time for filing a notice of appeal from a judgment of conviction.

(5) Entry Defined. A judgment or order is entered for purposes of this Rule when it is signed by the judge and filed with the clerk.

(6) Time for Entry of Judgment; Content of Judgment or Order in Postconviction Matters.

(A) Judgment of Conviction. The district court judge must enter a written judgment of conviction within 14 days after sentencing.

(B) Order Resolving Postconviction Matter. The district court judge must enter a written judgment or order finally resolving any postconviction matter. If the district court judge first makes an oral pronouncement of a final decision in such a matter, the written judgment or order must be issued within 21 days after the district court judge’s oral pronouncement. The judgment or order in any postconviction matter must contain specific findings of fact and conclusions of law supporting the district court’s decision.

(C) Sanctions; Counsel’s Failure to Timely Prepare Judgment or Order. The 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 Rule 4(b)(6).

(7) Withdrawal of Appeal. If an appellant no longer desires to pursue an appeal after the notice of appeal is filed, counsel for the appellant must file with the clerk of the Supreme Court a notice of withdrawal of appeal. The notice of withdrawal of appeal must substantially comply with the Notice of Withdrawal of Appeal Form on the Nevada Supreme Court website.

(c) Untimely Direct Appeal From a Judgment of Conviction and Sentence.

(1) When an Untimely Direct Appeal From a Judgment of Conviction and Sentence May Be Filed. An untimely notice of appeal from a judgment of conviction and sentence may be filed only under the following circumstances:

(A) A postconviction petition for a writ of habeas corpus has been timely and properly filed in accordance with the provisions of NRS 34.720 to 34.830, asserting a viable claim that the petitioner was unlawfully deprived of the right to a timely direct appeal from a judgment of conviction and sentence; and

(B) The district court in which the petition is considered finds that the petitioner has established a valid appeal-deprivation claim and is entitled to a direct appeal.

(i) specific findings of fact and conclusions of law finding that the petitioner has established a valid appeal-deprivation claim and is entitled to a direct appeal with the assistance of appointed or retained appellate counsel;

(ii) if the petitioner is indigent, directions for the appointment of appellate counsel, other than counsel for the defense in the proceedings leading to the conviction, to represent the petitioner in the direct appeal from the conviction and sentence; and

(iii) directions to the district court clerk to prepare and file—within 7 days of the entry of the district court’s order—a notice of appeal from the judgment of conviction and sentence on the petitioner’s behalf in substantially the form provided in the Notice of Appeal Form on the Nevada Supreme Court website.

(D) If a federal court of competent jurisdiction issues a final order directing the state to provide a direct appeal to a federal habeas corpus petitioner, the petitioner or petitioner’s counsel must file the federal court order within 30 days of entry of the order in the district court in which petitioner’s criminal case was pending. The clerk of the district court must prepare and file—within 30 days of filing of the federal court order in the district court—a notice of appeal from the judgment of conviction and sentence on the petitioner’s behalf in substantially the form provided in the Notice of Appeal Form on the Nevada Supreme Court website.

(2) Service by the District Court Clerk. The district court clerk must serve certified copies of the district court’s written order and the notice of appeal required by Rule 4(c) on the petitioner and petitioner’s counsel in the postconviction proceeding, if any, the respondent, the Attorney General, the district attorney of the county in which the petitioner was convicted, the appellate counsel appointed to represent the petitioner in the direct appeal, if any, and the clerk of the Supreme Court.

(3) Notice of Appeal Filed by Petitioner’s Counsel or Petitioner. If the district court has entered an order containing the findings required by Rule 4(c)(1)(C) and the district court clerk has not yet prepared and filed the notice of appeal on the petitioner’s behalf, the petitioner or petitioner’s counsel may file the notice of appeal from the judgment of conviction and sentence.

(4) Motion to Dismiss Appeal. The state may challenge a district court’s written order granting an appeal-deprivation claim by filing a motion to dismiss the appeal with the clerk of the Supreme Court within 30 days after the date on which the appeal is docketed in the Supreme Court. The state’s motion to dismiss must be properly supported with all documents relating to the district court proceeding that are necessary to the Supreme Court’s or Court of Appeals’ complete understanding of the matter.

(5) Effect on Procedural Bars. When a direct appeal of a criminal conviction and sentence is conducted under this Rule, the timeliness provisions governing any subsequent habeas corpus attack on the judgment begin to run upon the termination of the direct appeal, as provided in NRS 34.726(1) and NRS 34.800(2). A habeas corpus petition filed after a direct appeal conducted under this Rule must not be deemed a “second or successive petition” under NRS 34.810(2).

(d) Appeal by an Inmate Confined in an Institution. If an inmate confined in an institution files a notice of appeal in either a civil or a criminal case, the notice is timely if it is delivered to a prison official for mailing on or before the last day for filing. If the institution has a notice-of-appeal log or another system designed for legal mail, the inmate must use that log or system to receive the benefit of this Rule.

(e) Mistaken Filing in the Supreme Court. If a notice of appeal in either a civil or a criminal case is mistakenly filed in the Supreme Court rather than the district court, the clerk of the Supreme Court must note on the notice the date when it was received and send it to the district court clerk. The notice is then considered filed in the district court on the date so noted.

(f) Expediting Criminal Appeals. The court may, with or without motion by the parties, 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.

advisory committee NOTE.

Most of the amendments in subdivision (a), which deals with appeals in civil cases, are stylistic. Subdivisions (a)(2) and (a)(5)(B) were added and (a)(6) was modified to align with FRAP 4(a)(2) and (4). These amendments provide for a district court to decide unresolved tolling motions even though a premature notice of appeal has been filed, and for the appellate court to hold the appeal in abeyance while this occurs.

The amendments to subdivision (b), which deals with criminal appeals, are both stylistic and substantive. Subdivision (b)(1)(A) and (B) incorporate the structure of their analogous federal counterparts and allow a party to file a notice of appeal within 30 days of the entry of the judgment or order being appealed or the filing of the opposing party’s notice of appeal—whichever comes later. These amendments allow the prevailing party additional time to assess whether to cross-appeal. Subdivision (b)(4) also incorporates the structure of its analogous federal counterpart.

RULE 5. CERTIFICATION OF QUESTIONS OF LAW

(a) Power to Answer. The Supreme Court may in its discretion answer questions of law certified to it by the Supreme Court of the United States, a United States court of appeals for any circuit, a United States district or bankruptcy court, the highest appellate court of any state, territory, or the District of Columbia, or the highest court of a federally recognized Indian tribe. Such answer may be furnished, when requested by the certifying court, if there are involved in any proceeding before those courts questions of law of this state that 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 or Court of Appeals of this state. Certification ordinarily will not be accepted if facts material to the question of law certified are in dispute.

(b) Method of Invoking. This Rule may be invoked by an order of any of the courts referred to in Rule 5(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 must set forth:

(1) The questions of law to be answered;

(2) A statement of all facts relevant to the questions certified, identifying any facts that are in dispute;

(3) The nature of the controversy in which the questions arose;

(4) A designation of the party or parties who will be the appellant(s) and the party or parties who will be the respondent(s) in the Supreme Court;

(5) The names and addresses of counsel for the appellant and respondent;

(6) A brief statement explaining how the certified question of law may be determinative of the cause then pending in the certifying court;

(7) A brief statement setting forth relevant decisions, if any, of the Supreme Court and the Court of Appeals and the reasons why such decisions are not controlling; and

(8) Any other matters that the certifying court deems relevant to a determination of the questions certified.

(d) Preparation of Certification Order. The certification order must be prepared by the certifying court 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. The Supreme Court may in its discretion restate any question of law certified or may request from the certifying court additional clarification with respect to any question certified or with respect to any facts.

(e) Costs of Certification. Fees and costs are the same as in civil appeals docketed before the Supreme Court and are to be equally divided between the parties unless otherwise ordered by the certifying court in its order of certification.

(f) Docketing in Supreme Court. Upon receiving the certification order, the clerk of the Supreme Court will docket the case and notify the clerk of the certifying court, the certifying judge, and the parties that the case has been docketed in the Supreme Court.

(g) Briefs and Argument.

(1) The Supreme Court will consider whether to accept a question certified to it without oral or written argument from the parties unless otherwise directed by the Supreme Court.

(2) If the Supreme Court accepts certification of a question of law, the parties must brief the certified question of law unless the court orders otherwise. The clerk of the Supreme Court will notify the parties of the court’s decision to accept certification and set a briefing schedule. Briefs and any appendices must be in the form provided in Rules 28, 30, and 32.

(3) If the Supreme Court decides to hear oral argument on the certified question of law, Rule 34 will govern the proceedings.

(h) Opinion. The written opinion of the Supreme Court stating the law governing the questions certified will be sent by the clerk under the seal of the Supreme Court to the certifying court and to the parties, and has the same preclusive effect as a judgment under Rule 36.

advisory committee NOTE.

The amendments to subdivision (a) expand the certifying courts to include the highest appellate courts of any state, territory, the District of Columbia, or a federally recognized Indian tribe. Subdivision (a) as amended also makes clear that whether to answer a certified question of law is discretionary and that certification is normally not appropriate when material facts are in dispute. The phrase “may be determinative of the cause then pending” has the meaning set forth in Volvo Cars of North America, Inc. v. Ricci, 122 Nev. 746, 137 P.3d 1161 (2006).

Subdivision (c)(6) and (7) are new and specify additional information to be included in the certification order, to guide certifying courts as to what to include in their certification orders and to assist the Supreme Court in determining whether to accept certification.

RULE 6. RESERVED

RULE 7. BOND FOR COSTS ON APPEAL IN CIVIL CASES

In a civil case, unless an appellant is exempted by law, the district court may require an appellant to file a bond or provide other security in any form and amount necessary to ensure payment of costs on appeal. Rule 8(b) applies to a surety on a bond given under this Rule.

Advisory committee NOTE.

The former version of this Rule has been replaced with the language drawn from FRAP 7 to modernize and simplify the Rule and leave the form, amount, and release of the security to the discretion of the district court.

RULE 8. STAY OR INJUNCTION PENDING APPEAL OR RESOLUTION OF ORIGINAL WRIT PROCEEDINGS

(a) Motion for Stay.

(1) Initial Motion in the District Court. A party must ordinarily move first in the district court for the following relief:

(A) a stay of the judgment or order of, or proceedings in, a district court pending appeal or resolution of an original writ petition;

(B) approval of a supersedeas bond; or

(C) an order suspending, modifying, restoring, or granting an injunction while an appeal or original writ petition is pending.

ÊIf a district court stays an order or judgment to permit application to the appellate court for a stay pending appeal or resolution of an original writ petition, an application for such stay must be filed with the clerk of the Supreme Court within 14 days after issuance of the district court’s stay.

(2) Motion in the Court; Conditions on Relief. A motion for the relief mentioned in Rule 8(a)(1) may be made to the Supreme Court or to one of its justices. If the matter has been transferred to the Court of Appeals, the motion may be made to the Court of Appeals or to one of its judges.

(A) The motion must:

(i) show that moving first in the district court would be impracticable; or

(ii) state that, a motion having been made, the district court denied the motion or failed to afford the relief requested and state any reasons given by the district court for its action.

(B) The motion must also include:

(i) the reasons for granting the relief requested and the facts relied on;

(ii) originals or copies of affidavits or other sworn statements supporting facts subject to dispute; and

(iii) relevant parts of the record including the order or decision from which relief is sought. In an emergency, the motion shall comply with Rule 27(e).

(D) In an exceptional case in which time constraints make consideration by a panel impracticable, the motion may be considered by a single justice or judge.

(E) Unless the moving party is exempted by law, the court may condition relief on the party’s filing a bond or other appropriate security in the district court.

(b) Proceedings Against Sureties. If a party gives security in the form of a bond or stipulation or other undertaking with one or more sureties, each surety submits to the jurisdiction of the district court and irrevocably appoints the district court clerk as the surety’s agent on whom any papers affecting the surety’s liability on the bond or undertaking may be served. On motion, a surety’s liability may be enforced in the district court without the necessity of an independent action. The motion and any notice that the district court prescribes may be served on the district court clerk, who will promptly mail a copy to each surety whose address is known.

(c) Stays or Injunctions in Civil and Criminal Cases but Not Cases Involving Child Custody. In deciding whether to issue a stay or injunction, the Supreme Court or Court of Appeals will generally consider the following factors: (1) whether the object of the appeal or writ petition will be defeated if the stay or injunction is denied; (2) whether the appellant/petitioner will suffer irreparable or serious injury if the stay or injunction is denied; (3) whether the respondent/real party in interest will suffer irreparable or serious injury if the stay or injunction is granted; and (4) whether the appellant/petitioner is likely to prevail on the merits in the appeal or writ petition.

(d) Stays in Civil Cases Involving Child Custody. In deciding whether to issue a stay in matters involving child custody, the Supreme Court or Court of Appeals 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 the 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 will be had in accordance with the provisions of NRS 177.095 et seq. Admission to bail will be as provided in NRS 178.4873 through 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 will deliver copies thereof to the Governor of Nevada, the Director of the Department of Corrections, the warden of the institution in which the offender is imprisoned, and the Office of the Attorney General in Carson City.

Advisory committee NOTE.

Subdivision (a)(1) adds languagethat requires a party to move to obtain a stay in the appellate court within 14 days if the district court has entered a limited stay of an order or judgment to allow the party to seek a stay from the appellate court. This addition is modeled after Ninth Circuit Rule 27-2. Subdivision (a)(2)(B)(iii) clarifies that the portions of the record accompanying the motion should include the order from which relief is sought.

The heading of subdivision (c) was amended to clarify that the same stay factors apply to criminal and civil cases but not to child custody cases. The amendment in subdivision (f) modernizes who must receive notice of a stay motion in capital cases.

RULE 9. REQUESTS FOR AND PREPARATION OF TRANSCRIPTS

(a) Appellant’s Duty to Request Transcripts.

(1) What to Request. Unless otherwise provided in these Rules, the appellant must request transcripts of district court proceedings that the appellant deems necessary for proper consideration of the issues on appeal but that were not prepared and filed in the district court before the appeal was docketed under Rule 12.

(2) When and How to Comply With Duty to Request. The appellant must do either of the following no later than 14 days from the date the appeal is docketed under Rule 12:

(A) request the court reporter or recorder to prepare the necessary transcripts by:

(i) preparing a transcript request form that complies with Rule 9(a)(6); and

(ii) filing the original transcript request form with the district court clerk and a file-stamped copy with the clerk of the Supreme Court; or

(B) file and serve a certificate that substantially complies with the Certificate of No Transcript Request Form on the Nevada Supreme Court website stating that no transcript will be requested.

(3) Multiple Appeals From the Same Judgment. If multiple parties appeal from the same judgment, each appellant must comply with the provisions of this Rule. The appellants must confer and attempt to reach an agreement concerning the transcripts necessary for the appellate court’s review to avoid duplicative requests.

(4) Service of Request Form. Except as otherwise provided in this Rule, the appellant must serve a copy of the transcript request form on the named court reporter or recorder and on all parties to the appeal within the time provided in Rule 9(a)(2). An appellant who will seek a waiver of the costs associated with the preparation and delivery of transcripts under Rule 9(a)(9) must serve a copy of the transcript request form on all parties to the appeal within the time provided in Rule 9(a)(2) but need not serve the request form on the named court reporter or recorder.

(5) Payment of Deposit. Unless the appellant is entitled by law or court order to have the transcripts prepared at county or public expense or will be filing a motion for waiver of costs pursuant to NRAP 9(a)(9), the appellant must pay an appropriate deposit to the court reporter or recorder when the transcript request form is served. Where several parties have appealed from the same judgment or any part thereof, or there is a cross-appeal, the deposit must be borne equally by the parties appealing, or as the parties may agree. An appellant who is not required to serve the transcript request form on the court reporter or recorder under Rule 9(a)(4) is not required to pay a deposit.

(6) Contents of the Transcript Request Form. The appellant shall examine the district court minutes to ascertain the name of each court reporter or recorder who recorded the proceedings for which transcripts are necessary. The appellant must prepare a transcript request form identifying each court reporter or recorder who recorded the necessary proceedings, specifying only those proceedings recorded by the named court reporters or recorders. The transcript request form must substantially comply with the Certified Transcript Request Form on the Nevada Supreme Court website and must contain the following information based on appellant’s examination of the district court minutes:

(A) Name of the judge or officer who heard the proceedings;

(B) Date or dates of the trial or hearing to be transcribed—individual dates must be specified, a range of dates is not acceptable;

(C) Portions of the transcript requested—specify the type of proceedings (e.g., suppression hearing, trial, closing argument);

(D) Number of copies required; and

(E) A certification by the appellant or appellant’s counsel, if any, that the required transcripts have been requested and that (1) any required deposits have been paid; (2) appellant is entitled by law or court order to have transcripts prepared at county or public expense; or (3) appellant will be filing a motion for waiver of costs pursuant to Rule 9(a)(9). This certification must specify from whom the transcript was ordered, the date the transcript was ordered, and, if the requesting party was required to pay a deposit, the date the deposit was paid.

(7) Number of Copies of Transcript; Costs. Theappellant must provide a copy of the certified transcript to each party appearing separately. Additionally, if the requesting party is self-represented and has not been granted a waiver of the fees associated with the preparation and delivery of transcripts, the requesting party must, upon receipt of the transcript, file a copy of the certified transcript with the clerk of the appellate court. Unless otherwise exempted by law or court order, the appellant initially must pay any costs associated with the preparation and delivery of the transcript. Where several parties have appealed from the same judgment or any part thereof, or there is a cross-appeal, the costs associated with the preparation and delivery of the transcript must be borne equally by the parties appealing, or as the parties may agree.

(8) Supplemental Requests.

(A) Partial Transcript. Unless the entire transcript is ordered, the parties have a duty to confer and attempt to reach an agreement concerning the transcripts necessary for the appellate court’s review.

(i) If the parties cannot agree on the necessary transcripts, within 14 days from the date the initial transcript request form is filed, the respondent must notify the appellant in writing of the additional portions it believes are required.

(ii) The appellant then has 14 days to file and serve a supplemental transcript request form and pay any additional deposit required.

(iii) Unless the appellant has ordered all additional portions of the transcript requested by the respondent within 14 days and has so notified the respondent, the respondent may, within the following 14 days either order the additional portions of the transcript or move in the Supreme Court or the Court of Appeals for an order requiring the appellant to do so.

(B) Pro Bono Program Appeals. If counsel has been assigned to represent the appellant pro bono pursuant to a program authorized by the Supreme Court, pro bono counsel may proceed as provided in Rule 9(a)(9) to obtain necessary transcripts not previously prepared.

(9) Motion in Supreme Court for Waiver of Costs Associated With Preparation and Delivery of Transcripts in Certain Cases. An appellant who has been permitted to proceed in forma pauperis, who is a “client of a program for legal aid” as defined by NRS 12.015(8), or who is represented by pro bono counsel pursuant to a program authorized by the Supreme Court and administered by a program for legal aid may request a waiver of the costs associated with the preparation and delivery of the transcripts by filing a motion with the clerk of the Supreme Court. A motion under this subsection should be filed concurrently with the transcript request form that is filed with the Supreme Court pursuant to Rule 9(a)(2)(A)(ii). The motion must specifyeach proceeding for which a transcript is requested and explain why each transcript is necessary for appellate review. If the court grants the motion, it will specify the transcripts that are necessary for appellate review and direct the district court to order that those transcripts be prepared at county expense in accordance with NRS 12.015(3). The motion permitted by this subsection is not required where the requesting party is entitled by law or court order to have transcripts prepared at county or public expense.

(10) Consequences of Failure to Comply. An appellant’s failure to comply with the provisions of this Rule may result in the imposition of sanctions, including dismissal of the appeal.

(b) Duty of the Court Reporter or Recorder.

(1) Preparation, Filing, and Delivery of Transcripts.

(A) Time to File and Deliver Transcripts. Upon receiving a transcript request form and the required deposit, the court reporter or recorder must promptly prepare or arrange for the preparation of the transcript. Except as provided in Rule 9(b)(1)(B) and (b)(4), the court reporter or recorder must—within 30 days after the date that a request form is served:

(i) file the original transcript with the district court clerk; and

(ii) deliver to the party ordering the transcript 1 certified copy and an additional certified copy for the appendix.

(B) Appellant’s Failure to Pay Deposit. The court reporter or recorder is not obligated to prepare the transcript until receipt of the deposit required by Rule 9(a)(5). If the appellant fails to timely pay the deposit, the court reporter or recorder must—no later than 30 days from the date that the transcript request form is served:

(i) file with the clerk of the Supreme Court a written notice that the deposit has not been received, setting forth the full amount of the deposit and the amount that remains unpaid; and

(ii) serve a copy of the notice on the party requesting the transcript.

(2) Notice to Clerk of the Supreme Court. Within 14 days after the transcript is filed with the district court and delivered to the requesting party, the court reporter or recorder must file with the clerk of the Supreme Court a notice that the completed transcript has been filed and delivered. The notice must specify the transcripts that have been filed and delivered and the date that those transcripts were filed and delivered. The Notice of Completion and Delivery of Transcript Form on the Nevada Supreme Court website is a suggested form of certificate of delivery.

(3) Format of Transcript. A certified transcript may be produced in a conventional page-for-page format. A concordance indexing keywords in the transcript must be provided.

(4) Extension of Time to Deliver Transcript.

(A) Fourteen-Day Telephonic Extension. A court reporter or recorder may request by telephone a 14-day extension of time to prepare a transcript if the preparation requires more time than is allowed under this Rule. If good cause is shown, the clerk or a designated deputy may grant the request by telephone or by written order of the clerk.

(B) Additional Extensions by Motion. Subsequent extensions of time for filing a transcript will be granted only upon motion to the court on or before the date that the transcript is due. A motion to extend the time for delivering a transcript must be accompanied by an affidavit or declaration of the court reporter or recorder 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 all parties. Requests for extensions of time to prepare a transcript will be closely scrutinized and will be granted only upon a showing of good cause.

(C) Request for Extension of Briefing Schedule. The party requesting the transcript may, within 7 days of entry of an order granting a motion to extend the time for delivering a transcript, file a request to extend the briefing schedule by an equivalent amount granted for transcript preparation. The court may, in its discretion, extend the briefing schedule. Such an extension does not preclude a party from obtaining any other extension permitted under Rule 31.

(5) Sanctions for Failure to Comply. A court reporter or recorder who fails to file and deliver a timely transcript without sufficient cause as provided in Rule 9(b)(4) may be subject to sanctions under Rule 13.

(c) Statement of the Evidence When the Proceedings Were Not Recorded or When a Transcript Is Unavailable. If a hearing or trial was not officially recorded, or if a transcript is unavailable, the appellant may prepare a statement of the evidence or proceedings from the best available means, including an unofficial recording or the appellant’s recollection. The statement must be served on all other parties, who may serve objections or proposed amendments within 14 days after being served. The statement and any objections or proposed amendments must then be submitted to the district court for settlement and approval. As settled and approved, the statement must be included by the district court clerk in the trial court record, and the appellant must include a file-stamped copy of the statement in an appendix filed with the clerk of the Supreme Court.

ADVISORY COMMITTEE NOTE.

The 2025 amendments clarify that a motion under NRAP 9(a)(9) is not required to obtain recordings or transcripts that the requesting party is already entitled by law or court order to obtain at county or public expense, for instance, State or County Public Defender’s Offices in criminal direct appeals. They also clarify that district court forms and transcript request forms may request transcripts from multiple court reporters or recorders so long as the transcript request form substantially complies with NRAP 9.

RULE 10. THE RECORD

(a) The District Court Record. The district 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 district court clerk must retain the district court record. When the appellate court deems it necessary to review the district court record, the district court clerk must assemble and transmit the portions of the record designated by the clerk of the Supreme Court in accordance with the provisions of Rule 11. The appellate court may direct a party to pay any costs associated with the preparation and transmission of the record.

(b) The Record on Appeal.

(1) The Appendix. For the purposes of appeal, the parties must submit to the clerk of the Supreme Court copies of the portions of the district court record to be used on appeal, including all transcripts necessary to the Supreme Court’s or Court of Appeals’ review, as appendices to their briefs. Under Rule 30(a), a joint appendix is preferred. This Rule does not apply to pro se parties, except as provided in Rule 21(a)(4) governing proceedings for extraordinary writs. The Supreme Court or Court of Appeals will determine whether its review of the complete record is necessary in a pro se appeal and direct the district court clerk to transmit the record as provided in Rule 11(a)(2).

(2) Exhibits. If exhibits cannot be copied to be included in the appendix, the parties may request transmittal of the original exhibits to the clerk of the Supreme Court under Rule 30(d).

(3) Audio or Video Recordings. If an official audio or video recording of a proceeding is necessary to the Supreme Court’s or Court of Appeals’ meaningful review of an issue raised on appeal, a party may request transmittal of the recording to the clerk of the Supreme Court. The court will not accept audio or video recordings in lieu of a transcript.

(c) Correction or Modification of the Record.

(1) If any difference arises about whether the district court record truly discloses what occurred in the district court, the difference must be submitted to and settled by that court and the record conformed accordingly.

(2) If anything material to either party is omitted from or misstated in the district court record, the omission or misstatement may be corrected:

(A) on stipulation of the parties;

(B) on order of the district court; or

(3) All other questions as to the form and content of the record must be presented to the Supreme Court or Court of Appeals.

advisory committee NOTE.

The amendments update Rule 10 to provide a mechanism for parties to request transmission of audio or video recordings that are necessary for meaningful appellate review. Subdivisions (c)(2) and (c)(3) are modeled on FRAP 10(e)(2) and (3) to enable parties to correct and supplement the record either in district court or in Nevada’s appellate courts when “anything material to either party is omitted from or misstated in the district court record.” However, unlike in FRAP 10(e)(2), the omission or misstatement need not have been the result of an “error or accident” to be corrected.

RULE 11. PREPARING AND FORWARDING THE RECORD

(a) Preparation of the Record. The district court clerk must transmit the district court record to the clerk of the Supreme Court only when required by statute or court rule or upon order of the Supreme Court or Court of Appeals. The district court clerk must assemble, paginate, and index the record in the same manner as an appendix to the briefs under Rule 30. If the Supreme Court or Court of Appeals determines that its review of original papers or exhibits is necessary, the district court clerk must forward the original district court record in lieu of copies.

(1) Exhibits. If the Supreme Court or Court of Appeals directs transmittal of exhibits, the exhibits must not be included with the documents comprising the record. The district court clerk must place exhibits in an envelope or other appropriate container, so far as practicable. The title of the case, the court docket number, and the number and description of all exhibits must be listed on the envelope, or if no envelope is used, then on a separate list.

(2) Record in Pro Se Cases. When the court directs transmission of the complete record in cases in which the appellant is proceeding without counsel, the record must contain each and every paper, pleading, and other document filed in, or submitted for filing in, the district court. The record must also include any previously prepared transcripts of the proceedings in the district court. If the Supreme Court or Court of Appeals should determine that additional transcripts are necessary to its review, the court may order the reporter or recorder who recorded the proceedings to prepare and file the transcripts.

(b) Duty of Clerk to Certify and Forward the Record. The district court clerk must certify and forward the record to the clerk of the Supreme Court. The district court clerk must indicate, by endorsement on the face of the record or otherwise, the date upon which it is forwarded to the clerk of the Supreme Court.

(c) Time for Forwarding the Record. The district court record must be forwarded within the time allowed by the court, unless the time is extended by an order entered under Rule 11(d).

(d) Failure of Timely Transmittal; Extensions.

(1) Failure of Timely Transmittal. A district court clerk who fails to forward a timely record on appeal without sufficient excuse may be subject to sanctions.

(2) Extension of Time; Supporting Documentation and Affidavits. If the district court clerk cannot timely forward the record, the clerk must seek an extension of time from the requesting court. The district court clerk may request by telephone a 14-day extension of time to transmit the record. If good cause is shown, the clerk of the Supreme Court may grant the request by telephone. Any additional request for an extension of time to transmit the record must be sought by filing a written motion with the clerk of the Supreme Court and must be accompanied by a declaration of the district court clerk or deputy clerk setting forth the reasons for the requested extension, and the length of additional time needed to prepare the record.

RULE 12. DOCKETING THE APPEAL; FILING OF THE RECORD

(a) Docketing the Appeal. Upon receiving the copies of the notice of appeal and other documents from the district court clerk under Rule 3, the clerk of the Supreme Court will docket the appeal and immediately notify all parties of the docketing date. Automatic appeals from a judgment of conviction of death will be docketed in accordance with SCR 250. If parties on opposing sides file notices of appeal from the same district court judgment or order, in accordance with Rule 4(a), the appellants and cross-appellants will be designated as provided in Rule 28.1. A subsequent appeal will 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 the Record. Upon receiving the record, the clerk of the Supreme Court will file it and immediately notify all parties of the filing date.

RULE 12A. REMAND AFTER AN INDICATIVE RULING BY
THE DISTRICT COURT ON A MOTION FOR RELIEF
THAT IS BARRED BY A PENDING APPEAL

(a) Notice to the Appellate Court. If a timely motion is made in the district court for relief that it lacks authority to grant because of an appeal that has been docketed and is pending, the movant must promptly notify the clerk of the Supreme Court if the district court states either that it would grant the motion or that the motion raises a substantial issue.

(b) Remand After an Indicative Ruling. If the district court states that it would grant the motion or that the motion raises a substantial issue, the Supreme Court or the Court of Appeals may remand for further proceedings, but the appellate court retains jurisdiction unless it expressly dismisses the appeal. If the appellate court remands but retains jurisdiction, the parties must promptly notify the clerk of the Supreme Court when the district court has decided the motion on remand.

RULE 13. COURT REPORTERS’ AND RECORDERS’ DUTIES
AND OBLIGATIONS; SANCTIONS

(a) Court Reporters’ and Recorders’ Duties and Obligations. A person serving as a court reporter or reporter pro tempore or court recorder in trials, proceedings, or hearings subject to court review is, for such purposes, an officer of the Supreme Court, and as such is accountable to the Supreme Court for the faithful performance of their duties and obligations. Subject to the provisions of Rule 9, such person has a duty to expeditiously prepare, and punctually 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 must promptly notify every affected judge of the reporter’s or recorder’s consequent unavailability to report matters currently being heard, so that substitute reporters pro tempore or court recorders may be obtained.

(b) Sanctions. For default in the professional obligations of any court reporter or reporter pro tempore or court recorder, if such default threatens or adversely affects the efficiency or integrity of the court, appropriate sanctions may be imposed. The court may, for reasons stated, enter an order (1) referring an apparent offending court reporter or reporter pro tempore to the certified court reporters’ board of Nevada for disciplinary action in accordance with the provisions of NRS Chapter 656; or (2) requiring an apparent offender to appear before the court, or its designated master, to show cause why the court reporter or recorder should not be precluded from undertaking to act as a reporter or recorder in regard to any trial, proceeding, administrative hearing, or deposition that is subject to court review; why the court reporter or recorder 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.

RULE 14. DOCKETING STATEMENT

(a) Application and Purpose of Docketing Statement.

(1) In General. Each appellant must file a completed docketing statement in accordance with the provisions of this Rule. Unless a cross-appeal is filed, the respondent must not file a docketing statement but may file a response as specified in Rule 14(f).

(2) Exceptions.

(A) Original Writ Proceedings. This Rule does not apply to original proceedings commenced pursuant to NRS Chapters 34 or 35.

(B) Postconviction Appeals. This Rule does not apply to postconviction appeals in which the appellant is appearing without counsel.

(3) Purpose of Docketing Statement. The purpose of the docketing statement is to assist the Supreme Court in identifying jurisdictional defects, identifying issues on appeal, assessing assignment to the Court of Appeals under Rule 17, scheduling cases for oral argument and settlement conferences, classifying cases for expedited treatment, and compiling statistical information.

(4) Statement of Issues on Appeal. A docketing statement must state specifically all issues that a party in good faith reasonably believes to be the issues on appeal. The statement of issues is instrumental to the court’s case management procedures; however, such statement is not binding on the court, and the parties’ briefs will determine the issues on appeal. Omission of an issue from the statement of issues will not provide an appropriate basis for a motion to strike any portion of the opening brief.

(b) Time for Filing; Form of Docketing Statement. Within 21 days after docketing of the appeal under Rule 12, the appellant must file a docketing statement with the clerk of the Supreme Court, on the Docketing Statement Form that is provided by the clerk or available on the Nevada Supreme Court website. Legible copies of the original form provided by the clerk will be accepted by the clerk for filing in lieu of the original form. The appellant may file a docketing statement that is not on the form provided by the clerk so long as it contains every question included in the clerk’s form. The docketing statement must be filed, together with proof of service of a copy of the completed statement on all parties and, if the appeal is assigned to the settlement conference program under Rule 16, on the settlement judge.

(c) Consequences of Failure to Comply. The docketing statement must be completed fully and accurately. For civil appeals, copies of all requested documents must be attached to the completed docketing statement. The court may impose sanctions on counsel or the 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 will not affect the validity of the appeal, but is grounds for such action as the court deems appropriate including sanctions and dismissal of the appeal.

(d) Extensions of Time. Any extension of time must be sought in accordance with Rule 26(b).

(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). Therespondent, within 7 days after service of the docketing statement, may file a single-page response, together with proof of service on all parties, if the respondent strongly disagrees with the appellant’s statement of the case or issues on appeal. If the respondent believes there is a jurisdictional defect, the 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, must comply with Rule 14(a). Cross-appellants and cross-respondents are subject to all the provisions of this Rule as are appellants and respondents.

RULE 15. REPEALED

[EFFECTIVE DECEMBER 30, 1997]

RULE 16. SETTLEMENT CONFERENCES IN CIVIL APPEALS

(a) Applicability.

(1) Except as provided in Rule 16(a)(2), any civil appeal in which all parties are represented by counsel may be assigned to the settlement conference program.

(2) Unless the court otherwise orders, an appeal is not subject to this Rule if the appeal involves:

(A) termination of parental rights; or

(B) child custody, guardianship of minors, parenting time, visitation, or relocation of a minor.

(3) In appeals involving issues listed in Rule 16(a)(2)(B), either party may file a motion to opt into the settlement conference program. Such motion must be filed within 7 days of the docketing of the appeal or the appearance of counsel for a previously self-represented party. Any opposition must be filed within 7 days of service of the motion to opt in and must include a statement that the party believes there is no reasonable possibility of settlement. Unopposed motions filed under this Rule will be granted.

(b) Assignment of Case to Settlement Conference Program. The settlement conference program administrator will determine whether to assign an appeal to the settlement conference program. The settlement conference will be presided over by a qualified mediator who has been appointed as a settlement judge by the Supreme Court. The parties may file a motion or stipulation to proceed with a private mediator who is hired by the parties. Any such motion must identify the mediator the parties wish to use and demonstrate that the mediator possesses the requisite qualifications to act as a mediator.

(1) Referral Notice; Suspension of Rules. The clerk will issue a referral notice informing the parties that the appeal may be assigned to the settlement conference program. The referral notice automatically stays the time for filing a request for transcripts and for filing briefs. The notice also stays the preparation and filing of any transcripts requested. The time for filing a docketing statement is not stayed.

(2) Assignment Notice. Upon assignment, the clerk of the Supreme Court will issue an assignment notice informing the parties that a case has been assigned to the settlement conference program and identifying the name of the settlement judge.

(c) Early Case Assessment. The settlement judge must conduct a pre-mediation telephonic or video conference with counsel and file an Early Case Assessment Report within 30 days of assignment. In that report, the settlement judge must 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 and briefing.

(d) Scheduling of Settlement Conference. Unless the Supreme Court removes the case from the settlement conference program or grants an extension of time, the settlement judge must hold an initial settlement conference within 120 days of assignment. If the appeal is subject to the provisions of Rule 3E, the initial settlement conference must be held within 45 days of assignment.

(e) Settlement Statement.

(1) Each party to the appeal must submit a settlement statement directly to the settlement judge within 14 days from the date of the clerk’s assignment notice, unless otherwise directed by the settlement judge. A settlement statement must not be filed with the Supreme Court. Sections 1-4 of the settlement statement must be served on the settlement judge and counsel for all other parties. Sections 5-10 must only be served on the settlement judge.

(2) A settlement statement is limited to 4,667 words, unless otherwise directed by the settlement judge, and must concisely state: (1) relevant facts and procedural history; (2) legal issues and arguments related to this dispute; (3) past settlement discussions; (4) names and representative capacities of attendees; (5) goals and interests of the party filing the settlement statement; (6) the weakest points of the party’s position on appeal; (7) a settlement proposal that the party believes would be fair or would be willing to make in order to conclude the matter; (8) perceived goals and interests of the other parties; (9) obstacles to settlement and proposals to overcoming them; and (10) any other matters requested by the settlement judge or that may assist the settlement judge in conducting the settlement conference. The Settlement Statement Form on the Nevada Supreme Court website is a suggested form of a settlement statement.

(f) Service. Papers or documents filed with the Supreme Court while a case is in the settlement program must be served on all parties and the settlement judge.

(g) Settlement Conference. The settlement conference will 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. Participants may request to appear by video conference within 14 days of the settlement conference, which the settlement judge may allow for good cause.

(2) Agenda. The agenda for the settlement conference and the sequence of presentation will 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. The settlement judge must file a settlement conference status report within 3 days of any settlement conference in appeals subject to the provisions of Rule 3E and within 14 days of any settlement conference in all other appeals. The report must state the result of the settlement conference but must not disclose any matters discussed at the conference.

(4) Settlement Documents. If a settlement is reached, the parties must promptly execute a stipulation to dismiss the appeal and file the stipulation to dismiss with the clerk of the Supreme Court. The parties must also execute a signed settlement agreement that reduces the material terms of the settlement to writing and contains an acknowledgment that the parties have agreed to the terms. The settlement agreement must not be filed with the Supreme Court.

(h) Length of Time in Settlement Conference Program.

(1) Time Limits. For appeals subject to the provisions in Rule 3E, the settlement judge must file a final settlement conference status report within 120 days of assignment that indicates whether the parties were able to agree to a settlement. In all other appeals, a final settlement conference status report must be filed within 180 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 appeals subject to the provisions of Rule 3E, the time may be extended for an additional 60 days. In all other appeals, the time may be extended for an additional 90 days.

(i) Confidentiality. All participants must sign a confidentiality agreement prior to commencement of the settlement conference.Papers or documents prepared by counsel or a settlement judge in furtherance of a settlement conference, excluding the settlement conference status report and stipulation or motion to dismiss appeal, must not be available for public inspection or submitted to or considered by the Supreme Court or Court of Appeals. Aside from the terms of a settlement reached, matters discussed at the settlement conference and papers or documents prepared under this Rule are not admissible in evidence in any judicial proceeding and are not subject to discovery.

(j) 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 fees and costs of the opposing party, dismissal of the appeal, or reversal of the judgment below.

Advisory committee NOTE.

Rule 16 was reorganized and amended in several respects. New subdivision (a) exempts appeals under Rule 3E involving children from the settlement program, unless the parties to the Rule 3E appeal opt into the program. Subdivision (b) adds language that permits parties to hire a private mediator for the settlement proceedings, while subdivision (g) now permits appearance by video with permission of the settlement judge and on good cause shown. Subdivision (g)(4) revises the requirements for documenting settlements. If a settlement agreement requires dismissal of the underlying proceeding, NRAP 12A and NRCP 62.1 may facilitate the process.

RULE 17. DIVISION OF CASES BETWEEN THE SUPREME COURT AND THE COURT OF APPEALS

(a) Cases Retained by the Supreme Court. The Supreme Court shall hear and decide the following:

(1) All death penalty cases;

(2) Cases involving ballot or election questions;

(3) Cases involving judicial discipline;

(4) Cases involving attorney admission, suspension, discipline, disability, reinstatement, and resignation;

(5) Cases involving the approval of prepaid legal service plans;

(6) Questions of law certified under Rule 5;

(7) Disputes between branches of government or local governments;

(8) Administrative agency cases involving tax, water, or public utilities commission determinations;

(9) Cases originating in business court;

(10) Cases involving the termination of parental rights;

(11) Cases involving juvenile certifications under NRS 62B.390; and

(12) Matters raising as a principal issue an inconsistency in the decisions of the Court of Appeals or of the Supreme Court or a conflict between decisions of the two courts.

(b) Cases Assigned to Court of Appeals. The Court of Appeals shall hear and decide those matters assigned to it by the Supreme Court and those matters within its original jurisdiction. Except as provided in Rule 17(a), the Supreme Court may assign to the Court of Appeals any case filed in the Supreme Court. The following case categories are presumptively assigned to the Court of Appeals:

(1) Appeals from a judgment of conviction based on a plea of guilty, guilty but mentally ill, or nolo contendere (Alford);

(2) Appeals from a judgment of conviction based on a jury verdict that:

(A) do not involve a conviction for any offenses that are category A or B felonies; or

(B) challenge only the sentence imposed and/or the sufficiency of the evidence;

(3) Postconviction appeals that involve a challenge to a judgment of conviction or sentence for offenses that are not category A felonies;

(4) Postconviction appeals that involve a challenge to the computation of time served under a judgment of conviction, a motion to correct an illegal sentence, or a motion to modify a sentence;

(5) Appeals from a judgment in a tort case awarding damages, exclusive of interest, attorney fees, and costs, of between $1 and $250,000;

(6) Cases involving a contract dispute where the amount in controversy is less than $150,000;

(7) Appeals from post-judgment orders in civil cases;

(8) Cases involving statutory lien matters under NRS Chapter 108;

(9) Administrative agency cases except those involving tax, water, or public utilities commission determinations;

(10) Cases involving family law matters other than termination of parental rights, including:

(A) Cases involving domestic relations under NRS Title 11;

(B) Cases involving adult and minor guardianship under NRS Title 13; and

(11) Cases involving juvenile justice under NRS Title 5 other than juvenile certifications under NRS 62B.390;

(12) Appeals challenging venue;

(13) Cases challenging the grant or denial of injunctive relief;

(14) Pretrial writ proceedings challenging discovery orders or orders resolving motions in limine;

(15) Cases involving trust and estate matters in which the corpus has a value of less than the applicable federal estate tax exemption amount; and

(16) Cases arising from the foreclosure mediation program.

(c) Consideration of Workload. In assigning cases to the Court of Appeals, due regard will be given to the workload of each court.

(d) Routing Statements; Factors Supporting Assignment to Supreme Court; Finality.

(1) A party must include a routing statement in its principal brief or writ petition, setting forth whether the matter is retained by the Supreme Court under Rule 17(a) or presumptively assigned to the Court of Appeals under Rule 17(b), citing the subparagraph(s) under which the matter falls. If the matter does not fall under Rule 17(a) or (b), the party may state that no Rule 17 category applies.

(2) Except for matters retained by the Supreme Court under Rule 17(a), a party may request retention by the Supreme Court, or assignment to the Court of Appeals, in the routing statement. A request for retention by the Supreme Court must identify the issue that supports retention and include citations to the record where the issue was raised and resolved and an explanation of the importance of the issue. Matters that may be appropriate for retention in the Supreme Court include:

(A) Matters raising as a principal issue a question of first impression;

(B) Matters raising as a principal issue a question of law regarding the validity of a statute, ordinance, court rule, or administrative rule or regulation;

(D) Matters raising as a principal issue a question of statewide public importance that has application beyond the parties.

(3) A party may not file a motion or other pleading seeking reassignment of a case that the Supreme Court has assigned to the Court of Appeals.

(e) Transfer and Notice. Upon the transfer of a case to the Court of Appeals, the clerk will issue a notice to the parties. With the exception of a petition for Supreme Court review under Rule 40B, any pleadings in a case after it has been transferred to the Court of Appeals must be entitled “In the Court of Appeals of the State of Nevada.”

RULE 18. RESERVED

RULE 19. RESERVED

RULE 20. RESERVED

EXTRAORDINARY WRITS

RULE 21. WRITS OF MANDAMUS AND PROHIBITION
AND OTHER EXTRAORDINARY WRITS

(a) Mandamus or Prohibition: Petition for Writ; Service and Filing.

(1) Filing and Service. A party petitioning for a writ of mandamus or prohibition must file a petition with the clerk of the Supreme Court with proof of service on the respondent judge, corporation, commission, board, or officer and on each real party in interest. A petition directed to a court must also be accompanied by a notice of the filing of the petition, which must be served on all parties to the proceeding in that court.

(2) Caption. The petition must include in the caption: the name of each petitioner; the name of the appropriate judicial officer, public tribunal, corporation, commission, board, or person to whom the writ is directed as the respondent; and the name of each real party in interest, if any.

(3) Contents of Petition. The petition must include:

(A) a routing statement that contains the information required by Rule 17(d), including whether the matter must or should be retained by the Supreme Court or should be assigned to the Court of Appeals;

(B) a statement of the relief sought;

(D) a statement of the facts necessary to understand the issues presented by the petition; and

(E) a statement of the reasons why the writ should issue, including points and legal authorities.

(4) Appendix and Record. The petitioner must submit with the petition an appendix that complies with Rule 30. Rule 30(i), which prohibits pro se parties from filing an appendix, does not apply to a petition for relief filed under this Rule and thus pro se writ petitions must be accompanied by an appendix as required by this Rule. The appendix must include a copy of any order or opinion, parts of the record before the respondent judge, corporation, commission, board, or officer, or any other original document that may be essential to understand the matters set forth in the petition. In petitions arising from the district court, the appendix must also comply with Rule 10.

(5) Verification. A petition for an extraordinary writ must be verified by the affidavit or declaration of the petitioner or, if the petitioner is unable to verify the petition or the facts stated therein are within the knowledge of the petitioner’s attorney, by the affidavit or declaration of the attorney. The affidavit or declaration must be filed with the petition.

(6) Emergency Petitions. A petition that requests the court to grant relief in less than 14 days must also comply with the requirements of Rule 27(e).

(b) Denial; Order Directing Answer.

(1) The court may deny the petition without an answer. Otherwise, it may order the respondent or real party in interest to answer within a fixed time.

(2) Two or more respondents or real parties in interest may answer jointly.

(3) The court may invite an amicus curiae to address the petition.

(4) In extraordinary circumstances, the court may invite the trial court judge to address the petition.

(c) Other Extraordinary Writs. An application for an extraordinary writ other than one provided for in Rule 21(a) must be made by filing a petition with the clerk of the Supreme Court with proof of service on the parties named as respondents and any real party in interest. Proceedings on the application must conform, so far as is practicable, to the procedure prescribed in Rule 21(a) and (b).

(d) Form of Papers; Length. All papers must conform to Rule 32(c)(2). A petition is acceptable if it contains no more than15 pages or 7,000 words as computed under Rule 32(a)(7)(C) or the court grants leave to file a longer petition. Unless the court directs otherwise, the same page and type-volume limitations apply to any answer, reply, or amicus brief allowed by the court. A motion to exceed the page or type-volume limitation in this Rule must comply with Rule 32(a)(7)(D).

(e) Certificate of Compliance. A petition filed under this Rule and any answer, reply, or amicus brief allowed by the court must include a certificate of compliance that comports with Rule 32(a)(9).

(f) Disclosure Statement. A petition and any answer thereto must be accompanied by the disclosure statement required by Rule 26.1.

(g) Payment of Fees. The court will not consider any application for an extraordinary writ until the petition has been filed; and the clerk will receive no petition for filing until the $250 fee has been paid, unless the applicant is exempt from payment of fees, or the court or a justice or judge thereof orders waiver of the fee for good cause shown.

advisory committee NOTE.

The amendment to subdivision (a)(4) clarifies that the appendix must comply with Rule 10 when the petition arises from the district court.

HABEAS CORPUS; PROCEEDINGS IN FORMA PAUPERIS

RULE 22. HABEAS CORPUS PROCEEDINGS

Application for the Original Writ. An application for an original writ of habeas corpus should be made to the appropriate district court. If an application is made to the district court and denied, the proper remedy is by appeal from the district court’s order denying the application.

RULE 23. CUSTODY OR RELEASE OF A PRISONER
IN A HABEAS CORPUS PROCEEDING

(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, the person having custody of the prisoner must not transfer custody to another unless a transfer is directed in accordance with this Rule and NRS 174.325. When, upon application, a custodian shows the need for a transfer, the court, justice, or judge rendering the decision under review may authorize the transfer and substitute the successor custodian as a party.

(b) Detention or Release Pending Review of Decision Not to Release. While a decision not to release a prisoner is under review, the court or judge rendering the decision, or the Supreme Court or Court of Appeals or a justice or judge thereof, may order that the prisoner be:

(1) detained in the custody from which release is sought;

(2) detained in other appropriate custody; or

(3) released on personal recognizance, with or without surety.

(c) Release Pending Review of Decision Ordering Release. While a decision ordering the release of a prisoner is under review, the prisoner must—unless the court or judge rendering the decision, or the Supreme Court or Court of Appeals or a justice or judge thereof orders otherwise—be released on personal recognizance, with or without surety.

(d) Modification of the Initial Order on Custody. An initial order governing the prisoner’s custody or release, including any recognizance or surety, continues in effect pending review unless for special reasons shown to the Supreme Court or Court of Appeals or to a justice or judge thereof, the order is modified or an independent order regarding custody, release, or surety is issued.

RULE 24. PROCEEDINGS IN FORMA PAUPERIS

(a) Leave to Proceed on Appeal in Forma Pauperis.

(1) Motion in the District Court. Except as stated in Rule 24(a)(3) and (5)(b), a party to a district court action who desires to appeal in forma pauperis must file a motion in the district court. The party must attach an affidavit that:

(A) shows in detail the party’s inability to pay or to give security for fees and costs, as prescribed by the Affidavit in Support of Motion to Proceed in Forma Pauperis Form that is available on the Nevada Supreme Court website;

(B) claims an entitlement to redress; and

(2) Action on the Motion. If the district court grants the motion, the party may proceed on appeal without prepaying or giving security for fees and costs. If the district court denies the motion, it must state its reasons in writing.

(3) Prior Approval. A party who was permitted to proceed in forma pauperis in a civil district court action may proceed on appeal in forma pauperis without further authorization, unless the district court—before or after the notice of appeal is filed—certifies that the appeal is not taken in good faith or finds that the party is not otherwise entitled to proceed in forma pauperis and states in writing its reasons for the certification or finding.

(4) Notice of District Court’s Denial. The district court clerk must immediately notify the parties and the clerk of the Supreme Court when the district court does any of the following:

(A) denies a motion to proceed on appeal in forma pauperis;

(B) certifies that the appeal is not taken in good faith; or

(5) Motion in the Supreme Court or Court of Appeals. A party who desires to proceed on appeal in forma pauperis may file one of the following:

(A) a motion to proceed on appeal in forma pauperis in the court within 30 days after service of the notice prescribed in Rule 24(a)(4). The motion must include a copy of the affidavit filed in the district court and a copy of the district court’s statement of reasons for its action. If no affidavit was filed in the district court, the party must include the affidavit prescribed by Rule 24(a)(1); or

(B) in a civil appeal, a statement of legal aid eligibility providing that the party is a client of a program for legal aid as defined by NRS 12.015(8).

(b) Leave to Use Original Record. A party allowed to proceed on appeal in forma pauperis may request that the appeal be heard on the original record without reproducing any part.

GENERAL PROVISIONS

RULE 25. FILING AND SERVICE

(a) Filing.

(1) Filing With the Clerk. A paper required or permitted to be filed in the court must be filed with the clerk.

(2) Filing: Method and Timeliness.

(A) Nonelectronic Filing. A paper not filed electronically is timely filed if, on or before the last day for filing, it is:

(i) delivered to the clerk in person in Carson City;

(ii) mailed to the clerk at the Supreme Court of Nevada, 201 South Carson Street, Suite 201, Carson City, Nevada 89701-4702 by first-class mail, or other class of mail that is at least as expeditious, postage prepaid;

(iii) dispatched to a third-party commercial carrier for delivery to the clerk within 3 days;

(iv) deposited in the Supreme Court drop box as provided in Rule 25(a)(3); or

(v) transmitted directly to the clerk by facsimile transmission as provided in Rule 25(a)(4).

(B) Electronic Filing.

(i) By a Person Represented by an Attorney—Generally Required; Exceptions. A person represented by an attorney must file electronically, unless nonelectronic filing is allowed by the court for good cause.

(ii) By a Self-Represented Person. A self-represented person may, but is not required to, file electronically, in accordance with the clerk’s office procedures.

(iii) Timeliness. A paper is timely filed if, on or before the last day for filing, it is electronically transmitted to the court’s electronic filing system consistent with NEFCR 9. If technical failure prevents timely electronic filing of any paper, the filing party shall preserve documentation of the failure and seek appropriate relief from the court.

(iv) Same as a Written Paper. A paper filed electronically is a written paper for the purposes of these Rules.

(3) Clerk’s Drop Box.

(A) Papers Eligible for Drop Box Submission. Any paper required or permitted to be filed in the court may be submitted for filing by depositing the paper in the drop box located in the Las Vegas office of the clerk of the Supreme Court during the hours the Las Vegas office is open. Cash must not 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. Emergency filings are governed by Rule 27(e).

(C) Procedure. Before being placed in the drop box, a paper 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 paper is date and time stamped and deposited in the drop box. Stamping of copies submitted to the court is not required.

(D) Transmission of Papers to Carson City. A paper deposited in the drop box will be transmitted to the clerk’s office in Carson City and processed in accordance with these Rules.

(4) Filing by Facsimile Transmission. Papers may be received for filing by the clerk through facsimile 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 judge or the clerk. In all cases where a paper has been facsimile transmitted and filed under this Rule, the party who transmitted the paper for filing must file the original paper with the clerk, in the manner provided in Rule 25(a)(2)(A)(i)-(iii) or Rule 25(a)(2)(B), within 3 days of the date of the facsimile transmission. The original must be accompanied by proof of service on all parties as required by Rule 25(d). A copy of a paper filed by facsimile transmission must be served on all parties by facsimile transmission and as required by Rule 25(c) at the time the paper is filed with the court.

(5) Signing. All papers submitted to the court for filing by a represented party must include the signature of at least 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 papers submitted to this court for filing by self-represented parties must include the signature of the party and must state the party’s address and telephone number. A filing made through a person’s electronic-filing account and authorized by that person, together with that person’s name on a signature block, constitutes the person’s signature.

(b) Service of All Papers Required. Unless a rule requires service by the clerk, a party or person acting for that party must, at or before the time of filing a paper, serve a copy on the other parties to the appeal or review. Service on a party represented by counsel must be made on the party’s counsel.

(c) Manner of Service.

(1) Nonelectronic service may be any of the following:

(A) personal, including delivery to a responsible person at the office of counsel;

(B) by mail; or

(2) Electronic service of a paper may be made by:

(A) notice by electronic means to registered users of the court’s electronic filing system consistent with NEFCR 10; or

(B) other electronic means, if the party being served consents in writing.

(3) When reasonable, considering such factors as the immediacy of the relief sought, distance, and cost, service on a party must be by a manner at least as expeditious as the manner used to file the paper with the court.

(4) Service by mail or by commercial carrier is complete on mailing or delivery to the carrier. Service by electronic means under Rule 25(c)(2) is complete on filing or transmission, unless the party making service is notified that the paper was not received by the party served.

(d) Proof of Service.

(1) A paper presented for filing must contain either of the following if it was served other than through the court’s electronic filing system:

(A) an acknowledgment of service by the person served; or

(B) proof of service in the form of a statement by the person who made service certifying:

(i) the date and manner of service;

(ii) the names of the persons served; and

(iii) the mail or electronic addresses, facsimile numbers, or the addresses of the places of delivery, as appropriate for the manner of service.

(2) Proof of service may appear on or be affixed to the papers filed.

(e) Clerk’s Refusal of Papers. The clerk must not refuse to accept for filing any paper presented for that purpose solely because it is not presented in proper form as required by these Rules.

advisory committee NOTE.

This Rule has been stylistically revised to align with FRAP 25. Subdivision (a)(2)(B)(ii) now permits self-represented parties to file electronically, but the provisions for drop box and facsimile filing have also been retained, since parties still use them. Subdivision (e) is new. Modeled on FRAP 25(e)(4), Rule 25(e) prohibits the clerk from refusing to file any paper solely because it is not presented in proper form. The clerk’s office will still do a compliance check and notify the parties of any deficiency, but the deficient paper would be filed and be available to the court. It is up to the court to determine how to proceed if the deficiency is not corrected.

RULE 25A. COURT COMPOSITION AND QUORUM

(a) Supreme Court. 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 is four, and a quorum of the court sitting as a panel is two.

(b) Court of Appeals. The Court of Appeals consists of all three members of the court. A quorum of the court is two.

(c) Replacement Judge or Justice. A senior justice, senior Court of Appeals judge, or active district court judge may be assigned to sit in place of a justice or judge as provided by law.

(d) Argument Participation. Where a quorum of justices or judges is present for oral argument, any absent justice or judge assigned to hear the matter may participate in the decision and the opinion of the court upon the recording or transcript of the oral argument and the written briefs or points and authorities. In the absence of a quorum, on any day appointed for holding a session of the court, the justices or judges attending (or if no justices or judges are present, the clerk or a deputy clerk) may adjourn the court until there is a quorum.

advisory committee NOTE.

The amendments to this Rule are stylistic. They are meant to streamline the Rule by removing references to matters already governed by other rules and statutes.

RULE 26. COMPUTING AND EXTENDING TIME

(a) Computing Time. The following rules apply in computing any time period specified in these Rules, in any appellate court order, or in any statute that does not specify a method of computing time.

(1) Period Stated in Days or a Longer Unit. When the period is stated in days or a longer unit of time:

(A) exclude the day of the event that triggers the period;

(B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and

(C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.

(2) Period Stated in Hours. When the period is stated in hours:

(A) begin counting immediately on the occurrence of the event that triggers the period;

(B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and

(C) if the period would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday.

(3) Inaccessibility of the Clerk’s Office. Unless the court orders otherwise, if the clerk’s office is inaccessible:

(A) on the last day for filing under Rule 26(a)(1), then the time for filing is extended to the first accessible day that is not a Saturday, Sunday, or legal holiday; or

(B) during the last hour for filing under Rule 26(a)(2), then the time for filing is extended to the same time on the first accessible day that is not a Saturday, Sunday, or legal holiday.

(4) “Last Day” Defined. Unless a different time is set by a statute or court order, the last day ends:

(A) for electronic filing under the NEFCR, at 11:59 p.m. in the court’s local time;

(B) for filing under Rules 4(d) and 25(a)(2)(A)(ii) and (iii), at the latest time for the method chosen for delivery to the post office, third-party commercial carrier, or prison mailing system;

(C) for filing via the Supreme Court clerk’s drop box under Rule 25(a)(2)(A)(iv), when the Supreme Court building in Las Vegas is scheduled to close; and

(D) for filing by other means, when the clerk’s office is scheduled to close.

(5) “Next Day” Defined. The “next day” is determined by continuing to count forward when the period is measured after an event and backward when measured before an event.

(6) “Legal Holiday” Defined. “Legal holiday” means any day set aside as a legal holiday by NRS 236.015.

(b) Extending Time.

(1) By Court Order.

(A) Except as otherwise provided in these Rules, for good cause, the court may extend the time prescribed by these Rules or by its order to perform any act, or may permit an act to be done after that time expires. But the court may not extend the time to file a notice of appeal except as provided in Rule 4(c).

(B) Except as otherwise provided in these Rules, a party may, on or before the due date sought to be extended, request by telephone a single 14-day extension of time for performing any act except the filing of a notice of appeal. The clerk may grant such a request by telephone or by written order of the clerk. The grant of an extension of time to perform an act under this Rule will bar any further extensions of time to perform the same act unless the party files a written motion for an extension of time demonstrating extraordinary and compelling circumstances why a further extension of time is necessary.

(2) By Stipulation. Except as otherwise provided in these Rules, or when not otherwise controlled by statute, the time prescribed by these Rules to perform any act may be extended once for appellant(s) and once for respondent(s) by stipulation of the parties. No stipulation extending time is effective unless approved by the court or a justice or judge thereof; and such stipulations must be filed before expiration of the time period that is sought to be extended.

(c) Additional Time After Service. Except as provided in this Rule and Rule 40(c), 40A(c), and Rule 40B(c), when a party is required or permitted to act within a prescribed period after a paper is served on that party, 3 days are added to the prescribed period unless the paper is delivered on the date of service stated in the proof of service. For purposes of Rule 26(c), a paper that is served electronically is treated as delivered on the date of service stated in the proof of service. Specific due dates set by court order or acts required to be taken within a time period set forth in a court order are not subject to the additional 3-day allowance.

(d) Shortening Time. Except as otherwise provided in these Rules, or when not otherwise controlled by statute, the time prescribed by these Rules to perform any act may be shortened by stipulation of the parties, or by order of the court or a justice or judge.

RULE 26.1. DISCLOSURE STATEMENTS

(a) Who Must File Statement and Contents. Every nongovernmental corporation that is a party or amicus curiae to a proceeding in the court must file a statement identifying all its parent corporations and listing any publicly held company that owns 10% or more of the party’s stock or states that there is no such corporation. The statement must also disclose the names of all law firms whose attorneys have appeared for the party or amicus in the case (including proceedings in the district court or before an administrative agency) or are expected to appear in this court. If any litigant is using a pseudonym, the statement must disclose the litigant’s true name. A disclosure required by the preceding sentence will be kept under seal.

(b) Time to File; Supplemental Filing. A party must file the disclosure statement with the principal brief or upon filing a motion, response, petition, or answer in the court. Even if the party’s statement has already been filed, the party’s principal brief must include the statement before the table of contents. A party must supplement its statement whenever the information that must be disclosed under Rule 26.1(a) changes.

(c) Form. The certificate must be in the following form:

(1) Caption setting forth the name of the court, the title of the case, the case number, and the title “NRAP 26.1 Disclosure”;

(2) The undersigned counsel of record certifies that the following are persons and entities as described in NRAP 26.1(a), and must be disclosed. These representations are made in order that the judges of this court may evaluate possible disqualification or recusal.

(Here list names of all such persons and entities and identify
their connection and interest.)

Attorney of record for ..............................

RULE 27. MOTIONS

(a) In General.

(1) Application for Relief. An application for an order or other relief is made by motion unless these Rules prescribe another form. A motion must be in writing and be accompanied by proof of service.

(2) Contents of a Motion.

(A) Grounds and Relief Sought. A motion must state with particularity the grounds for the motion, the relief sought, and the legal argument necessary to support it.

(B) Accompanying Documents.

(i) Any affidavit, declaration, or other paper necessary to support a motion must be served and filed with the motion.

(ii) An affidavit or declaration must contain only factual information, not legal argument.

(iii) Except as otherwise provided in Rule 27(e), a motion seeking substantive relief must include as a separate exhibit a copy of the trial court’s or agency’s decision.

(C) Documents Barred or Not Required.

(i) A separate brief supporting or responding to a motion must not be filed.

(ii) A notice of motion is not required.

(iii) A proposed order is not required.

(3) Response.

(A) Time to File. Any party may file a response to a motion; Rule 27(a)(2) governs its contents. The response must be filed within 7 days after service of the motion unless the court shortens or extends the time. A motion authorized by Rules 8 or 41 may be granted before the 7-day period runs only if the court gives reasonable notice to the parties that it intends to act sooner.

(B) Request for Affirmative Relief. A response may include a motion for affirmative relief. The time to respond to the new motion, and to reply to that response, is governed by Rule 27(a)(3)(A) and (a)(4). The title of the response must alert the court to the request for relief.

(4) Reply to Response. Any reply to a response must be filed within 7 days after service of the response. A reply must not present matters that do not relate to the response.

(b) Disposition of a Motion for a Procedural Order. The court may act on a motion for a procedural order—including a motion under Rule 26(b)—at any time without awaiting a response, and may, by rule or by order in a particular case, authorize its clerk to act on specified types of procedural motions. A party adversely affected by the court’s, or the clerk’s, action may file a motion to reconsider, vacate, or modify that action. Timely opposition filed after the motion is granted in whole or in part does not constitute a request to reconsider, vacate, or modify the disposition; a motion requesting that relief must be filed.

(c) Power of a Single Justice or Judge to Entertain Motions; Delegation of Authority to Entertain Motions.

(1) Authority of the Court of Appeals to Entertain Motions. The Court of Appeals and its judges may entertain motions in appeals or matters that the Supreme Court has transferred to that court.

(2) Order of a Single Justice or Judge.

(A) In addition to the authority expressly conferred by these Rules or by law, a justice or judge of the Supreme Court or Court of Appeals may act alone on any motion but may not dismiss or otherwise determine an appeal or other proceeding. The Supreme Court or Court of Appeals may provide by rule or by order in a particular case that only the Supreme Court or Court of Appeals may act on any motion or class of motions.

(B) The court may review the action of a single justice or judge. A ruling on a motion or other interlocutory matter, whether entered by a single judge or justice, is not binding upon the panel or full court to which the appeal is assigned on the merits, and the court considering the merits may alter, amend, or vacate it.

(3) Authority of Clerk to Enter Orders of Dismissal. The Supreme Court or Court of Appeals may delegate to the clerk authority to enter orders of dismissal in civil cases where the appellant has filed a motion or parties to an appeal or other proceeding have signed and filed a stipulation that the proceeding be dismissed.

(d) Form of Papers.

(1) Format.

(A) Reproduction. All papers relating to motions may be reproduced by any process that yields a clear black image of letter quality. The paper must be opaque and unglazed. Only one side of the paper may be used.

(B) Cover. A cover is not required, but there must be a caption that includes the name of the court and the docket number, the title of the case, and a brief descriptive title indicating the purpose of the motion and identifying the party or parties for whom it is filed. The cover page shall leave room in the upper right quadrant for the file stamp.

(C) Binding. The document must be bound in any manner that is secure, does not obscure the text, and permits the document to lie reasonably flat when open.

(D) Paper Size, Line Spacing, and Margins. The document must be on 8 1/2 by 11-inch paper. The text must be double-spaced, but quotations more than 2 lines long may be indented and single-spaced. Headings and footnotes may be single-spaced. Margins must be at least 1 inch on all 4 sides. The pages must be consecutively numbered at the bottom.

(E) Typeface and Type Style. The document must comply with the typeface requirements of Rule 32(a)(5) and the type-style requirements of Rule 32(a)(6).

(F) Self-Represented Inmates. A pro se party who is incarcerated or detained in a state prison or county jail or other facility may file documents under this Rule that are legibly handwritten in black or blue ink and that otherwise conform to the requirements of this Rule. Handwritten documents are not otherwise permitted without leave of the court.

(G) Exhibits. When multiple exhibits are submitted in support of a motion, response, or reply, all exhibit pages must be consecutively numbered at the bottom of each page and any citation to an exhibit must reference these page numbers.

(2) Length. Except by the court’s permission, and excluding the accompanying documents authorized by Rule 27(a)(2)(B):

(A) a motion or response to a motion produced using a computer is acceptable if it contains no more than 10 pages or 4,667 words;

(B) a handwritten or typewritten motion or response to a motion is acceptable if it contains no more than 10 pages;

(C) a reply produced using a computer is acceptable if it contains no more than 5 pages or one-half of the type-volume limitation for a motion; and

(D) a handwritten or typewritten reply to a response is acceptable if it contains no more than 5 pages.

ÊMotions that exceed the page limit must include a certificate stating the number of words in the motion.

(e) Emergency Motions. If a movant certifies that to avoid irreparable harm relief is needed in less than 14 days, the motion will be governed by the following requirements:

(1) Before filing the motion, the movant must make every practicable effort to notify the clerk of the Supreme Court, opposing counsel, and any opposing parties proceeding without counsel and to serve the motion at the earliest possible time. If an emergency motion is not filed at the earliest possible time, the court may summarily deny the motion.

(2) A motion filed under Rule 27(e) must include the title “Emergency Motion Under NRAP 27(e)” immediately below the caption of the case and a statement immediately below the title of the motion that states the date or event by which action is necessary.

(3) A motion filed under Rule 27(e) must be accompanied by the following:

(A) The relevant parts of the record including the order or decision from which relief is sought, if any; if the order or decision is unavailable, a copy of the transcript of proceedings is preferred but the movant’s or counsel’s statement of the reasons given by the district court will suffice until a copy of the order or decision is available. The movant’s or counsel’s statement must be included in the certificate required by Rule 27(e)(3)(B).

(B) A certificate of the movant or the movant’s counsel, if any, entitled “NRAP 27(e) Certificate,” that contains the following information:

(i) The telephone numbers and office addresses of the attorneys for the parties and the telephone numbers and addresses for any pro se parties;

(ii) Facts showing the existence and nature of the claimed emergency; and

(iii) When and how counsel for the other parties and any pro se parties were notified and whether they have been served with the motion; or, if not notified and served, why that was not done.

(4) If the relief sought in the motion was available in the district court, the motion must state whether all grounds advanced in support of the motion in the court were submitted to the district court, and, if not, why the motion should not be denied.

(5) The motion must otherwise comply with the provisions of this Rule.

(f) Oral Argument. A motion will be decided without oral argument unless the court orders otherwise.

RULE 28. BRIEFS

(a) Appellant’s Brief. Except as provided in Rule 28(k), the appellant’s brief must be entitled “Appellant’s Opening Brief” and must contain under appropriate headings and in the order indicated:

(1) a disclosure that complies with Rule 26.1;

(2) a table of contents, with page references;

(3) a table of authorities—cases (alphabetically arranged), statutes, and other authorities—with references to the pages of the brief where they are cited;

(4) a jurisdictional statement, including:

(A) the basis for appellate jurisdiction;

(B) the filing dates establishing the timeliness of the appeal; and

(C) an assertion that the appeal is from a final order or judgment, or information establishing appellate jurisdiction on some other basis.

(5) a routing statement that contains the information required by Rule 17(d), including whether the matter must or should be retained by the Supreme Court or should be assigned to the Court of Appeals;

(6) a statement of the issues presented for review;

(7) a concise statement of the case setting out the facts relevant to the issues submitted for review, describing the relevant procedural history, and identifying the rulings presented for review, with appropriate references to the record (see Rule 28(e));

(8) a summary of the argument, which must contain a succinct, clear, and accurate statement of the arguments made in the body of the brief and which must not merely repeat the argument headings;

(9) the argument, which must contain:

(A) appellant’s contentions and the reasons for them, with citations to the authorities and parts of the record on which the appellant relies; and

(B) for each issue, a concise statement of the applicable standard of review (which may appear in the discussion of the issue or under a separate heading placed before the discussion of the issues);

(10) a short conclusion stating the precise relief sought; and

(11) a certificate that complies with Rule 32(a)(9).

(b) Respondent’s Brief. The respondent’s brief must be entitled “Respondent’s Answering Brief” and must conform to the requirements of Rule 28(a)(1)-(9) and (11), except that none of the following need appear unless the respondent is dissatisfied with the appellant’s statement:

(1) the jurisdictional statement;

(2) the routing statement;

(3) the statement of the issues;

(4) the statement of the case; and

(5) the statement of the standard of review.

(c) Reply Brief. The appellant may file a brief in reply to the respondent’s answering brief that must be entitled “Appellant’s Reply Brief.” A reply brief must comply with Rule 28(a)(1)-(2) and (9) and must be limited to answering any new matter set forth in the opposing brief. Unless the court permits, no further briefs may be filed. A party may waive the right to file a reply brief. Providing the clerk with immediate notice of that waiver will expedite submission of the case to the court.

(d) References in Briefs to Parties. In briefs and at oral argument, parties should minimize references to parties by such designations as “appellant” and “respondent.” To make briefs clear, use the parties’ actual names, the designations used in the lower court, or descriptive terms such as “the employee” or “the injured person.”

(e) References in Briefs to the Record.

(1) Except as provided in Rule 28(e)(3), every assertion in briefs regarding matters in the record must be supported by a reference to the page and volume number, if any, of the appendix where the matter relied on is to be found. A party referring to evidence whose admissibility is in controversy must cite the pages of the appendix or of the transcript at which the evidence was identified, offered, and received or rejected.

(2) Parties must not incorporate by reference briefs or memoranda of law submitted to the district court or refer the Supreme Court or Court of Appeals to such briefs or memoranda for the arguments on the merits of the appeal.

(3) A pro se party is not permitted to file an appendix under Rule 30(i), and therefore is not required to comply with Rule 28(e)(1). Pro se parties are encouraged to support assertions in briefs regarding matters in the record by providing citations to the appropriate pages and volume numbers of the district court record.

(f) Reproductions of Constitutional Provisions, Statutes, Rules, Regulations, or Similar Materials. If the court’s determination of the issues presented requires the study of constitutional provisions, statutes, rules, regulations, or similar materials, the relevant parts must 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. See Rule 32(a)(7) for provisions regarding the length of briefs.

(h) Sanctions for Inadequate Briefs. All briefs under this Rule must be concise, presented with accuracy, logically arranged with proper headings and free from burdensome, irrelevant, immaterial, or scandalous matters. Briefs that are not in compliance may be disregarded or stricken, on motion or sua sponte by the court, and the court may assess attorney fees or other monetary sanctions.

(i) Briefs in a Case Involving Multiple Appellants or Respondents. In a case involving more than one appellant or respondent, including consolidated cases, any number of appellants or respondents may join in a single brief, and any party may adopt by reference a part of another’s brief. Parties may similarly join in reply briefs.

(j) Supplemental Authorities. If pertinent and significant authorities come to a party’s attention after the party’s brief has been filed—or after oral argument but before a decision—a party may promptly advise the court by filing and serving a notice of supplemental authorities, setting forth the citations. The notice must refer either to the page of a brief or to a point argued orally. The notice must further state concisely and without argument the legal proposition for which each supplemental authority is cited. Any response must be made promptly and must be similarly limited.

(k) Briefs by Pro Se Appellants. Appellants proceeding without assistance of counsel may file the form brief provided by the clerk of the Supreme Court in lieu of the brief described in Rule 28(a). If an appellant uses the informal brief form, the optional reply brief need not comply with the technical requirements of Rule 28(c) or Rule 32(a).

advisory committee NOTE.

Rule 28 is amended to conform to amendments in Rule 17 (routing statement) and Rule 32(a)(9) (certificate of compliance, replacing former Rule 28.2). Instead of a separate statement of the case and statement of the facts, subdivision (b)(7) combines the two into a single section under the heading “statement of the case,” as is the practice in federal court under FRAP 28(a)(6). The provision for sanctions has been moved to subdivision (h). Supplemental authorities, formerly addressed in Rule 31(e), now appear in Rule 28(j), in parallel with FRAP 28(j).

RULE 28.1. CROSS-APPEALS

(a) Applicability. This Rule applies to a case in which a cross-appeal is filed. Rules 28(a)-(c), 31(a), 32(a)(2), and 32(a)(7)(A)-(B) do not apply to such a case, except as otherwise provided in this Rule.

(b) Designation of Appellant. The party who files a notice of appeal first is the appellant for all purposes. If the notices are filed on the same day, the plaintiff in the proceeding below is the appellant. These designations may be modified by the parties’ agreement or by court order.

(c) Briefs. In a case involving a cross-appeal:

(1) Appellant’s Opening Brief on Appeal. The appellant must file an opening brief in the appeal. That brief must comply with Rule 28(a).

(2) Respondent’s Answering Brief on Appeal and Opening Brief on Cross-Appeal. The respondent must file a combined answering brief on appeal and opening brief on cross-appeal. That brief must comply with Rule 28(a), except that the brief need not include a statement of the case unless the respondent is dissatisfied with the appellant’s statement.

(3) Appellant’s Reply Brief on Appeal and Answering Brief on Cross-Appeal. The appellant must file a brief that responds to the opening brief in the cross-appeal and may, in the same brief, reply to the response in the appeal. That brief must comply with Rule 28(a)(1)-(9) and (11), except that none of the following need appear unless the appellant is dissatisfied with the respondent’s statement in the cross-appeal:

(A) the jurisdictional statement;

(B) the routing statement;

(D) the statement of the case; and

(E) the statement of the standard of review.

(4) Respondent’s Reply Brief on Cross-Appeal. The respondent may file a brief in reply to the response in the cross-appeal. That brief must comply with Rule 28(a)(1)-(2) and (11) and must be limited to the issues presented by the cross-appeal.

(5) No Further Briefs. Unless the court permits, no further briefs may be filed in a case involving a cross-appeal.

(d) Cover. The front cover of a brief must contain the information required by Rule 32(a)(2) and shall leave room in the upper right quadrant for the file stamp.

(e) Length.

(1) Opening Brief or Combined Reply/Answering Brief. The appellant’s opening brief or the appellant’s combined reply/answering brief is acceptable if it complies with the page or type-volume limitation for an opening brief under Rule 32(a)(7).

(2) Combined Answering Brief/Opening Brief. In a noncapital case, the respondent’s combined answering and opening brief is acceptable if it does not exceed 40 pages, contains no more than 18,668 words or, if it uses a monospaced typeface, contains no more than 1,732 lines of text. In a capital case, these limitations are 100 pages, 46,670 words, or 4,330 lines of text.

(3) Reply Brief. The respondent’s reply brief is acceptable if it complies with the page or type-volume limitation for a reply brief under Rule 32(a)(7).

(f) Time to Serve and File a Brief. Unless the court orders a different briefing schedule in a particular case, briefs in cross-appeals must be served and filed as provided in this Rule. Motions for extensions of time are governed by Rule 31(b).

(1) All Cross-Appeals Except Child Custody and Termination of Parental Rights Cases. The appellant’s opening brief must be filed and served within 120 days after the date on which the appeal is docketed in the Supreme Court. All subsequent briefs must be filed and served within 30 days of service of the opposing party’s brief.

(2) Cross-Appeals in Child Custody or Termination of Parental Rights Cases. The appellant’s opening brief must be filed and served within 90 days after the date on which the appeal is docketed in the Supreme Court. The respondent’s combined answering brief/opening brief and appellant’s combined reply brief/answering brief must be filed and served within 21 days of service of the opposing party’s brief. The respondent’s reply brief on cross-appeal must be filed and served within 14 days after service of the appellant’s combined reply brief/answering brief.

(g) Certificate of Compliance. A brief submitted pursuant to this Rule must include the certificate of compliance required by Rule 32(a)(9).

advisory committee NOTE.

Rule 28.1 is revised to clarify its application in various kinds of cross-appeals and to conform to amendments in Rule 32. Subdivision (e) clarifies the page, line, and word limitations in both noncapital and capital cases. Subdivision (f) clarifies the briefing schedule for cross-appeals in cases involving termination of parental rights.

RULE 28.2. REPEALED

[EFFECTIVE AUGUST 15, 2024]

advisory committee NOTE.

Rule 28.2’s information has been incorporated into Rule 32(a)(9), certificate of compliance, which now applies to all briefs.

RULE 29. BRIEF OF AN AMICUS CURIAE

(a) When Permitted. The United States, the State of Nevada, a political subdivision thereof, or an officer or agency of the foregoing entities, or a state, territory, or commonwealth, or a federally recognized tribe may file an amicus brief without the consent of the parties or leave of court. Any other amicus curiae may file a brief only by leave of court granted on motion or at the court’s request or if accompanied by written consent of all parties.

(b) Motion for Leave to File. A motion for leave to file an amicus brief must be accompanied by the proposed brief and state:

(1) the movant’s interest; and

(2) the reasons why an amicus brief is desirable and why the matters asserted are relevant to the disposition of the case.

(c) Contents and Form. An amicus brief must comply with Rule 32. In addition to the requirements of Rule 32, the cover must identify the party or parties supported, if any, and indicate whether the brief supports affirmance, reversal, or extraordinary relief. An amicus brief need not comply with Rule 28, but must include the following:

(1) If the amicus curiae is a corporation, a disclosure statement like that required of a party by Rule 26.1.

(2) A table of contents, with page references.

(3) A table of cases (alphabetically arranged), statutes, and other authorities cited, with references to the pages of the brief where they are cited.

(4) A concise statement of the identity of the amicus curiae, its interest in the case, and the source of its authority to file, which does not count toward the type-volume limitation.

(5) Unless the amicus curiae is one listed in the first sentence of Rule 29(a), a statement that indicates whether:

(A) a party or a party’s counsel authored the brief in whole or in part; and

(B) any person—other than the amicus curiae, its members, or its counsel—contributed money or other consideration intended to fund preparing or submitting the brief and, if so, identifies each person.

(6) An argument, which may be preceded by a summary.

(7) An attorney’s certificate that complies with the requirements contained in Rule 32(a)(9).

(d) Length. Except by the court’s permission or as provided in Rule 21(d) as to writ proceedings, an amicus brief may be no more than one-half the maximum length authorized by these Rules for a party’s brief. If the court grants a party permission to file a longer brief, that extension does not affect the length of an amicus brief.

(e) Time for Filing. An amicus curiae must file its brief, accompanied by a motion for filing when necessary, no later than 7 days after the brief, petition, or answer of the party being supported is filed. An amicus curiae that does not support either party must file its brief no later than 7 days after the appellant’s opening brief or the writ petition is filed. The court may grant leave for later filing, specifying the time within which an opposing party may answer.

(f) Reply Brief. An amicus curiae may not file a reply brief.

(g) Oral Argument. An amicus curiae may file a motion to participate in oral argument, but the court will grant such motions only for extraordinary reasons.

(h) During Rehearing, En Banc Reconsideration, and Review by the Supreme Court. The provisions of this Rule apply to amicus briefs submitted in connection with rehearing, en banc reconsideration, and review by the Supreme Court. Such briefs may be filed irrespective of whether an amicus brief was filed by that amicus curiae in the primary briefing. Except by the court’s permission, the length of an amicus brief in these proceedings must not exceed 4,667 words.

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, matters not necessary to the decision of the issues presented by the appeal must be omitted.

(1) Transcripts. Copies of all transcripts that are necessary to the Supreme Court’s or Court of Appeals’ review of the issues presented on appeal must be included in the appendix.

(2) Documents Required for Inclusion in Joint Appendix. In addition to the transcripts required by Rule 30(b)(1), the joint appendix must contain:

(A) Complaint, indictment, information, or petition (including all amendments);

(B) All answers, counterclaims, cross-claims, and replies, and all amendments thereto;

(D) Relevant jury instructions given to which exceptions were taken, and excluded when offered;

(E) Verdict or findings of fact and conclusions of law with direction for entry of judgment thereon;

(F) Any relevant report of a hearing master, commissioner, or other referee;

(G) Relevant opinions;

(H) All judgments or orders being challenged on appeal;

(I) All notices of appeal; and

(J) Proof of service, if any, of:

(i) the summons and complaint;

(ii) written notice of entry of the judgment or order appealed from;

(iii) post-judgment motions enumerated in Rule 4(a); and

(iv) 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 must include those documents required for inclusion in the joint appendix under this Rule, and any other portions of the record necessary 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 transcripts or documents that should have been but were not included in the appellant’s appendix, and must otherwise be limited to those documents necessary to rebut appellant’s position on appeal that are not already included in appellant’s appendix.

(5) Reply Appendix. The appellant may file an appendix to the reply brief that must include only those documents necessary to reply to respondent’s position on appeal.

(6) Presentence Investigation Report. If a copy of appellant’s presentence investigation report is necessary for the Supreme Court’s or Court of Appeals’ review in a criminal case, appellant or respondent must file a motion with the clerk of the Supreme Court within the time period for filing the party’s appendix, requesting that the court direct the district court clerk to transmit the report to the clerk of the Supreme Court in a sealed envelope. The motion must demonstrate that the report is necessary for the appeal.

(c) Arrangement and Form of Appendix. The appendix must be in the form required by Rule 32(b), must be bound separately from the briefs, and must be arranged as set forth in this Rule. Documents filed electronically must be filed in a searchable Portable Document Format (PDF), except that exhibits and attachments to a filed document that cannot be imaged in a searchable format may be scanned.

(1) Order and Numbering of Documents. All documents included in the appendix must be placed in chronological order by the dates of filing beginning with the first document filed, and must bear the file stamp of the district court clerk, clearly showing the date the document was filed in the proceedings below. Transcripts that are included in the appendix must be placed in chronological order by date of the hearing or trial. If the docket sheet or court minutes are included in the appendix, they need not be file stamped and must be placed at the end of the appendix. Each page of the appendix must be numbered consecutively in the lower right corner of the document.

(2) Page Limits. Each volume of the appendix must contain no more than 250 pages.

(3) Cover. The cover of an appendix must be white and must contain the same information as the cover of a brief under Rule 32(a), but must be prominently entitled “JOINT APPENDIX,” or “APPELLANT’S APPENDIX,” or “RESPONDENT’S APPENDIX” or “APPELLANT’S REPLY APPENDIX.” The cover page shall leave room in the upper right quadrant for the file stamp.

(4) Indexes to Appendix. The party filing the appendix must prepare both an alphabetical index and a chronological index identifying each document in the appendix with reasonable definiteness, and indicating the volume and page of the appendix where the document is located. These indexes must be filed contemporaneously with the appendix as a separate document. The cover of the indexes must contain the same information as the cover of a brief under Rule 32(a).

(d) Exhibits. Copies of relevant and necessary exhibits must be clearly identified, and must 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 court to direct the district court clerk to transmit the original exhibits. The 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 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 must be filed and served no later than the filing of appellant’s opening brief. An appellant’s appendix must be served and filed with appellant’s opening brief. A respondent’s appendix must be served and filed with respondent’s answering brief. If a reply brief is filed, any reply appendix must be served and filed with the reply brief.

(f) Filing and Service. A party represented by counsel must file the appendix electronically, unless nonelectronic filing has been approved by the court. Unless electronically filed, one paper copy and USB flash drive version of the appendix must be filed with the clerk and served on all parties. A paper copy and USB flash drive version of the appendix must be served on all parties who are not registered users of the appellate courts’ electronic filing system.

(g) Filing as Certification; Sanctions for Nonconforming 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 or Court of Appeals, 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 that should have been in the appellant’s appendix, or without the court’s independent examination of portions of the original record that should have been in the appellant’s appendix, the court may impose monetary sanctions.

(h) Costs. Each party must, initially, bear the cost of preparing its separate appendices. The appellant must, 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 must be borne equally by the parties appealing, or as the parties may agree.

(i) Pro Se Party Exception. This Rule does not apply to a party who is not represented by counsel. A pro se party must not file an appendix except as otherwise provided in these Rules or ordered by the court. If the court’s review of the complete record is necessary, the court will direct the district court to transmit the record as provided in Rule 11.

RULE 31. FILING AND SERVICE OF BRIEFS

(a) Time for Serving and Filing Briefs. Unless a different briefing schedule is provided by court order or rules, including fast track rules, parties must observe the briefing schedule set forth in this Rule.

(1) All Appeals Except Termination of Parental Rights and Direct-Appeal Capital Cases.

(A) The appellant must serve and file the opening brief no later than 120 days after the date on which the appeal is docketed in the Supreme Court.

(B) The respondent must serve and file the answering brief no later than 30 days after the appellant’s brief is served.

(2) Termination of Parental Rights Cases. If an appeal is taken from any district court order in an action seeking termination of parental rights:

(A) The appellant must serve and file the opening brief no later than 90 days after the date on which the appeal is docketed in the Supreme Court.

(B) The respondent must serve and file the answering brief no later than 21 days after the appellant’s brief is served.

(D) The court may order oral argument at its discretion. Where oral argument is not ordered, the matter will be submitted for decision on the briefs and the appendix no later than 60 days of the date that the final brief is due.

(3) Direct-Appeal Capital Cases. On direct appeal from a judgment of conviction and sentence of death:

(A) The appellant must serve and file the opening brief no later than 120 days from the date that the record on appeal is filed in the Supreme Court.

(B) The respondent must serve and file the answering brief no later than 60 days after the appellant’s brief is served.

(b) Extensions of Time for Filing Briefs.

(1) Telephonic Requests. No telephonic extensions are permitted for filing any brief.

(2) Streamlined Extensions of Time.

(A) If a party has not previously filed a motion for an extension of time to file an opening, answering, reply, or cross-appeal brief under Rule 31(b)(3), that party may obtain a single streamlined extension of time to file that brief not to exceed 30 days. The streamlined extension of time is not available:

(i) if a case has previously been expedited,

(ii) in a case challenging the termination of parental rights, or

(iii) when a party is seeking emergency or injunctive relief.

(B) A party may request a streamlined extension by completing the Streamlined Request for Extension of Time to File Brief Form that is available on the Nevada Supreme Court website and submitting it for filing in compliance with Rule 25(a)(2). A request must be made on or before the brief’s due date. Timeliness of the request is governed by Rule 25(a)(2).

(C) The clerk of the Supreme Court will approve requests that comply with this Rule and will provide the parties with a new schedule. The clerk will inform parties not eligible for relief under Rule 31(b)(2) as to the appropriate method to obtain relief.

(D) No further extensions for filing the brief will be granted except on motion under Rule 31(b)(3).

(3) Motions for Extensions of Time. A motion for extension of time for filing a brief may be made no later than the due date for the brief and must comply with the provisions of this Rule and Rule 27. Timeliness of the motion is governed by Rule 25(a)(2).

(A) Contents of Motion. A motion for extension of time for filing a brief must include the following:

(i) When the brief is due and was first due;

(ii) The number of extensions previously granted (including any streamlined extension);

(iii) Whether any previous extensions have been denied or denied in part;

(iv) The reasons or grounds why an extension is necessary; and

(v) The length of the extension requested and when the brief would become due.

(B) Motions in All Appeals Except Termination of Parental Rights Cases. Applications for extensions of time beyond that to which the parties are permitted under Rule 31(b)(2) are not favored. The court will grant a motion for extension of time for filing a brief only upon a showing of good cause.

(C) Motions in Termination of Parental Rights Cases. The court will grant a motion for extension of time for filing a brief in termination of parental rights cases only in extraordinary and compelling circumstances.

(c) Service. A copy of each brief must be served on each unrepresented party and on counsel for each separately represented party. The brief must be signed in compliance with Rules 25(a)(5), 32(a)(9), and 32(d).

(d) Consequences of Failure to File Briefs or Appendix.

(1) Appellant. If an appellant fails to timely file an opening brief or appendix, a respondent may move for dismissal of the appeal or the court may dismiss the appeal on its own motion. This Rule does not apply to postconviction appeals in which the appellant is not represented by counsel. In those cases, the court may decide the appeal based on the record without briefing as provided in Rule 34(g).

(2) Respondent. A respondent who fails to timely file an answering brief will not be heard at oral argument unless the court grants permission, and such failure may be treated as a confession of error. Unless the court has ordered the respondent to file an answering brief as provided in Rule 46A(c), this Rule does not apply to appeals in which the appellant is not represented by counsel.

advisory committee NOTE.

The amendments to Rule 31 clarify its scope and revise the process for seeking extensions of briefing deadlines.

Subdivision (a) clarifies that Rule 31 does not govern the briefing schedule in fast track appeals. Because appeals involving child custody and visitation are now governed by Rule 3E, subdivision (a)(2) now governs the briefing schedule only for termination of parental rights cases. Former subdivision (a)(4) (postconviction appeals in capital cases) is now subsumed within subdivision (a)(1), which adheres to the same deadlines as the eliminated subdivision.

Subdivision (b)(1) replaces the provisions on telephonic and stipulated extensions with a 30-day streamlined extension, akin to the streamlined extension available in the Ninth Circuit under 9th Cir. R. 31-2.2(a). Subdivision (b)(2) eliminates inconsistent standards for extensions by motion. Subdivision (b)(3) makes clear that extensions beyond the streamlined extension permitted by subdivision (b)(2) are disfavored. In cases except termination of parental rights and direct-appeal capital cases, a motion for an extension must demonstrate good cause. In termination of parental rights cases, the motion must demonstrate extraordinary and compelling circumstances. The court retains discretion to prescribe another standard in particular cases. Supplemental authorities, formerly addressed in subdivision (e), now appear in Rule 28(j), similar to FRAP 28(j).

RULE 32. FORM OF BRIEFS, THE APPENDIX,
AND OTHER PAPERS

(a) Form of a Brief.

(1) Reproduction.

(A) A brief must be reproduced by any process that yields a clear black image of letter quality. The paper must be opaque and unglazed. Only one side of the paper may be used.

(B) Text must be reproduced with a clarity that equals or exceeds the output of a laser printer.

(C) Photographs, illustrations, and tables may be reproduced by any method that results in a good copy of the original; a glossy finish is acceptable if the original is glossy.

(2) Cover. The cover page shall leave room in the upper right quadrant for the file stamp. The front cover of a brief must contain:

(A) the name of the court and the number of the case;

(B) the title of the case (see Rule 12(a));

(D) the title of the document (e.g., Appellant’s Opening Brief, Respondent’s Answering Brief); and

(E) the names, addresses, telephone numbers, and State Bar of Nevada identification numbers of counsel, if any, representing the party for whom the brief is filed.

(3) Binding. The brief must be bound in any manner that is secure, does not obscure the text, and permits the brief to lie reasonably flat when open.

(4) Paper Size, Line Spacing, Margins, and Page Numbers. The brief must be on 8 1/2 by 11-inch paper. The text must be double-spaced, except that quotations of more than two lines may be indented and single-spaced. Headings and footnotes may be single-spaced. Margins must be at least 1 inch on all four sides. The pages must be consecutively numbered at the bottom. Pages in the brief preceding the statement of the case must be numbered in lowercase Roman numerals, and pages in the brief beginning with the statement of the case must be numbered in Arabic numerals.

(5) Typeface. Either a proportionally spaced or a monospaced typeface may be used. Footnotes must be in the same size and typeface as the body of the brief.

(A) A proportionally spaced typeface (e.g., Century Schoolbook, Times New Roman, Garamond, Georgia, and Palatino) must be 14-point or larger.

(B) A monospaced typeface (e.g., Courier and Pica) may not contain more than 10 1/2 characters per inch (e.g., Courier 12-point).

(C) Self-represented litigants may use elite type, 12 characters per inch, if they lack access to a typewriter with larger characters.

(6) Type Styles. A brief must be set in a plain, roman style, although underlining, italics, or boldface may be used for emphasis. Case names must be italicized or underlined.

(7) Length.

(A) Noncapital Cases.

(i) Page Limitation. Unless it complies with Rule 32(a)(7)(A)(ii) or permission of the court is obtained under Rule 32(a)(7)(D), an opening or answering brief must not exceed 30 pages, and a reply brief must not exceed 15 pages.

(ii) Type-Volume Limitation. An opening or answering brief is acceptable if it contains no more than 14,000 words or, if it uses a monospaced typeface, contains no more than 1,300 lines of text. A reply brief is acceptable if it contains no more than half the type-volume specified for an opening or answering brief under this Rule.

(B) Capital Cases.

(i) Page Limitation. Unless it complies with Rule 32(a)(7)(B)(ii) or permission of the court is obtained under Rule 32(a)(7)(D), an opening or answering brief in a capital case must not exceed 80 pages, and a reply brief in a capital case must not exceed 40 pages.

(ii) Type-Volume Limitation. An opening or answering brief in a capital case is acceptable if it contains no more than 37,000 words or, if it uses a monospaced typeface, contains no more than 3,500 lines of text. A reply brief in a capital case is acceptable if it contains no more than half the type-volume specified in this Rule for an opening or answering brief in a capital case.

(C) Computing Page and Type-Volume Limitations. The disclosure statement, table of contents, table of authorities, jurisdictional statement, routing statement, and statement of the issues, which must precede any introduction and the statement of the case in the brief under Rule 28, and the signature blocks required by Rule 25(a)(5), certificate of service if required by Rule 25(d)(1), certificate of compliance required by Rule 32(a)(9), and any addendum prepared under Rule 28(f), which must follow the conclusion in the brief under Rule 28, do not count toward a brief’s page or type-volume limitation. The page or type-volume limitation applies to all other portions of the brief beginning with any introduction and the statement of the case, including headings, footnotes, and quotations, and ending with the last word in the conclusion in the brief.

(D) Permission to Exceed Page or Type-Volume Limitation.

(i) The court looks with disfavor on motions to exceed the applicable page or type-volume limitation, and therefore, permission to exceed the page or type-volume limitation will not be routinely granted. A motion to file a brief that exceeds the applicable page or type-volume limitation will be granted only upon a showing of diligence and good cause. The court will not consider the cost of preparing and revising the brief in ruling on the motion.

(ii) A motion seeking an enlargement of the page or type-volume limitation for a brief must be filed on or before the brief’s due date and must state in detail the reasons for the motion and the number of additional pages, words, or lines of text requested. A motion to exceed the type-volume limitation must be accompanied by a certification as required by Rule 32(a)(9) as to the line or word count.

(iii) The motion must also be accompanied by a single copy of the brief the applicant proposes to file.

(8) Handwritten Briefs. A pro se party who is incarcerated or detained in a state prison or county jail or other facility may file documents under this Rule that are legibly handwritten in black or blue ink and that otherwise conform to the requirements of this Rule. Handwritten documents are not otherwise permitted without leave of the court.

(9) Certificate of Compliance.

(A) Certificate Required Upon Filing of Any Brief. All briefs must include a certificate of compliance. The certificate must be signed by the self-represented party or an active member of the State Bar of Nevada. The certificate must substantially comply with the Certificate of Compliance for Briefs Form on the Nevada Supreme Court website, representing that:

(i) the filer has read the brief;

(ii) the brief is not frivolous or interposed for any improper purpose;

(iii) the brief complies with all applicable Nevada Rules of Appellate Procedure, including Rule 28(e);

(iv) the brief complies with the formatting requirements of Rule 32(a)(4)-(6), identifying the typeface and type-style used; and

(v) the brief complies with the page or type-volume limitation stated in Rule 32(a)(7). If relying on word or line count, the certificate must state either the number of words or the number of lines of monospaced type in the brief.

(B) Striking a Brief Without the Required Certificate. If a brief does not contain the certification required by this Rule, it will be stricken unless such a certification is provided within 14 days after the omission is called to the filer’s attention.

(C) Sanctions. The court may impose sanctions for an incomplete or inaccurate certificate.

(b) Form of Appendices. An appendix must comply with Rule 32(a)(1), (2), (3), and (4) with the following exceptions:

(1) An appendix may include a legible photocopy of any document found in the trial court record (see Rule 30).

(2) When necessary to facilitate inclusion of odd-sized documents such as technical drawings, an appendix may be a size other than 8 1/2 by 11 inches, and need not lie reasonably flat when opened.

(c) Form of Other Papers.

(1) Motion. The form of a motion is governed by Rule 27(d).

(2) Other Papers. Any other paper, including a petition for rehearing and a petition for en banc reconsideration, and any response to such a petition, must be reproduced in the manner prescribed by Rule 32(a)(1), (3), (4), (5), (6), and (8) and must 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. The cover page shall leave room in the upper right quadrant for the file stamp.

(d) Signature. Every brief, motion, or other paper filed with the court must be signed as set forth in Rule 25(a)(5).

(e) Effect of Noncompliance With Rule. A brief, petition, motion, or other paper that is not prepared in accordance with this Rule may be stricken or disregarded by the court.

advisory committee NOTE.

Rule 32 is amended to conform to FRAP 32 and to address the attorney’s certificate in former Rule 28.2. Subdivision (a)(2) eliminates the requirement for colored covers. When formatting the cover, practitioners should consider the placement of the court’s file electronic stamp in the upper right-hand corner about 2 inches below and 3 inches to the left of the edge. The court name, case number, and case title should be formatted so as not to obscure the file stamp.

The certificate of compliance in subdivision (a)(9) now includes the information in former Rule 28.2 (attorney’s certificate) and is required for all briefs, not just those submitted by represented parties.

In conformance with Rule 25, subdivision (e) now provides that a noncompliant brief or other paper may be stricken or disregarded by the court, but not by the clerk without the court’s instruction.

RULE 33. APPEAL CONFERENCES

The court may direct the attorneys—and, when appropriate, the parties—to participate in one or more conferences to address any matter that may aid in disposing of the proceedings, including simplifying the issues. The court, justice, or judge may, as a result of the conference, enter an order controlling the course of the proceedings.

advisory committee NOTE.

The amendment substantively changes the rule by allowing the court to also direct the parties, not just the attorneys, to participate in an appeal conference. This change mirrors the language in FRAP 33.

RULE 34. ORAL ARGUMENT

(a) Notice of Argument; Postponement. The clerk will advise all parties of the date, time, and place for oral argument, the time allowed for oral argument, the court before which argument will occur, and if before the Supreme Court, whether it will be before the full court or a panel, and if deemed appropriate, the issues to be addressed at oral argument. A motion to postpone or change the location of the argument must be filed reasonably in advance of the date fixed for hearing and supported by good cause.

(b) Time Allowed for Argument. Unless the case is submitted for decision on the briefs under Rule 34(f) or the court otherwise orders, each side will be allowed 15 minutes for argument. If a party believes that additional time is necessary for the adequate presentation of their argument, the party may request such additional time. A motion to allow longer argument must be filed reasonably in advance of the date fixed for the argument and will 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.

(c) Order and Content of Argument. The appellant opens and concludes the argument. The opening argument must include a fair statement of the case. Counsel will not be permitted to read at length from briefs, records, or authorities.

(d) Cross-Appeals and Separate Appeals. Unless the court directs otherwise, a cross-appeal or separate appeal must be argued with the initial appeal at a single argument. If there is a cross-appeal, Rule 28.1(b) determines which party is the appellant and which is the respondent for the purpose of this Rule, unless the parties otherwise agree or the court otherwise directs. If separate appellants support the same argument, care must be taken to avoid duplication of argument.

(e) Nonappearance of a Party. If the respondent fails to appear for argument, the court will hear the appellant’s argument. If the appellant fails to appear, the court may hear the respondent’s argument. If neither party appears, the case will be decided on the briefs unless the court orders otherwise.

(f) Submission on Briefs.

(1) The court may order a case submitted for decision on the briefs, without oral argument.

(2) The court will not ordinarily schedule oral argument in a case in which a party is self-represented but may do so when appropriate.

(g) Postconviction Appeals. Postconviction appeals may be submitted and decided on the record on appeal without briefing or oral argument when the appellant is proceeding pro se.

advisory committee NOTE.

The amendments are stylistic except that subdivision (c) removes the former requirement that an appellant must file a reply brief in order to argue in rebuttal. The amendments in subdivisions (f) and (g) remove redundant language and clarify that postconviction appeals may be decided without briefing or oral argument when the appellant is pro se.

RULE 35. DISQUALIFICATION OF A JUSTICE OR JUDGE

(a) Motion for Disqualification. A request that a justice or judge of the Supreme Court or Court of Appeals be disqualified from sitting in a particular case must be made by motion. Unless the court permits otherwise, the motion must be in writing and must be in the form required by Rule 27. A separate motion for disqualification must be filed for each justice or judge being challenged. A motion for disqualification that seeks the disqualification of more than one judge or justice will be stricken.

(1) Time to File. A motion to disqualify a justice or judge must be filed with the clerk of the Supreme Court within 60 days after docketing of the appeal under Rule 12, together with proof of service on all other parties. Except for good cause shown, the failure to file a timely motion to disqualify will be deemed a waiver of the moving party’s right to object to a justice’s or judge’s participation in a case.

(2) Contents of a Motion.

(A) Grounds, Supporting Facts, and Legal Authorities. A motion must state clearly and concisely in separately numbered paragraphs each ground relied upon as a basis for disqualification with the specific facts alleged in support thereof and the legal argument, including citations to relevant cases, statutes, or rules, necessary to support it.

(B) Verification. All assertions of fact in a motion must be supported by proper sworn averments in an affidavit or by citations to the specific page and line where support appears in the record of the case.

(i) A verification by affidavit must be served and filed with the motion.

(ii) The affidavit must be made upon personal knowledge by a person or persons affirmatively shown competent to testify and must set forth only those facts that would be admissible in evidence.

(iii) The affidavit must set forth the date or dates when the moving party first became aware of the facts set forth in the motion.

(C) Attorney’s Certificate. A motion under this Rule filed by a party represented by counsel must contain a certificate signed by at least 1 attorney of record who is an active member of the bar of this state. The certificate must contain the following information:

(i) A representation that the signing attorney has read the motion and supporting documents;

(ii) A representation that the motion and supporting documents are in the form required by this Rule; and

(iii) A representation that, based on personal investigation, the signing 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.

(D) Striking a Motion Without an Attorney’s Certificate. If a motion does not contain the certification required by Rule 35(a)(2)(C), it must be stricken unless such a certification is provided within 14 days after the omission is called to the attorney’s attention.

(b) Response.

(1) By a Party. Any party may file a response to a motion to disqualify a justice or judge. The response must be filed within 14 days after service of the motion unless the court shortens or extends the time.

(2) By the Justice or Judge. The challenged justice or judge may submit a response to the motion in writing or orally at any hearing that may be ordered by the court.

(c) Reply. A reply may not be filed unless permission is first obtained from the court.

advisory committee NOTE.

Subdivision (a) is substantively modified to require the filing of a separate motion for disqualification for each justice or judge being challenged.

RULE 36. ENTRY OF JUDGMENT

(a) Entry. The filing of the court’s decision or order constitutes entry of the judgment. The clerk will file the judgment after receiving it from the court. If a judgment is rendered without an opinion, the clerk will enter the judgment following instruction from the court.

(b) Notice. On the date when judgment is entered, the clerk will serve all parties a copy of the opinion, if any, or of the order entering judgment, if no opinion was written.

(c) Form of Decision. The Supreme Court and Court of Appeals decide cases by either published or unpublished disposition.

(1) A published disposition is an opinion designated for publication in the Nevada Reports. The Supreme Court or Court of Appeals will decide a case by published opinion if it:

(A) Presents an issue of first impression;

(B) Alters, modifies, or significantly clarifies a rule of law previously announced by either the Supreme Court or the Court of Appeals; or

(2) An unpublished disposition, while publicly available, does not establish mandatory precedent except in a subsequent stage of a case in which the unpublished disposition was entered, in a related case, or in any case for purposes of issue or claim preclusion or to establish law of the case.

(3) A party may cite for its persuasive value, if any, an unpublished disposition issued by the Supreme Court on or after January 1, 2016, or by the Court of Appeals on or after August 15, 2024. When citing such an unpublished disposition, the party must cite an electronic database, if available, and the docket number and date filed in the Supreme Court or Court of Appeals (with the notation “unpublished disposition”). A party citing such an unpublished disposition must serve a copy of it on any party not represented by counsel.

(d) Duplicate Order or Opinion. The justices of the Supreme Court, judges of the Court of Appeals, or district judges designated by the governor to serve on the Supreme Court or Court of Appeals for a specific case, if they are physically present within the State of Nevada, may sign duplicate copies of any order or opinion. Signed duplicate copies of orders and opinions will be transmitted to the clerk of the court for filing.

(e) Motion to Reissue an Order as an Opinion. A motion to reissue an unpublished disposition or order as an opinion to be published in the Nevada Reports may be made under the provisions of Rule 36(e) by any interested person. With respect to the form of such motions, the provisions of Rule 27(d) apply; in all other respects, such motions must comply with the following:

(1) Time to File. Such a motion must be filed within 14 days after the filing of the order. Parties may not stipulate to extend this time period, and any motion to extend this time period must be filed before the expiration of the 14-day deadline.

(2) Response. No response to such a motion may be filed unless requested by the court.

(3) Contents. Such a motion must be based on one or more of the criteria for publication set forth in Rule 36(c)(1)(A)-(C). The motion must state concisely and specifically on which criteria it is based and set forth argument in support of such contention. If filed by or on behalf of a nonparty, the motion must also identify the movant and the movant’s interest in obtaining publication.

(4) Decision. The granting or denial of a motion to publish is entrusted to the sound discretion of the panel that issued the disposition. Publication is disfavored if revisions to the text of the unpublished disposition will result in discussion of additional issues not included in the original decision.

(5) Resolution of Motion to Publish Filed in the Court of Appeals When Rule 40B Petition Is Pending in the Supreme Court. When a motion to publish is pending in the Court of Appeals, resolution of any pending petition for review filed in the Supreme Court will be held in abeyance until the motion to publish is resolved.

ADVISORY COMMITTEE NOTE.

The amendments modernize the provisions of Rule 36 and remove the prohibition against citation of unpublished Court of Appeals decisions, effective August 15, 2024. Like unpublished Supreme Court decisions issued on or after January 1, 2016, Court of Appeals decisions issued on or after August 15, 2024, may be cited for their persuasive value.

RULE 37. INTEREST ON JUDGMENTS

(a) When the Court Affirms. Unless the law provides otherwise, if a money judgment in a civil case is affirmed, whatever interest is allowed by law is payable from the date when the district court’s judgment was entered.

(b) When the Court Reverses. If the court modifies or reverses a judgment with a direction that a money judgment be entered in the district court, the mandate must contain instructions about the allowance of interest.

RULE 38. FRIVOLOUS CIVIL APPEALS—DAMAGES
AND COSTS

If the Supreme Court or Court of Appeals determines that an appeal is frivolous or was brought or maintained without reasonable ground or solely for purposes of delay, or whenever the appellate processes of the court have otherwise been misused, the court may, after reasonable opportunity to respond to a notice from the court or a separately filed motion, impose monetary sanctions and/or require the offending party to pay costs or attorney fees as it deems appropriate to discourage like conduct in the future.

RULE 39. COSTS

(a) Against Whom Assessed. The following rules apply in civil appeals unless the law provides or the court orders otherwise:

(1) if an appeal is dismissed, costs are taxed against the appellant, unless the parties agree otherwise;

(2) if a judgment is affirmed, costs are taxed against the appellant;

(3) if a judgment is reversed, costs are taxed against the respondent;

(4) if a judgment is affirmed in part, reversed in part, modified, or vacated, costs are taxed only as the court orders.

(b) Limitations on Costs.

(1) Costs of Copies. The cost of producing necessary copies of briefs or appendices is taxable in the Supreme Court or Court of Appeals at a rate not to exceed 10 cents per page, or at actual cost, whichever is less.

(2) Costs of Counsel’s Transportation. The actual costs of round-trip transportation within Nevada for one attorney, actually attending arguments before the Supreme Court or Court of Appeals, to the place where the appeal is argued are taxable in the Supreme Court or Court of Appeals and include automobile and commercial air travel. For the purpose of this Rule, “actual costs” for private automobile travel is deemed to be the rate established by the Internal Revenue Service for business travel at the time such travel occurs.

(3) Bill of Costs. Only those categories of costs identified in Rule 39(b)(1) and (2) are taxable in the Supreme Court or Court of Appeals. A party who wants such costs taxed must—within 14 days after entry of judgment—file an itemized and verified bill of costs with the clerk, with proof of service.

(4) Objections. Objections to a bill of costs must be filed within 7 days after service of the bill of costs, unless the court extends the time.

(5) Limit on Costs. The maximum amount of costs taxable under Rule 39(b)(1) and (2) is $750.

(c) Clerk to Insert Costs in Remittitur. The clerk will prepare and certify an itemized statement of costs taxed in the Supreme Court or Court of Appeals for insertion in the remittitur, but issuance of the remittitur must not be delayed for taxing costs. If the remittitur issues before costs are finally determined, the district court clerk must—upon the Supreme Court clerk’s request—add the statement of costs, or any amendment of it, to the remittitur.

(d) Costs on Appeal Taxable in the District Courts. The following costs on appeal are taxable in the district court for the benefit of the party entitled to costs under this Rule:

(1) the preparation and transmission of the record;

(2) the reporter’s transcript, if necessary to determine the appeal;

(3) premiums paid for a supersedeas bond or other security to preserve rights pending appeal; and

(4) the fee for filing the notice of appeal.

RULE 40. PETITION FOR REHEARING

(a) Grounds for Rehearing. A petition for rehearing of a decision by the en banc Supreme Court, by a panel of the Supreme Court, or by the Court of Appeals may be granted in the following circumstances:

(1) When the court has overlooked or misapprehended a material fact in the record or a material question of law in the case;

(2) 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; or

(3) When a new rule of law, directly controlling on the disposition of the issues in the case, has issued after the court announced its order or opinion but within the time fixed for filing a petition for rehearing.

(b) Content of Petition. The petition must state with particularity the points of law or fact that the petitioner believes the court has overlooked or misapprehended and must contain such argument in support of the petition as the petitioner desires to present. Any claim that the court has overlooked or misapprehended a material fact must be supported by a reference to the page of the transcript, appendix, or record where the matter is to be found; any claim that the court has overlooked or misapprehended a material question of law or has overlooked, misapplied, or failed to consider controlling authority must be supported by a reference to the page of the brief where petitioner has raised the issue. Except as necessary to establish the grounds for rehearing set forth in Rule 40(a), matters presented in the briefs and oral arguments may not be reargued, and no point may be raised for the first time. Oral argument in support of the petition will not be permitted.

(c) Time for Filing. Unless the time is shortened or enlarged by order, any party may file a petition for rehearing within 14 days after the filing of the appellate court’s decision under Rule 36. The 3-day mailing period set forth in Rule 26(c) does not apply to the time limits set by this Rule.

(d) Filing Fee. Except as otherwise provided by statute, a $150 filing fee must be paid to the clerk at the time a petition for rehearing is submitted for filing.

(e) Response to Petition. No response to a petition for rehearing may be filed unless requested by the court. The response to a petition for rehearing must be filed within 14 days after entry of the order requesting the response, unless otherwise directed by the court. A petition for rehearing will ordinarily not be granted in the absence of a request for a response.

(f) Form of Petition and Response; Number of Copies; Certificate of Compliance. A petition for rehearing of a decision by the en banc Supreme Court, by a panel of the Supreme Court, or by the Court of Appeals, or a response to such a petition, must comply in form with Rule 32, and unless filed electronically, the original must be filed with the clerk. One copy must be served on counsel for each party separately represented. The petition or response must include a certificate that the submission complies with the formatting requirements of Rule 32(a)(4)-(6) and the page or type-volume limitation of this Rule, computed in compliance with Rule 32(a)(7)(C), and must be accompanied by a completed certificate of compliance substantially similar to the Certificate of Compliance for Rules 40, 40A, and 40B Form on the Nevada Supreme Court website.

(g) Length of Petition and Response. Except by permission of the court, a petition for rehearing, or a response to the petition, may not exceed 10 pages or 4,667 words or, if it uses a monospaced typeface, 433 lines of text.

(h) Decision by Court. A court’s decision to grant or deny a petition for rehearing is final and not subject to further requests for rehearing.

(i) Action by Court When Petition Granted. If a petition for rehearing is granted, the court may make a final disposition of the cause without argument or may restore it to the calendar for argument 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 decision of a Supreme Court panel must 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 must consider a petition for rehearing of an en banc decision.

(j) Untimely Petition. Timeliness of a petition for rehearing is governed by Rule 25(a)(2). The clerk must not receive or file an untimely petition, but must return the petition unfiled or, if the petition was filed electronically, must reject the petition.

(k) Unrequested Response. Absent an order requesting a response, the clerk must not receive or file a response, but must return it unfiled or, if the response was filed electronically, must reject it.

(l) Petition in Criminal Appeals; Exhaustion of State Remedies. A decision by the en banc Supreme Court, a Supreme Court panel, or the Court of Appeals resolving a claim of error in a criminal case, including a claim for postconviction relief, is final for purposes of exhaustion of state remedies in subsequent federal proceedings. Rehearing is available only under the limited circumstances set forth in Rule 40(a).

advisory committee NOTE.

The amendments to Rule 40 are both stylistic and substantive. Subdivision (a) now lists three grounds for rehearing (as opposed to just two), and subdivision (a)(3) would permit rehearing in the event a new rule of law is issued after the court’s disposition, but before the rehearing deadline. Subdivision (b) clarifies that “except as necessary to establish the grounds for rehearing” matters presented in the briefs and oral arguments may not be reargued, and no point may be raised for the first time. Subdivision (c) reduces the time for filing a petition for rehearing from 18 days to 14 days, in conformity with FRAP 40.

RULE 40A. PETITION FOR EN BANC RECONSIDERATION OF A SUPREME COURT PANEL DECISION

(a) Grounds for En Banc Reconsideration. En banc reconsideration of a decision of a Supreme Court panel 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 decisions of the Supreme Court or Court of Appeals, or

(2) the proceeding involves a substantial precedential, constitutional, or public policy issue.

(b) Content of Petition. A petition based on grounds that full court reconsideration is necessary to secure and maintain uniformity of the decisions of the Supreme Court or Court of Appeals must demonstrate that the panel’s decision is contrary to prior, published opinions of the Supreme Court or Court of Appeals and must include specific citations to those cases. A petition based on grounds that the proceeding involves a substantial precedential, constitutional, or public policy issue must concisely set forth the issue, must specify the nature of the issue, and must demonstrate the impact of the panel’s decision beyond the litigants involved. The petition must be supported by points and authorities and must contain argument in support of these points. Except as necessary to establish the grounds for reconsideration set forth in Rule 40A(a), 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. Oral argument in support of the petition will not be permitted.

(c) Time for Filing. Unless the time is shortened or enlarged by order,any party may petition for en banc reconsideration of a Supreme Court panel’s decision within 14 days after the filing of the panel’s decision under Rule 36 or, if the party timely filed a petition for rehearing, within 14 days after the filing of the panel’s decision to deny rehearing. A petition for en banc reconsideration may not be filed while a petition for rehearing is pending before the panel. The 3-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 Supreme Court 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 14 days after the filing of the decision.

(d) Response to Petition. No response to a petition for en banc reconsideration may be filed unless requested by the court. The response to a petition for en banc reconsideration must be filed within 14 days after entry of the order requesting the response, unless otherwise directed by the court. A petition for en banc reconsideration will ordinarily not be granted in the absence of a request for a response.

(e) Form of Petition and Response; Number of Copies; Certificate of Compliance. A petition for en banc reconsideration of a Supreme Court panel’s decision, or a response to such a petition, must comply in form with Rule 32, and unless filed electronically, the original must be filed with the clerk. One copy must be served on counsel for each party separately represented. The petition or response must include the certification required by Rule 40(f) and must be substantially similar to the Certificate of Compliance for Rules 40, 40A, and 40B Form on the Nevada Supreme Court website.

(f) Length of Petition and Response. Except by permission of the court, a petition for en banc reconsideration, or a response to such a petition, may not exceed 10 pages or 4,667 words or, if it uses a monospaced typeface, 433 lines of text.

(g) Decision by Supreme Court. Any two justices may compel the court to grant a petition for en banc reconsideration. The Supreme Court’s decision to grant or deny a petition for en banc reconsideration is final and not subject to further requests for rehearing or reconsideration.

(h) Action by Supreme Court When Petition Granted. If a petition for en banc reconsideration is granted, the court may make a final disposition of the cause without argument or may place it on the en banc calendar for argument or resubmission or may make such other orders as are deemed appropriate under the circumstances of the particular case.

(i) Untimely Petition. Timeliness of a petition for en banc reconsideration is governed by Rule 25(a)(2). The clerk must not receive or file an untimely petition, but must return the petition unfiled or, if the petition was filed electronically, must reject the petition.

(j) Unrequested Response. Absent an order requesting a response, the clerk must not receive or file a response, but must return it unfiled or, if the response was filed electronically, must reject it.

(k) Petition in Criminal Appeals; Exhaustion of State Remedies. A decision of a Supreme Court panel resolving a claim of error in a criminal case, including a claim for postconviction relief, is 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 Rule 40A(a).

advisory committee NOTE.

The amendments to this Rule are both stylistic and substantive. The most significant substantive change is the revision to subdivision (c), which, as amended, permits a party to file a petition for en banc reconsideration of a Supreme Court panel decision without first filing a petition for rehearing under Rule 40. But if a party seeks panel rehearing, it may not file a petition for en banc reconsideration until the panel resolves the rehearing petition.

RULE 40B. PETITION FOR REVIEW BY THE SUPREME COURT

(a) Grounds for Review. A decision of the Court of Appeals is a final decision that is not reviewable by the Supreme Court except on petition for review. Supreme Court review is not a matter of right but of judicial discretion. The following, while neither controlling nor fully measuring the Supreme Court’s discretion, are factors that will be considered in the exercise of that discretion:

(1) Whether the question presented is one of first impression of general statewide significance;

(2) Whether the decision of the Court of Appeals conflicts with a prior decision of the Court of Appeals, the Supreme Court, or the United States Supreme Court;

(3) Whether the case involves fundamental issues of statewide public importance; or

(4) Whether the question presented was raised by the parties below or decided by the Court of Appeals.

(b) Content of Petition; Question(s) Presented. A petition for review must state the question(s) presented for review and the reason(s) review is warranted and may include citation of authority in support of that contention. No citation to authority or argument may be incorporated into the petition by reference to another document. The question(s) presented for review must appear on the first page after the cover.

(c) Time for Filing. Unless the time is shortened or enlarged by order, any party may file apetition for review within 14 days after the filing of the Court of Appeals’ decision under Rule 36, or its decision on rehearing under Rule 40. A petition for review may not be filed while a petition for rehearing is pending in the Court of Appeals. The 3-day mailing period set forth in Rule 26(c) does not apply to the time limits set by this Rule.

(d) Response to Petition. No response to a petition for review may be filed unless requested by the Supreme Court. The response to a petition for review must be filed within 14 days after entry of the order requesting the response, unless otherwise directed by the court. A petition for review will not ordinarily be granted in the absence of a request for a response.

(e) Form of Petition and Response; Number of Copies; Certificate of Compliance. A petition for review of a Court of Appeals’ decision, or a response to such a petition, must comply in form with Rule 32, and unless filed electronically, an original must be filed with the clerk. One copy must be served on counsel for each party separately represented. The petition or response must include the certification required by Rule 40(f) and must be substantially similar to the Certificate of Compliance for Rules 40, 40A, and 40B Form on the Nevada Supreme Court website.

(f) Length of Petition or Response. Except by permission of the court, a petition for review by the Supreme Court, or a response to such a petition, may not exceed 10 pages or 4,667 words or, if it uses a monospaced typeface, 433 lines of text.

(g) Decision by Supreme Court. The Supreme Court may grant a petition for review on the affirmative vote of a majority of the justices. The Supreme Court’s decision to grant or deny a petition is final and is not subject to further requests for rehearing or reconsideration.

(h) Action by Supreme Court When Petition Granted. The Supreme Court may limit the question(s) on review. The Supreme Court’s review on the grant of a petition for review will be conducted on the record and briefs previously filed in the Court of Appeals, but the Supreme Court may require supplemental briefs on the merits of all or some of the issues for review. Unless otherwise ordered, a grant of a petition for review does not vacate the Court of Appeals’ decision.

(i) Untimely Petitions. The timeliness of a petition for review is governed by Rule 25(a)(2). The clerk of the Supreme Court must not receive or file an untimely petition, but must return the petition unfiled or, if the petition was filed electronically, must reject the petition.

(k) Petition in Criminal Appeals; Exhaustion of State Remedies. A decision of the Court of Appeals resolving a claim of error in a criminal case, including a claim for postconviction relief, is final for purposes of exhaustion of state remedies in subsequent federal proceedings. Review of decisions of the Court of Appeals by the Supreme Court is available only under the limited circumstances set forth in Rule 40B(a).

advisory committee NOTE.

The amendments to this Rule are both stylistic and substantive. Subdivision (a) provides the Supreme Court with an additional factor to consider when deciding whether to grant review—“[w]hether the question presented was raised by the parties below or decided by the Court of Appeals”—understanding that some parties may utilize Rule 40B to seek a second bite at the apple by raising new issues that were not previously raised or decided. Subdivision (b) adds a requirement that “[t]he question(s) presented for review must appear on the first page after the cover.” Subdivision (c) changes the time for filing a petition for review from 18 days to 14 days. Subdivision (h) clarifies that “[u]nless otherwise ordered, a grant of a petition for review does not vacate the Court of Appeals’ decision.”

RULE 41. ISSUANCE OF REMITTITUR; STAY OF REMITTITUR

(a) Contents. A certified copy of the judgment and written decision of the court and any direction as to costs will be included with the remittitur.

(b) When Issued. The court’s remittitur will issue 21 days after the entry of judgment unless the time is shortened or enlarged by order. Unless an appeal or other proceeding is an original proceeding under Rules 5 or 21 or is dismissed under Rule 42, a formal remittitur will issue.

(c) Effective Date. The remittitur is effective when issued.

(d) Stay of Remittitur.

(1) Petition for Rehearing or En Banc Reconsideration. The timely filing of a petition for rehearing or en banc reconsideration stays the remittitur until disposition of the petition, unless the court orders otherwise. If the petition is denied, the remittitur will issue 21 days after entry of the order denying the petition, unless the time is shortened or enlarged by order.

(2) Petition for Review by Supreme Court. The timely filing of a petition for review by the Supreme Court of a Court of Appeals’ decision stays the issuance of the remittitur of the Court of Appeals. Upon the issuance of an order denying a petition for review, the clerk of the Supreme Court will issue the remittitur.

(3) Application for Certiorari to the United States Supreme Court.

(A) A party may file a motion to stay the remittitur pending application to the United States Supreme Court for a writ of certiorari. The motion must be served on all parties and must show there is good cause for a stay and that the petition would present a substantial federal question.

(B) The stay must not exceed 120 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 United States Supreme Court that the party who has obtained the stay has filed a petition for the writ in that court, the stay will continue until final disposition by the United States Supreme Court.

(D) The clerk of the Supreme Court will issue the remittitur immediately when a copy of a United States Supreme Court order denying the petition for writ of certiorari is filed.

RULE 42. VOLUNTARY DISMISSAL

The clerk may dismiss an appeal or other proceeding upon stipulation of the parties or uncontested motion by the appellant or petitioner and payment of any fees that are due. But no remittitur or other process shall issue without a court order. Dismissal may be on terms agreed to by the parties or as fixed by the court.

RULE 43. SUBSTITUTION OF PARTIES

(a) Death of a Party.

(1) After Notice of Appeal Is Filed. If a party dies after a notice of appeal has been filed or while a proceeding is pending in the Supreme Court or Court of Appeals, the decedent’s personal representative may be substituted as a party on motion filed by the representative or by any party with the clerk of the Supreme Court. A party’s motion must be served on the representative in accordance with Rule 25. If the decedent has no representative, any party may suggest the death on the record, and the court may then direct appropriate proceedings.

(2) Before Notice of Appeal Is Filed—Potential Respondent. 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 will be in accordance with Rule 43(a)(1).

(3) Before Notice of Appeal Is Filed—Potential Appellant. If a party entitled to appeal dies before filing a notice of appeal, the decedent’s personal representative—or, if there is no personal representative, the decedent’s attorney of record—may file a notice of appeal within the time prescribed by these Rules. After the notice of appeal is filed, substitution will be in accordance with Rule 43(a)(1).

(b) Substitution for a Reason Other Than Death. If a party needs to be substituted for any reason other than death, the procedure prescribed in Rule 43(a) applies.

(c) Public Officer: Identification; Substitution.

(1) Automatic Substitution of Officeholder. When a public officer who is a party to an appeal or other proceeding in an official capacity dies, resigns, or otherwise ceases to hold office, the action does not abate. The public officer’s successor is automatically substituted as a party. Proceedings following the substitution will be in the name of the substituted party, but any misnomer that does not affect the substantial rights of the parties will be disregarded. An order of substitution may be entered at any time, but the failure to enter an order will not affect the substitution.

(2) Identification of Party. A public officer who is a party to an appeal or other proceeding in an official capacity may be described as a party by the public officer’s official title rather than by name; but the court may require the public officer’s name to be added.

RULE 44. CASES INVOLVING CONSTITUTIONAL QUESTIONS WHERE STATE IS NOT A PARTY

If a party questions the constitutionality of an Act of the Legislature in any proceeding, including civil and criminal matters, in which the state or its agency, officer, or employee is not a party in an official capacity, the questioning party must give written notice to the clerk of the Supreme Court immediately upon the filing of the docketing statement or as soon as the question is raised in the court. The clerk must then certify that fact to the Attorney General.

RULE 45. CLERK’S DUTIES

(a) General Provisions.

(1) Qualifications. The clerk of the Supreme Court must take the oath and post any bond required by law. Neither the clerk nor any deputy clerk may practice as an attorney or counselor in any court while in office.

(2) When Court Is Open. The clerk’s office with the clerk or a deputy in attendance will be open during business hours on all days except Saturdays, Sundays, and nonjudicial days. The court may provide by rule or by order that the clerk’s office will be open for specified hours on Saturdays or on particular nonjudicial days. In exceptional circumstances, the court may provide by order for closure of the court for a limited period.

(b) Records.

(1) The Docket. The clerk must maintain a docket, in the form and style prescribed by the court, and must enter therein each case. Cases will be assigned consecutive file numbers. The file number of each case must 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 judgments will be entered chronologically in the docket on the folio assigned to the case. Entries will be brief but must show the nature of each paper filed or judgment or order entered. The entry of an order or judgment will show the date the entry is made. The clerk will keep a suitable index of cases contained in the docket.

(2) Calendar. The clerk will prepare, under the direction of the court, a calendar of cases awaiting argument. In placing cases on the calendar for argument, the clerk will give preference to appeals in criminal cases and to appeals and other proceedings entitled to preference by law.

(3) Other Records. The clerk will keep such other books and records as may be required from time to time by the court.

(c) Notice of Orders or Judgments. Upon the entry of an order or judgment, the clerk will immediately serve a notice of entry on each party. Service on a party represented by counsel will be made on counsel.

(d) Custody of Records and Papers. The clerk has custody of the court’s records and papers. Unless the court orders or instructs otherwise, the clerk must not permit an original record or paper to be taken from the clerk’s custody. Upon disposition of the case, original papers transmitted from a court or agency must be returned to the court or agency from which they were received. The clerk must preserve a copy of any briefs or other papers that have been filed. The transcript and appendices to the briefs must be retained for 90 days after issuance of the remittitur, and then may be destroyed.

(e) Office Location; Attendance at Court Sessions.

(1) The clerk’s office will be kept in Carson City, Nevada.

(2) The clerk or the clerk’s deputy will attend the sessions of the court.

(f) Fees. Except as provided in Rule 3(a) governing the filing of a notice of appeal, the clerk is not 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.

RULE 45A. REPEALED

[EFFECTIVE AUGUST 15, 2024]

advisory committee note.

SB 63, which was passed this year, amends the statutes regarding court seals. As amended, NRS 1.140, now reads:

1. Each court of justice in this State shall have a seal.

2. The Supreme Court shall adopt rules relating to the format of a seal required by subsection 1 and the use and storage of any such seal.

As a result of this amendment, the Supreme Court will have to adopt provisions regarding court seals that were previously contained in NRS 1.140-1.190. Since the rules regarding seals will apply to all courts of justice, and not just the appellate courts, it appears that the best place to adopt those rules will be in the SCR. In order to keep all of the rules regarding seals together, the subcommittee recommends repealing this Rule and including the language from this Rule, as well as language regarding the seal for the Court of Appeals, with the other rules regarding court seals to be added to the SCR. Repealing this Rule will not require renumbering other rules in the NRAP. The following is the language that the subcommittee suggests be added to the SCR.

SEALS OF THE APPELLATE COURTS

(a) Supreme Court. The seal of the Supreme Court must 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.

(b) Court of Appeals. The seal of the Court of Appeals is the Nevada State Seal, as described in NRS 235.010.

RULE 46. ATTORNEYS

(a) Practice Before Supreme Court or Court of Appeals—Bar Membership Required; Exceptions.

(1) Bar Membership Required. To represent a party before the Supreme Court or Court of Appeals, an attorney must be an active member of the State Bar of Nevada except as provided by SCR 42, 43, 49.1, 49.3, or 49.5 and subject to NRAP 46(a)(3).

(2) Appearance of Counsel. An attorney must appear in a case for that attorney to file documents in that case. Signing a notice of appeal or original petition or being listed as counsel for a party on the notice of appeal, original petition, or in the case appeal statement filed pursuant to Rule 3(f) will be treated as a notice of appearance for that attorney. Otherwise,counsel for each party must file a formal written notice of appearance as counsel of record on appeal within 14 days after service of the notice of appeal. An attorney who will participate in oral argument of a case must have filed a written notice of appearance with the clerk of the Supreme Court no later than 7 days before the date set for oral argument.

(3) Foreign Counsel. If foreign counsel has been granted permission to appear under SCR 42 upon a motion in district court, that attorney must file a copy of the district court’s order with the clerk of the Supreme Court. If foreign counsel appears before the Supreme Court or Court of Appeals in the first instance, that attorney must file a motion in the Supreme Court or Court of Appeals as provided by SCR 42. If foreign counsel is associated on the briefs or any other documents submitted for filing, all such briefs and documents must be signed by Nevada counsel, who will be responsible to the court for the content. If foreign counsel is associated upon oral argument, Nevada counsel must be present during oral argument and will be responsible to the court for all matters presented.

(b) Reserved.

(c) Appointment of Counsel—Indigent Criminal, Habeas Corpus Cases. In original proceedings before the court, only the court may appoint counsel or remand for the appointment of counsel to represent indigent criminal defendants and indigent habeas corpus petitioners.

(d) Withdrawal, Substitution, or Discharge of Attorney in Criminal Cases. The withdrawal, substitution, or discharge of an attorney in criminal cases pending before the Supreme Court or Court of Appeals is governed by this Rule.

(1) In General. After the filing of a notice of appeal or petition, any stipulation or motion that effects a change in the representation of a party to the appeal or petition must be filed with the clerk of the Supreme Court.

(2) Substitution. A substitution or change of counsel may be effected by serving and filing a substitution in the Supreme Court or Court of Appeals, signed by the affected attorneys and the client or, in lieu of the client’s signature, an affidavit or declaration of counsel stating that the client has been informed of and consents to the substitution. The Supreme Court or Court of Appeals may disapprove a nonconforming substitution.

(3) Withdrawal.

(A) An attorney who has been incorrectly added as counsel for a respondent or real party in interest upon docketing of the case can seek withdrawal from the case by filing and serving upon the appellant or petitioner a notice, within 14 days of docketing of the case, stating the attorney does not represent the respondent or real party in interest. If known, the notice must state the current address for the respondent or real party in interest. Within 14 days of service of such a notice, the appellant or petitioner must serve the respondent or real party in interest with a copy of the notice of appeal or petition and file proof of such service with the court. If no such notice is filed within 14 days of docketing of the case, withdrawal from the case may only be sought as set forth in Rule 46(d)(3)(B) and (C).

(B) The attorney must file a motion to withdraw with the clerk of the Supreme Court and serve a copy of the motion on the attorney’s client and any adverse party. The motion must clearly state whether counsel was appointed or retained and the reasons for the motion. Unless the motion is filed after judgment or final determination as provided in SCR 46, the motion must be accompanied by:

(i) in a direct appeal from a judgment of conviction in which the defendant is represented by retained counsel, an affidavit or signed statement from the defendant stating that the defendant has discharged retained counsel, the grounds for that discharge, and whether the defendant qualifies for appointment of new counsel;

(ii) in a direct appeal from a judgment of conviction in which the defendant is represented by appointed counsel, an affidavit or signed statement from the defendant stating that the defendant consents to appointed counsel’s being relieved and requesting appointment of substitute counsel; or

(iii) in a postconviction appeal, an affidavit or signed statement from the defendant stating that the defendant wants to proceed without counsel or with substitute counsel retained by defendant.

(C) A motion filed under this Rule that is not accompanied by defendant’s affidavit or signed statement must set forth the reasons for the omission. A motion that is filed after judgment or final determination as provided in SCR 46 will only be granted if the Supreme Court or Court of Appeals has issued a final decision in the matter and the time for filing a petition for rehearing has expired.

(4) Death or Suspension. Any party to a criminal appeal may notify the Supreme Court or Court of Appeals in writing when an attorney representing a party dies, or is removed or suspended, or ceases to act as an attorney.

(e) Withdrawal, Substitution, or Discharge of Attorney in Civil Cases. The withdrawal, substitution, or discharge of an attorney in a civil case pending before the Supreme Court or Court of Appeals is governed by this Rule.

(2) Substitution. A substitution or change of counsel may be effected by serving and filing a substitution with the clerk of the Supreme Court, signed by the client, the withdrawing attorney, and the substituted attorney. The Supreme Court or Court of Appeals may disapprove a nonconforming substitution.

(3) Withdrawal.

(B) The withdrawing attorney must file a motion and serve a copy of the motion on the attorney’s client and any adverse party. The motion must clearly state the reasons for the attorney’s withdrawal consistent with SCR 46 and RPC 1.16. A motion that is filed after judgment or final determination as provided in SCR 46 will only be granted if the Supreme Court or Court of Appeals has issued a final decision in the matter and the time for filing a petition for rehearing has expired.

(4) Suspension. When an attorney is suspended or ceases to act as an attorney, the attorney must notify the clerk of the Supreme Court in writing and serve a copy of the notice on the attorney’s client and any adverse parties. The notice must identify the name and address of any new counsel retained by the client or the current address for the client if no new counsel has been retained.

(5) Death. When an attorney dies, the attorney’s client must promptly notify the clerk of the Supreme Court in writing and serve a copy of the notice on any adverse parties. The notice must state that the client has retained new counsel or that the client will proceed without counsel if such is permitted under Rule 46A.

advisory committee NOTE.

The amendments to Rule 46(a)(2) clarify that an attorney must first have appeared in a case before the attorney can file a document in that case and to expand the kinds of documents that amount to a notice of appearance. Subdivisions (d)(3) and (e)(3) allow an attorney who was incorrectly added to the case for a respondent or real party in interest upon docketing to seek withdrawal by filing a notice.

RULE 46A. PARTIES APPEARING PRO SE

(a) In General. Except as otherwise provided in this Rule, a party may appear pro se and file written briefs and other papers submitted in accordance with these Rules. A party who is represented by counsel must proceed through counsel and is not permitted to file written briefs or other papers, in pro se, with the exception of a motion to remove counsel.

(b) Exceptions.

(1) Direct Appeal From a Judgment of Conviction. A defendant who is appealing from a judgment of conviction may not appear pro se.

(2) Corporations and Other Entities. A corporation or other entity may not appear pro se.

(c) Response Not Required. An opposing party is not required to respond to documents, including briefs, filed by a party appearing pro se unless ordered to do so by the Supreme Court or Court of Appeals. Except for motions described in Rules 27(b) and 46(d), the court generally will not grant relief without providing an opportunity to file a response.

(d) Return of Documents. The clerk of the Supreme Court will return any document submitted in violation of this Rule.

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, after giving appropriate public notice and opportunity for comment, may make and amend these Rules governing practice in the Supreme Court and Court of Appeals. In all cases not provided for by rule, the Supreme Court or Court of Appeals may regulate its practice in any manner consistent with law and justice. The clerk of the Supreme Court will cause a notice of entry of an order amending these Rules to be published in the official publication of the State Bar of Nevada.

(b) Drafting and Printing of Orders Amending Rules; Marking of New and Old Matter. In orders amending the Nevada Rules of Appellate Procedure, new matter will be indicated by underscoring or italics. Matter to be omitted will be indicated by brackets and boldface and strikethrough type. In subsequent orders, all matter appearing as omitted and bracketed in previously entered orders will be omitted entirely.

RULE 48. TITLE

These Rules shall be known and cited as the Nevada Rules of Appellate Procedure, or abbreviated NRAP.

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