Nevada Rules of Appellate Procedure – What are they?

The Nevada Rules of Appellate Procedure (a.k.a. “NRAP”) provides the rules and frameworks that judges, justices, court clerks, attorneys, and parties must follow in the

• Nevada Court of Appeals and
• Nevada Supreme Court.

The NRAP was originally adopted in 1973 and has been amended as recently as 2021. What follows is a summary of the NRAP’s rules:

Rule 1 – Scope, Construction of Rules

The NRAP governs the procedure for both Nevada’s Court of Appeals and Supreme Court.¹

Rule 2 – Suspension of Rules

Except as provided in NRAP 26(b), the court may suspend an NRAP provision

• to expedite its decision or
• for other good cause.²

Rule 3 – Appeal – How Taken

Filing a notice of appeal is required in order to appeal. The only exception is death penalty cases, where the appeal is automatic if the judge orders death.

Rule 3 also outlines the requirements for serving the notice of appeal. The current filing fee is $250.³

Rule 3A – Civil Actions: Standing to Appeal; Appealable Determinations

Asking for a new trial is not a prerequisite for filing an appeal. Rule 3A also lists which types of judgments are appealable in civil cases.⁴

Rule 3B – Criminal Actions: Rules Governing

Criminal case appeals are governed by not only NRAP but also:

• NRS 176.09183,
• NRS 177.015 to 177.305, and
• NRS 34.575.⁵

Rule 3C – Fast Track Criminal Appeals

Appeals are normally lengthy procedures, but Rule 3C outlines the procedures for “fast tracking” the process.⁶

Rule 3D – Judicial Discipline: Right to Appeal; How Taken; Rules Governing

All judges who have been disciplined have the right to appeal. Rule 3D outlines the procedure and timelines.⁷

Rule 3E – Fast Track Child Custody Appeals

This rule outlines the procedures and timelines related to child custody or visitation appeals, including for appellants who are pro se (unrepresented by counsel).⁸

Rule 4 – Appeal – When Taken

In general, notices of entry to appeal must be filed with the district court clerk within 30 days after the entry of written judgment or order.⁹

Rule 5 – Certification of Questions of Law

The Nevada Supreme Court may answer questions of law certified to it by a federal court. Rule 5 outlines the contents of the certification order and related procedures.¹⁰

Rule 6 – Reserved

Rule 7 – Bond for Costs on Appeal in Civil Cases

Appellants subject to costs on appeal must pay a $500 bond unless the district court rules otherwise.¹¹

Rule 8 – Stay or Injunction Pending Appeal or Resolution of Original Writ Proceedings

Motions to stay a court order must ordinarily be made in the district court, but this rule outlines scenarios where it is allowed to file the motion in the

• Court of Appeals or
• Supreme Court.¹²

Rule 9 – Transcript; Duty of Counsel; Duty of the Court Reporter or Recorder

Transcript requests must be filed with the district court clerk within 14 days from the date the appeal is docketed. (A file-stamped copy must also be filed with the Supreme Court clerk.)

The court reporter generally has 30 days to deliver the transcript.¹³

Rule 10 – The Record

The trial court record consists of the

• papers and exhibits filed in the district court,
• transcript of the proceedings,
• district court minutes, and
• docket entries made by the district court clerk.¹⁴

Rule 11 – The Preparing and Forwarding the Record

Upon request by the appellate court, the district court clerk must provide the appellate court clerk with the trial court record.¹⁵

Rule 12 – Docketing the Appeal; Filing of the Record

The Nevada Supreme Court clerk must immediately docket the appeal upon receiving copies of the notice of appeal. The clerk must also notify the parties of the docketing date.¹⁶

Rule 12A – Remand after an Indicative Ruling by the District Court on a Motion for Relief that is Barred by a Pending Appeal

The Nevada Supreme Court or Court of Appeal can remand a case to the district court if a timely motion is filed with the district court that

• the district court would grant or
• raises a substantial issue.¹⁷

Rule 13 – Court Reporters’ and Recorders’ Duties and Obligations; Sanctions

Court reporters and recorders who fail in their duties can be found in contempt of court.¹⁸

Rule 14 – Docketing Statement

With some exceptions, appellants must file a completed docketing statement in order to help the Nevada Supreme Court:

• identify jurisdictional defects,
• identify issues on appeal,
• assess presumptive assignment to the Court of Appeals under NRAP 17,
• schedule cases for oral argument and settlement conferences,
• classify cases for expedited treatment and assignment to the Court of Appeals, and
• compile statistical information.¹⁹

Rule 15 – Repealed

Rule 16 – Settlement Conferences in Civil Appeals

All civil appeals may be assigned to the settlement conference program (mediation) unless

• one of the parties is not represented by counsel, or
• the case involves the termination of parental rights.²⁰

Rule 17 – Division of Cases between the Supreme Court and the Court of Appeals

The Nevada Supreme Court has jurisdiction over:

• all death penalty cases,
• cases involving ballot or election questions;
• cases involving judicial discipline;
• cases involving attorney admission, suspension, discipline, disability, reinstatement, and resignation;
• cases involving the approval of prepaid legal service plans;
• questions of law certified by a federal court;
• disputes between branches of government or local governments;
• administrative agency cases involving tax, water, or public utilities commission determinations;
• cases originating in business court;
• cases involving the termination of parental rights or NRS Chapter 432B;
• matters raising as a principal issue a question of first impression involving the United States or Nevada Constitutions or common law; and
• matters raising as a principal issue a question of statewide public importance, or an issue upon which there is an inconsistency in the published decisions of the Court of Appeals or of the Supreme Court or a conflict between published decisions of the two courts.

Cases that are presumptively assigned to the Court of Appeals are:

• appeals from a judgment of conviction based on a plea of guilty, guilty but mentally ill, or nolo contendere (Alford);
• appeals from a judgment of conviction based on a jury verdict that: do not involve a conviction for any offenses that are category A or B felonies; or challenge only the sentence imposed and/or the sufficiency of the evidence;
• postconviction appeals that involve a challenge to a judgment of conviction or sentence for offenses that are not category A felonies;
• 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;
• appeals from a judgment, exclusive of interest, attorney fees, and costs, of $250,000 or less in a tort case;
• cases involving a contract dispute where the amount in controversy is less than $75,000;
• appeals from postjudgment orders in civil cases;
• cases involving statutory lien matters under NRS Chapter 108;
• administrative agency cases except those involving tax, water, or public utilities commission determinations;
• cases involving family law matters other than termination of parental rights or NRS Chapter 432B proceedings;
• appeals challenging venue;
• cases challenging the grant or denial of injunctive relief;
• pretrial writ proceedings challenging discovery orders or orders resolving motions in limine;
• cases involving trust and estate matters in which the corpus has a value of less than $5,430,000;
• cases arising from the foreclosure mediation program; and
• any case assigned by the Nevada Supreme Court.²¹

Rule 18 – Reserved

Rule 19 – Reserved

Rule 20 – Reserved

Rule 21 – Writs of Mandamus and Prohibition and Other Extraordinary Writs

Rule 21 outlines the content-, filing- and service requirements for writs. Emergency writs request relief within 14 days.

In general, petitioners have to pay a $250 filing fee. An affidavit must be filed with the petition.²²

Rule 22 – Habeas Corpus Proceedings

Writs of habeas corpus should be filed with the appropriate district court. If it is denied, then the petitioner can appeal.²³

Rule 23 – Custody of Prisoners in Habeas Corpus Proceedings

The court has discretion to detain or release defendants (with or without bond) while a habeas corpus petition is under review.²⁴

Rule 24 – Proceedings in Forma Pauperis

Rule 24 specifies the procedures indigent parties must follow if they wish to pursue an appeal without paying court costs.²⁵

Rule 25 – Filing and Service

Rule 25 specifies the procedures for filing and serving court documents with the Nevada Supreme Court.²⁶ (Most documents are now filed and served electronically.)

Rule 25A – Court Composition, Session, Quorum and Adjournments

The Supreme Court is comprised of seven justices. (A panel consists of three justices.)

Meanwhile, the Court of Appeals consists of three judges.²⁷

Rule 26 – Computing and Extending Time

The grant can grant extensions of time

• for good cause shown or
• if the parties stipulate to an extension.²⁸

Rule 26.1 – Disclosure Statements

Every attorney to a proceeding in the court must file a statement

• identifying all its parent corporations;
• listing any publicly held company that owns 10% or more of the party’s stock or states that there is no such corporation; and
• disclosing the names of all law firms whose partners or associates have appeared for the party or are expected to appear in this court.²⁹

Rule 27 – Motions

Responses to motions must be filed within seven days after service of the motion (unless the court says otherwise). Replies must be filed within seven days after service of the response.

Unless the court says otherwise, motions and responses must be 10 pages maximum, and replies must be five pages maximum.³⁰

Rule 28 – Briefs

Rule 28 specifies in detail the required contents and procedures regarding appellant briefs, respondent briefs, and reply briefs.³¹

Rule 28.1 – Cross-Appeals

The rules for cross-appeals largely resemble those for appeals with some modifications. It also specifies deadlines in cross-appeal cases involving child custody or visitation.³²

Rule 28.2 – Attorney’s Certificate

All briefs must contain a certificate signed by at least one attorney of record with the Nevada State Bar (unless the party is unrepresented by counsel).³³

Rule 29 – Brief of an Amicus Curiae

Amicus briefs can be filed only with permission of the court. However, governmental entities do not need permission to file an amicus brief.³⁴

Rule 30 – Appendix to the Briefs

The parties’ attorneys must confer and attempt to agree on a joint appendix. If they cannot agree, the parties can file separate appendices to their briefs.

Each volume of the appendix is limited to 250 pages, and they must be filed with brief.³⁵

Rule 31 – Filing and Service of Briefs

In general, the appellant’s opening briefs must be filed within 120 days of the date the appeal is docketed. The response brief must be filed within 30 days of the opening brief. The appellant then has 30 days to file a reply brief.³⁶

Rule 32 – Forms of Briefs, the Appendix and Other Papers

Appellants must adhere to specific requirements in their briefs with regard to paper quality, ink color, typefaces, covers, and bindings. In non-capital cases, briefs must not exceed 30 pages (replies cannot exceed 15 pages).³⁷

Rule 33 – Appeal Conferences

The court may direct the parties’ attorneys to appear before the court for a conference to address any matter that may aid in disposing of the proceedings.³⁸

Rule 34 – Oral Argument

At the court’s discretion, each party will get 15 or 30 minutes for oral argument.³⁹

Rule 35 – Disqualification of a Justice or Judge

Parties have 60 days after the docketing of the appeal to file a motion to disqualify a judge or justice. A response must be filed within 14 days of the motion.⁴⁰

Rule 36 – Entry of Judgment

Court rulings on appeal may be published or unpublished. Only published opinions may be used as legal precedents.⁴¹

Rule 37 – Interest on Judgments

When the court affirms a money judgment in a civil case, whatever interest is allowed by law is payable from the date of the district court’s entry of judgment.⁴²

Rule 38 – Frivolous Civil Appeals – Damages and Costs

The court can impose financial sanctions if it determines that an appeal is frivolous.⁴³

Rule 39 – Costs

In civil cases, the following rules apply unless the court orders otherwise:

• if an appeal is dismissed, costs are taxed against the appellant, unless the parties agree otherwise;
• if a judgment is affirmed, costs are taxed against the appellant;
• if a judgment is reversed, costs are taxed against the respondent;
• if a judgment is affirmed in part, reversed in part, modified, or vacated, costs are taxed only as the court orders.⁴⁴

Rule 40 – Petition for Rehearing

Parties can petition for a rehearing within 18 days after the filing of the appellate court’s decision. Rehearings are available only when

• the court has overlooked or misapprehended a material fact in the record or a material question of law in the case, or
• the court has overlooked, misapplied or failed to consider a statute, procedural rule, regulation or decision directly controlling a dispositive issue in the case.⁴⁵

Rule 40A – Petition for En Banc Reconsideration

En banc reconsideration (a rehearing before all seven justices of the Nevada Supreme Court) will not be ordered unless:

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.

Any party may petition for en banc reconsideration of a Supreme Court panel’s decision within 14 days after written entry of the panel’s decision to deny rehearing.⁴⁶

Rule 40B – Petition for Review by the Supreme Court

The aggrieved party of a Court of Appeals decision may file a petition for review with the Nevada Supreme Court. In determining whether to grant review, the Nevada Supreme Court will consider whether:

• the question presented is one of first impression of general statewide significance;
• 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; or
• the case involves fundamental issues of statewide public importance.

A petition for review of a decision of the Court of Appeals must be filed in the Supreme Court within 18 days after the filing of the Court of Appeals’ decision.⁴⁷

Rule 41 – Issuance of Remittitur; Stay of Remittitur

A party may file a motion to stay the remittitur pending application to the U.S. Supreme Court for a writ of certiorari.⁴⁸

Rule 42 – Voluntary Dismissal

The appellate clerk may dismiss an appeal or other proceeding if the parties file a signed dismissal agreement specifying how costs are to be paid and pay any fees that are due.⁴⁹

Rule 43 – Substitution of Parties

Rule 43 spells out the notice requirements for substitution of parties (such as if a party dies before the matter is resolved).⁵⁰

Rule 44 – Cases Involving Constitutional Questions Where State Is Not a Party

If a party questions the constitutionality of an Act of the Legislature, they shall give written notice to the Nevada Supreme Court clerk immediately upon the filing of the docketing statement or as soon as the question is raised in the court.⁵¹

Rule 45 – Clerk’s Duties

Rule 45 outlines the Supreme Court clerk’s duties regarding records, judgments, records, and attendance.⁵²

Rule 45A – Seal of the Supreme Court

The seal of the Supreme Court is:⁵³

Rule 46 – Attorneys

Only active Nevada State Bar members may practice before the Nevada Supreme Court and Court of Appeals unless they are granted pro hac vice privileges.⁵⁴

Rule 46A – Parties Appearing without Counsel

Parties who are represented by counsel generally cannot file written briefs or other papers without counsel.⁵⁵

Rule 47 – Rules of Appellate Practice

A quorum of Supreme Court justices (four minimum) may amend the NRAP.⁵⁶

Rule 48 – Title

The foregoing is called the Nevada Rules of Appellate Procedure (NRAP for short).⁵⁷

Appendix of Forms

The appendix contains forms for the following:

• Notice of Appeal to the Supreme Court From a Judgment or Order of a District Court
• Case Appeal Statement
• Transcript Request Form
• Affidavit and Order to Accompany Motion for Leave to Appeal in Forma Pauperis
• Request for Rough Draft Transcript of Proceeding in the District Court
• Fast Track Statement
• Fast Track Response
• Notice of Withdrawal of Appeal
• Certificate of Compliance
• Settlement Statement
• Request for Rough Draft Transcript of Child Custody Proceeding in the District Court
• Child Custody Fast Track Statements
• Child Custody Fast Track Response
• Certificate of No Transcript Request
• Notice of Completion and Delivery of Transcript
• Certificate of Compliance Pursuant to Rules 40 and 40A
• Pro Se Request for Transcript of District Court Hearing or Trial

See our related article, The Nevada Rules of Criminal Procedure – What are they?

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