Frequently Asked Questions
Frequently Asked Questions
Please use the links below to help you navigate to the answer to your question.
- Communicating with the Court
- Filing the Notice of Appeal
- Questions About Your Attorney
- Proceeding Without an Attorney
- Filing Documents
- Motions in General
- Motions for Extensions of Time
- Filing & Fee Info
- Writ Petitions
A
Communicating with the Court
What does the Supreme Court do?
The primary constitutional function of the Supreme Court is to review appeals from decisions of the District Courts. The Supreme Court determines if legal errors were committed that require reversal or if evidence was sufficient to support the trial court judgment or order. The Court may affirm, modify or reverse the judgment or order that was appealed.
In many cases the Supreme Court corrects errors or affirms the law by issuing written “opinions” giving its reasons for the decisions. These opinions, which interpret the law and define statutes, are a major source for the laws that govern Nevada. The opinions of the Supreme Court are published annually as the Nevada Reports.
The Supreme Court has other important responsibilities, such as establishing committees to study and recommend improvements in Nevada’s judicial system. Another significant duty of the Supreme Court is its supervision of the legal profession - both with regard to the admission of new lawyers and the imposition of discipline for lawyers who have violated the rules governing their professional conduct. The Justices also sit as commissioners of the state’s Board of Pardons.
Where is the court located and what are its hours?
The Nevada Supreme Court is located at 201 South Carson Street in Carson City, Nevada. The Court’s hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday, except for holidays.
How do I ask questions of the court?
Members of the Nevada State Bar and the public are free to visit or call the Supreme Court to ask general questions about the Court or the appellate process, to inquire about the status of a pending case, or to examine public case files. Generally, all communication with the court should be made through the clerk’s office. The clerk’s office telephone number is (775) 684-1600.
Any inquiries regarding the status of an appeal, writ proceeding, or pending motion will be answered by a person in the clerk’s office who is trained to answer general questions regarding the status of a case or of a particular pending matter such as a motion. However, please read the applicable Nevada Rules of Appellate Procedure or Supreme Court Rules and, if necessary, annotations to the rules before calling. The Court’s staff is not available to do your research or read the rules to you.
Additionally, individuals may use the public portal to view and print documents filed in the Supreme Court. To access the public portal, go to the main Supreme Court web page and click on “Case Search.” Searches may be conducted by docket number or by participant name. Nearly all documents are available online, with the exception of documents deemed confidential or sealed by court order. There is no charge for access to the public portal.
Can I talk with a Justice directly, or write them a letter?
Members of the bar and the public should not contact the Justices, their law clerks or Central Staff attorneys directly regarding any matters related to cases pending before the court. All questions and letters should be directed to the Clerk’s Office.
How do I obtain copies of documents in the court’s files?
Copies of documents available through the public portal may be printed by the user for no charge. Clerk’s office staff will make copies of public, filed documents for a copying fee of $1 per page. Generally, any requests for copy work must be accompanied by payment. When requesting copies, please have the Case Name and/or Docket Number handy, as this will expedite your request.
Filing the Notice of Appeal
Which orders or judgments can I appeal to the Supreme Court?
Generally, an appeal may be taken only from the final judgment of the district court. NRAP 3A(b)(1). However, you may appeal from certain other orders as provided by law. See, for example, NRAP 3A(b)(2)-(4).
Where and when do I file a Notice of Appeal?
Appeals permitted by law from district courts to the Supreme Court are commenced by filing a notice of appeal with the clerk of the district court within the time allowed by NRAP 4(a) (civil) or NRAP 4(b) (criminal).
What should I include in the Notice of Appeal?
The notice of appeal must specify the party or parties taking the appeal, designate the judgment, order or part thereof appealed from, and name the court to which the appeal is taken. NRAP 3(c). Form 1 in the Appendix of Forms following the Nevada Rules of Appellate Procedure is a suggested form of a notice of appeal. The notice of appeal must contain an acknowledgment of service or proof of service on all parties to the district court action. NRAP 3(d).
Am I required to file any other documents with the Notice of Appeal?
Any notice of appeal presented to the district court clerk for filing must be accompanied by a Case Appeal Statement. NRAP 3(f)(1) If the notice of appeal is filed in proper person, the district court clerk shall complete and sign the case appeal statement. NRAP 3(f)(2). The case appeal statement must be completed fully and accurately and must substantially comply with Form 2 in the Appendix of Forms following the Nevada Rules of Appellate Procedure.
Questions About Your Attorney
How do I find an attorney who can handle my appeal?
Because the filing of an appeal is a complex process, it is recommended that any person filing or responding to an appeal be represented by a licensed Nevada attorney. If you are not represented and would like to retain an attorney who specializes in appeals, you may contact the Lawyer Referral and Information Service of the State Bar of Nevada at www.nvbar.org or at 1-800-789-5747.
What if I have a complaint about my attorney?
All complaints about attorneys must be filed with the State Bar of Nevada. The website of the State Bar of Nevada at www.nvbar.org contains detailed instructions on how to file a complaint.
Proceeding Without an Attorney
May I file an appeal without being represented by an attorney?
Because the filing of an appeal is a complex process, it is recommended that any person taking or responding to an appeal be represented by a licensed Nevada attorney. However, if a person cannot afford to retain an attorney and otherwise qualifies to take an appeal, that person may file a notice of appeal “in proper person” in accordance with the Nevada Rules of Appellate Procedure.
If I am not represented by an attorney, may I file documents in my appeal?
Generally, unrepresented parties may file documents in their appeals. NRAP 46A. However, there are exceptions. A defendant who is appealing from a judgment of conviction may not appear without counsel. NRAP 46A(b)(1). Also, a corporation or other entity may not appear without counsel. NRAP 46A(b)(2).
Filing Documents
Where do I file documents?
All motions, briefs, appendices and other papers must be filed with the office of the clerk of the Supreme Court at 201 South Carson Street, Suite 201, Carson City, Nevada, 89701-4702. NRAP 25(l); NRAP 27. The Court’s hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday, except for holidays.
Attorneys licensed in Nevada may file documents electronically by registering for the use of the Supreme Court’s electronic filing system. To register for an account, go to the Supreme Court website at https://nvcourts.gov/supreme, click on “Case Information” and then click on “Appellate Courts Efiling.”
Can I file documents in Las Vegas?
No. However, documents may be submitted for filing by placing them in the Supreme Court drop box located at 408 East Clark Ave., Las Vegas 89101. Simply stamp your documents with the time stamp on top of the drop box and place them in an envelope (you should provide your own envelope) before dropping in the box. The documents will be forwarded to the Supreme Court Clerk’s Office in Carson City for processing.
Do I have to file documents in person, or may they be mailed?
Documents may be filed in one of several ways: (1) U.S. Postal Service; (2) personal delivery at the Supreme Court in Carson City; (3) third-party commercial carrier; (4) the Supreme Court drop box in Las Vegas, or (5) using this Court’s EFlex Electronic Filing System (attorneys only). A document is timely filed if, on or before the last day of filing, it is: (1) mailed to the clerk by First-Class Mail, or other class of mail that is at least as expeditious, postage, prepaid; or (2) dispatched to the clerk for delivery within three calendar days by a third-party commercial carrier. NRAP 25(1).
May I file a document by faxing it to the court?
Fax is allowed only for motions to stay a death penalty. It is allowed otherwise “only in cases of emergency and only if an oral request has first been tendered to the clerk and approved, upon a showing of good cause, by any justice or the clerk.” NRAP 25(a)(4). If permission is granted to file a motion by fax, the movant must also serve the opposing party by fax and by mail. The original document, with proof of service, must be filed within three days. NRAP 25(a)(4)(D).
Motions in General
When should I file a motion with the Supreme Court?
Any requests for relief must be presented to the Supreme Court in a formal, written motion filed with the clerk. Request for relief may not be presented by way of an informal letter addressed to the justices or to the clerk of the court. See In re Petition to Recall Dunleavy, 104 Nev. 784, 769 P.2d 1271 (1988).
Does a motion have to be in a specific form?
A motion must be in writing and must contain a caption setting forth the name of the court, case title, docket number and a brief descriptive title. NRAP 27(d).
A motion must state succinctly the order or relief sought and grounds on which it is based. NRAP 27(a).
Points and authorities and affidavit: Points and authorities should cite to appropriate court rule or case law supporting the relief sought. If motion refers to factual matters, circumstances or events which may be controverted or outside record, the motion should be supported by affidavit.
Notice of motion, request for submission of motion or proposed order resolving motion need not be filed.
What about service of a motion?
All motions must be accompanied with proof of service. NRAP 25(d); NRAP 27. A motion may be filed without proof of service. However, the court will require such proof to be filed promptly thereafter. NRAP 25(d)(3).
Where and how do I file my motion?
Please see the Category under Frequently Asked Questions entitled “FILING OF DOCUMENTS AND OTHER PAPERS.”
If I am served with a motion, may I file an opposition?
Any party may file a response in opposition to a motion within seven (7) days after service of motion. NRAP 27(a). If the motion was served by mail, the opposition may be filed within ten (10) days after service of the motion. NRAP 26(c).
The court may rule on a motion for a procedural order without awaiting a response. NRAP 27(b). An opposition filed after entry of order granting motion may be treated as a request for reconsideration of the order. NRAP 27(b).
May I file a reply to an opposition?
A reply to a response to a motion may be filed under NRAP 27(a)(4). Any reply must be filed within 7 days after service of the response, and it cannot present matters not related to the response.
Motions for Extensions of Time
What are the requirements for a motion to extend time?
All motions for extensions of time must: (1) be filed on or before the due date which the motion seeks to extend; (2) set forth the reasons for the requested extension; (3) be served on all parties; and (4) set forth the exact length of additional time requested, e.g., until May 1, 2023, or thirty days from due date. NRAP 26(b).
Can the parties file a stipulation to extend time?
Yes. However, any stipulation to extend the time to file a motion or other document is not effective unless approved by the court in an order. NRAP 26(b)(2). Any such stipulation must be filed before expiration of the time period which is sought to be extended and must be signed by counsel for all parties. NRAP 26(b)(2).
How do I obtain an extension in the briefing schedule?
The filing of any brief may be extended once for thirty (30) days beyond the due date established by the rule with the filing of a timely, written motion or stipulation approved by the court. NRAP 31(b); NRAP 26(b).
Thereafter, a motion for an extension of time must be filed and based on good cause. Any subsequent extensions of time will generally be granted only upon demonstration of extreme and unforeseeable circumstances.
Briefing in death penalty cases governed by SCR 250(6). The court may grant an extension of time of up to 60 days “upon a showing of good cause.” Additional extensions will be granted “upon a showing of extraordinary circumstances and extreme need.”
Are there different requirements for filing a motion to extend the time to file a fast track statement or response?
Yes. The clerk of the Supreme Court may grant one seven-day telephonic extension of time to file a fast track statement or response, upon a showing of good cause, pursuant to a request. Subsequent motions for extensions of time shall be granted only upon written motion filed with the Supreme Court. NRAP 3C(i)(2).
Can I file a motion to extend time to file a docketing statement?
Yes. But note that a motion to extend time to file the docketing statement will be granted “only for the most compelling reasons.” NRAP 14(d).
What are the requirements for extending the time to file a transcript?
In fast track appeals, the clerk of the Supreme Court may grant the court reporter one seven-day telephonic extension of time to file a rough draft transcript, upon a showing of good cause. NRAP 3C(i)(1). Additional extensions of time shall be granted only upon written motion demonstrating good cause.
In all other appeals, the court reporter (not counsel) must file a motion with the supreme court. NRAP 9(c)(4)(A). The motion must be supported by the court reporter’s affidavit. NRAP 9(c)(4)(B). The motion will be granted only upon a showing of good cause.” NRAP 9(c)(4)(D).
Filing And Fees
All documents must be submitted to the Supreme Court Clerk’s Office in Carson City.
Document Filing Instructions
Review number of copies required for filing.
Clearly mark “Original” of document submitted for filing.
All documents submitted for filing must have proof of service attached.
If you want a file-stamped copy of a document returned by mail, you must provide an additional copy and an envelope with postage.
Please call this office if you are uncertain of the number of copies required.
Faxing Documents
No documents may be faxed directly to the Clerk unless prior permission is granted per NRAP 25(a)(4). Documents faxed without permission will be returned.
Number of Copies Required for Filing (if not using the Court’s EFlex Electronic Filing System)
- Petition for Writ - original + 2 copies
- Appendix to Petition for Writ - 2 copies
- Docketing Statement - original + 2 copy
- Request for Transcript - original filed with the district court + 1 copy with the supreme court clerk
- Brief - original + 2 copies
- Appendix to Brief - 1 copy
- Fast Track Statement/Response - original + 1
- Fast Track Appendix – original + 1 copy (appendix must be separately bound)
- Motion - original + 1 copy
- Response/Opposition to Motion - original + 1 copy
- Motion to Dismiss - original + 1 copy
- Petition for Rehearing (or opposition) - original + 5 copies
- Petition for Rehearing of an en banc decision (or opposition) - original + 9 copies
- Petition for En Banc Reconsideration of a panel decision (or opposition) - original + 8
- Petition for Review by the Supreme Court - original + 9 copies
- Notice of Entry of Order - not required
Fees
| Filing Fees - NRS 2.250 | |
|---|---|
| Notice of appeal | $250.00 |
| Notice of cross-appeal | $250.00 |
| Petition for extraordinary writ | $250.00 |
| Petition for review: re admission to the bar (SCR 51.5(7)) | $250.00 |
| Criminal Proceedings and habeas corpus petitions | No Fee |
| Petition for Rehearing | $150.00 |
| No fees may be charged by the clerk in any action brought in or to the Supreme Court wherein the State of Nevada or any county, city or town thereof, or any office or commission thereof is a party in his or its official representative capacity, against the State of Nevada, county, city, town, officer or commission. | |
| Admission Fees | |
| Admission fee for license to practice law | $25.00 |
| Replacement license | $50.00 |
| Subscription Fees | |
| Advance opinions, Nevada Reports, annual subscription | $60.00 |
| Less than six months | $30.00 |
| Advance opinion in pamphlet form (per copy) | $2.00 |
| Copy Fees | |
| Per page | $1.00 |
| Certified copies (per certification) | $5.00 |
| Printed copies of rule amendments (per order) | $2.00 |
| Duplication of audio commission hearing or other digital file(s) on CD | $40.00 |
Writ Petitions
Although appeals are generally reserved for review of a district court’s final judgment, sometimes a district court’s interlocutory order or ruling requires earlier review. In such instances, and upon petition, the Nevada Supreme Court has the discretion to exercise its powers of extraordinary review - the most common being petitions for writs of mandamus, prohibition, and certiorari.
Is there a time period within which I must file a writ petition?
No. There are no express time limitations for filing a writ petition. However, because a writ petition is an extraordinary remedy, it is subject to the doctrine of laches. See State v. Dist. Ct., 116 Nev. 127, 994 P.2d 692 (2000).
Are there specific requirements as to the form of a writ petition?
There are no express requirements as to the form of a writ petition. However, the form and content requirements for a brief should generally be followed in preparing a writ petition. See NRAP 21(a); NRAP 32.
What documents or other matters must I submit with my writ petition?
- $250 filing fee;
- The affidavit of the party beneficially interested or the affidavit of petitioner’s attorney, NRS 34.170, 34.030, 15.010(1) and (2);
- Proof of service on the respondent, whether the respondent is a district judge, or another court or governmental entity or officer. NRAP 21;
- Proof of service on all parties to the action in the trial court, NRAP 21;
- An Appendix containing copies of the order or ruling being challenged, as well as all parts of the lower court record which may be essential to an understanding of the matters set forth in the writ petition. NRAP 21(a)(4).