rev 9/5/2020

LESSON PART ONE

RULES 1 - 31

NEVADA RULES OF APPELLATE PROCEDURE

ADOPTED BY THE SUPREME COURT OF NEVADA

____________

 

Effective July 1, 1973

and Including

Amendments Through June 8, 2020

 

PREFACE

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      Pursuant to its rule-making powers (NRS 2.120), the Supreme Court of Nevada in 1970 appointed the undersigned Committee to study that part of the Supreme Court Rules governing practice and procedure in the Supreme Court, and to propose amendments or revision.

 

      On January 24, 1972, the Committee submitted to the Court a report of its activities and recommended adoption of a complete revision of the rules governing practice and procedure, to be known as Nevada Rules of Appellate Procedure. The Court referred back to the Committee certain minor amendments which were then integrated into the proposed draft.

 

      The format of the Federal Rules of Appellate Procedure was chosen as particularly harmonious with the Federal Rules of Civil Procedure (governing practice and procedure in the lower courts), the latter having been adopted earlier and successfully used in Nevada. Also convenient to the lawyer is the similarity of these rules to those in use in the U.S. Courts of Appeals. The federal numbering system is preserved to facilitate research and amendment.

 

      In the opinion of the Committee, the bar should experience little difficulty in transition from practice under SCR to practice under these rules.

 

 

ADVISORY COMMITTEE FOR NEVADA

RULES OF APPELLATE PROCEDURE

 

Harry E. Claiborne                                                       Peter D. Laxalt

Jon R. Collins                                                               Maurice J. Sullivan

Rex A. Jemison                                                            Louis J. Wiener, Jr.

Earl M. Hill, Chairman

 

AMENDED ORDERS ADOPTING NEVADA RULES OF APPELLATE PROCEDURE

____________

      Pursuant to the appellate authority vested in this Court by Section 4 of Article 6 of the Constitution of the State of Nevada, and the rule-making authority vested in this Court by NRS 2.120, the Supreme Court of the State of Nevada has adopted new rules governing appellate practice before this Court, and has heretofore on March 7, 1973, entered an order adopting such rules and directing their publication. Said order of March 7, 1973, is amended and superceded by this order. Good cause appearing,

 

      IT IS ORDERED:

 

      1. That the Rules hereto annexed as Exhibit “A,” to be known as the Nevada Rules of Appellate Procedure, be, and they are hereby prescribed to govern the procedure in appeals from the District Courts and in applications for writs and other relief which the Supreme Court or a justice thereof is competent to give. The full text of the Nevada Rules of Appellate Procedure, a copy of which is hereto annexed as Exhibit “A,” is hereby by reference incorporated herein.

 

      2. That the foregoing rules shall take effect on the 1st day of July, 1973, and shall govern all proceedings and appeals and extraordinary writs hereafter taken, and in all such proceedings therein pending, except to the extent that in the opinion of the Supreme Court their application in a particular proceeding then pending would not be feasible or would work an injustice, in which case the former procedure may be followed.

 

      3. That Rule 6 and 81 of Nevada Rules of Civil Procedure of the District Courts of Nevada be, and they are hereby, amended effective the 1st day of July, 1973, as set forth in Exhibit “B” hereto annexed and hereby by reference incorporated herein.

 

      4. That all of Rules 72, 73, 74, 75, 76 and 76A of the Nevada Rules of Civil Procedure for the District Courts of Nevada, and Form 27 annexed to the said rules, be, and they hereby are, abrogated, effective the 1st day of July, 1973.

 

      5. That Rules 6 to 38, inclusive, of the Supreme Court Rules, be, and they hereby are, abrogated, effective the 1st day of July, 1973.

 

      6. That the Nevada Rules of Appellate Procedure shall appear in the April, 1973 issue of the Nevada State Bar Journal, which shall constitute publication of such rules as required by NRS 2.120, and the official Appellate Procedure Rules of this Court until amended by further order of this Court.

 

      DATED this 15th day of March, 1973.

 

BY THE COURT

 

s/ Gordon Thompson

Gordon Thompson, Chief Justice

 

s/ John Mowbray                                                      s/ E. M. Gunderson

John Mowbray, Associate Justice                                       E. M. Gunderson, Associate Justice

 

s/ Cameron Batjer                                                   s/ David Zenoff

Cameron Batjer, Associate Justice                                     David Zenoff, Associate Justice

NEVADA RULES OF APPELLATE PROCEDURE

____________

 

 

I. APPLICABILITY OF RULES

RULE 1. SCOPE, CONSTRUCTION OF RULES

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

 

      (b) Rules Not to Affect Jurisdiction. These Rules shall 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 shall 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 shall not in any manner affect the scope, meaning or intent of any of the provisions of these Rules.

 

      (e) Definitions of Words and Terms. In these Rules, unless the context or subject matter otherwise requires:

 

      (1) “Appellant” includes, if appropriate, a petitioner.

 

      (2) “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 include such party’s attorney of record. Whenever under these Rules a notice or other paper is required to be given or served on a party, such notice or service shall be made on his attorney of record if he has one.

 

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

 

      (7) “Pro se” refers to a party acting on his or her 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” is mandatory and “may” is permissive.

 

      (10) The past, present and future tense shall each include the others; the masculine, feminine and neuter gender shall include the others; and the singular and plural numbers shall each include the other.

      [As amended; effective October 1, 2015.]

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).

      [As amended; effective January 20, 2015.]

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) Deficient Notice of Appeal. The district court clerk must file appellant’s notice of appeal despite perceived deficiencies in the notice, including the failure to pay the district court or Supreme Court filing fee. The district court clerk shall apprise appellant of the deficiencies in writing, and shall send the notice of appeal to the Supreme Court in accordance with subdivision (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 shall 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 shall:

             (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

             (C) name the court to which the appeal is taken.

 

      (2) 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.

 

      (3) Form 1 in the Appendix of Forms is a suggested form of a notice of appeal.

 

      (d) Serving the Notice of Appeal.

 

      (1) In General. The appellant shall serve the notice of appeal on all parties to the action in the district court. Service on a party represented by counsel shall be made on counsel. If a party is not represented by counsel, appellant shall serve the notice of appeal on the party at the party’s last known address. The appellant must note, on each copy, the date when the notice of appeal was filed. The notice of appeal filed with the district court clerk shall 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, appellant’s counsel shall also serve a copy of the notice of appeal on the defendant, either by personal service or by mail addressed to the defendant. In criminal appeals governed by Rule 3C, appellant’s trial counsel must comply with the provisions of this Rule and Rule 3C(c) governing service of the notice of appeal.

 

      (e) 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. Except for amended notices of appeal filed under Rule 4(a)(7), the Supreme Court filing fee is $250 for each notice of appeal filed.

 

      (f) Case Appeal Statement.

 

      (1) Appellant’s Duty to File Case Appeal Statement. Upon filing a notice of appeal, the appellant shall 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 shall 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;

             (C) the name of each appellant and the name and address of counsel for each appellant;

             (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 subparagraph (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 appeal involves child custody 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 Form 2 in the Appendix of Forms.

 

      (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 shall immediately forward to the clerk of the Supreme Court the required filing fee, together with 3 certified, file-stamped copies of the following documents:

       the notice of appeal;

       the case appeal statement;

       the district court docket entries;

       the civil case cover sheet, if any;

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

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

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

       the minutes of the district court proceedings; and

       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 shall nonetheless forward the notice of appeal together with all documents then on file with the clerk.

             (C) The district court clerk shall promptly forward any later docket entries to the clerk of the Supreme Court.

 

      (2) Appellant’s Duty. An appellant shall take all action necessary to enable the clerk to assemble and forward the documents enumerated in this subdivision.

      [As amended; effective March 1, 2019.]

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) An order granting or denying a motion for a new trial.

 

      (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 only when a notice of appeal from the order is filed within 30 days.

             (A) Such an order may only be reviewed upon a timely direct appeal from the order and may not be reviewed on appeal from the judgment in the action or proceeding or otherwise. On motion of any party, the court granting or refusing to grant a motion to change the place of trial of an action or proceeding shall enter an order staying the trial of the action or proceeding until the time to appeal from the order granting or refusing to grant the motion to change the place of trial has expired or, if an appeal has been taken, until the appeal has been resolved.

             (B) Whenever an appeal is taken from such an order, the clerk of the district court shall 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 shall require its court reporter to expedite the preparation of the transcript in preference to any other request for a transcript in a civil matter. When the appeal is docketed in the court, it stands submitted without further briefs or oral argument unless the court otherwise orders.

 

      (7) An order entered in a proceeding that did not arise in a juvenile court that finally establishes or alters the custody of minor children.

 

      (8) A special order entered after final judgment, excluding an order granting a motion to set aside a default judgment under NRCP 60(b)(1) when the motion was filed and served within 60 days after entry of the default judgment.

 

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

      [As amended; effective January 20, 2015.]

RULE 3B. CRIMINAL ACTIONS: RULES GOVERNING

      Appeals from district court determinations in criminal actions shall be governed by these Rules and by NRS 176.09183, NRS 177.015 to 177.305, and NRS 34.575. All appeals in capital cases are also subject to the provisions of SCR 250. Rule 3C applies to all other direct and postconviction criminal appeals, except those matters specifically excluded by Rule 3C(a).

      [As amended; effective October 1, 2015.]

RULE 3C. FAST TRACK CRIMINAL APPEALS

      (a) Applicability.

 

      (1) This Rule applies to an appeal from a district court judgment or order entered in a criminal or postconviction proceeding, whether the appellant is the State or the defendant.

 

      (2) The Supreme Court may exercise its discretion and apply this Rule to appeals arising from criminal and postconviction proceedings that are not subject to this Rule.

 

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

             (A) the appeal challenges an order or judgment in a case involving a category A, category B, or non-probationable category C felony, as described in NRS 193.130(2)(a), (b), or (c);

             (B) the appeal is brought by a defendant or petitioner who was not represented by counsel in the district court; or

             (C) the appeal is filed in accordance with Rule 4(c).

 

      (b) Responsibilities of Trial Counsel.

 

      (1) Definition. For purposes of this Rule, “trial counsel” means the attorney who represented the defendant or postconviction petitioner in district court in the underlying proceedings that are the subject of the appeal.

 

      (2) Responsibilities. Trial counsel shall file the notice of appeal, rough draft transcript request form, and fast track statement and consult with appellate counsel for the case regarding the appellate issues that are raised. Trial counsel shall arrange their calendars and adjust their public or private contracts for compensation to accommodate the additional duties imposed by this Rule.

 

      (3) Withdrawal. To withdraw from representation during the appeal, trial counsel shall file with the clerk a motion to withdraw from representation. The motion shall be considered only after trial counsel has filed the notice of appeal, rough draft transcript request and fast track statement. The granting of such motions shall be conditioned upon trial counsel’s full cooperation with appellate counsel during the appeal.

 

      (c) Notice of Appeal. When an appellant elects to appeal from a district court order or judgment governed by this Rule, appellant’s trial counsel shall serve and file a notice of appeal pursuant to applicable rules and statutes.

 

      (d) Rough Draft Transcript. A rough draft transcript is a computer-generated transcript that can be expeditiously prepared in a condensed fashion, but is not proofread, corrected or certified to be an accurate transcript.

 

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

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

             (B) Be produced with a yellow cover sheet;

             (C) Include a concordance indexing key words in the transcript; and

             (D) 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) Notification of Court Reporter or Recorder. When a case may be subject to this Rule, the presiding district court judge shall notify the court reporter or recorder for the case before trial that a rough draft transcript may be required.

 

      (3) Request for Rough Draft Transcript.

             (A) Filing and Service.

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

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

             (iii) Trial counsel shall file with the clerk 2 file-stamped copies of the rough draft transcript request form and proof of service of the form upon the court reporter or recorder and opposing counsel.

             (B) Form. The rough draft transcript request shall substantially comply with Form 5 in the Appendix of Forms.

             (C) Necessary Transcripts. Counsel shall 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. In particular, transcripts of jury voir dire, opening statements, closing arguments, and the reading of jury instructions shall not be requested unless pertinent to the appeal.

             (D) No Transcripts. If no transcript is to be requested, trial counsel shall 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 subparagraph (A). Such a certificate shall substantially comply with Form 14 in the Appendix of Forms.

             (E) Court Reporter or Recorder’s Duty.

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

             (ii) The court reporter or recorder shall also deliver certified copies of the rough draft transcript to the requesting attorney and counsel for each party appearing separately no more than 21 days after the date of service of the request. The court reporter or recorder shall deliver an additional certified copy of the rough draft transcript to the requesting attorney for inclusion in the appendix. Within 7 days after delivering the certified copies of the rough draft transcript, the court reporter or recorder shall file with the clerk a certificate acknowledging delivery of the completed transcript and specifying the transcripts that have been delivered and the date that they were delivered to the requesting party. Form 15 in the Appendix of Forms is a suggested form of certificate of delivery.

             (iii) Relevant portions of the trial or hearing that were audio recorded or video recorded shall be submitted in typewritten form. The court will not accept audio- or videotapes in lieu of a rough draft transcript.

 

      (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 shall be made no more than 3 days after opposing counsel is served with the transcript request made under Rule 3C(d)(3)(A).

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

 

      (5) Sufficiency of the Rough Draft Transcript. Trial counsel shall review the sufficiency of the rough draft transcript. If a substantial question arises regarding an inaccuracy in a rough draft transcript, the court may order that a certified transcript be produced.

 

      (6) Exceptions. The provisions of Rule 3C(d)(1) shall 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 shall conform with the provisions of this Rule respecting rough draft transcripts.

 

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

 

      (1) Fast Track Statement.

             (A) Time for Serving and Filing. Within 40 days from the date that the appeal is docketed in the court under Rule 12, appellant’s trial counsel shall serve and file a fast track statement that substantially complies with Form 6 in the Appendix of Forms.

             (B) Length and Contents. Except by court order granting a motion filed in accordance with Rule 32(a)(7)(D), the fast track statement shall not exceed 16 pages in length or shall comply with the type-volume limitations stated in Rule 3C(h)(2). The fast track statement shall include the following:

             (i) A statement of jurisdiction for the appeal;

             (ii) A statement of the case and procedural history of the case;

             (iii) A concise statement summarizing all facts material to a consideration of the issues on appeal;

             (iv) An outline of the alleged error(s) of the district court;

             (v) A statement describing how the alleged issues on appeal were preserved during trial;

             (vi) Legal argument, including authorities, pertaining to the alleged error(s) of the district court;

             (vii) Where applicable, a statement regarding the sufficiency of the rough draft transcript;

             (viii) Where applicable, a reference to all related or prior appeals, including the appropriate citations for those appeals; and

             (ix) A statement, setting forth whether the matter should be retained by the Supreme Court or assigned to the Court of Appeals, including reference to any appropriate provisions in Rule 17. If the appellant believes that the Supreme Court should retain the case despite its presumptive assignment under Rule 17 to the Court of Appeals, the statement shall identify the specific issue(s) or circumstance(s) that warrant retaining the case and an explanation of their importance or significance.

             (C) References to the Appendix. Every assertion in the fast track statement regarding matters in a rough draft transcript or other document shall cite to the page and volume number, if any, of the appendix that supports the assertion.

             (D) Number of Copies to Be Filed and Served. An original and 1 copy of the fast track statement shall be filed with the clerk of the court, and 1 copy shall be served on counsel for each party separately represented.

 

      (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 statement.

             (B) Appellant’s Appendix. In the absence of an agreement respecting a joint appendix, appellant shall prepare and file an original and 1 copy of a separate appendix with the fast track statement. Appellant shall serve a copy of the appendix on counsel for each party separately represented.

             (C) Form and Content. The preparation and contents of appendices shall comply with Rules 30 and 32 and shall be paginated sequentially.

 

      (3) Fast Track Reply. The appellant may file a reply to the Fast Track Response that shall be entitled “Reply to Fast Track Response.” The reply shall be no longer than 5 pages or shall comply with the type-volume limitations stated in Rule 3C(h)(2). The reply must be limited to answering matters set forth in the Fast Track Response. The reply must be filed within 14 days of service of the Fast Track Response.

 

      (f) Filing of Fast Track Response and Appendix.

 

      (1) Fast Track Response.

             (A) Time for Service and Filing. Within 21 days from the date a fast track statement is served, the respondent shall serve and file a fast track response that substantially complies with Form 7 in the Appendix of Forms.

             (B) Length and Contents. Except by court order granting a motion filed in accordance with Rule 32(a)(7)(D), the fast track response shall not exceed 11 pages in length or shall comply with the type-volume limitations stated in Rule 3C(h)(2). The fast track response shall include additional authority and factual information necessary to rebut the contentions in the fast track statement. The fast track response also shall include a statement, setting forth whether the matter should be retained by the Supreme Court or assigned to the Court of Appeals, including reference to any appropriate provisions in Rule 17. If the respondent believes that the Supreme Court should retain the case despite its presumptive assignment under Rule 17 to the Court of Appeals, the statement shall identify the specific issue(s) or circumstance(s) that warrant retaining the case and an explanation of their importance or significance.

             (C) References to the Appendix. Every assertion in the fast track response regarding matters in a rough draft transcript or other document shall cite to the page and volume number, if any, of the appendix that supports the assertion.

             (D) Number of Copies to Be Filed and Served. An original and 1 copy of the fast track response shall be filed with the clerk, and 1 copy shall be served on counsel for each party separately represented.

 

      (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, respondent shall prepare and file an original and 1 copy of a separate appendix with the fast track response. Respondent shall serve a copy of the appendix on counsel for each party separately represented.

             (C) Form and Contents. The preparation and contents of appendices shall comply with Rules 30 and 32 and shall be paginated sequentially.

 

      (g) Filing of Supplemental Fast Track Statement and Response.

 

      (1) Supplemental Fast Track Statement.

             (A) When Permitted; Length. A supplemental fast track statement of not more than 5 pages or its equivalent calculated under the type-volume limitation provisions of Rule 3C(h)(2) may be filed when appellate counsel differs from trial counsel and can assert material issues that should be considered but were not raised in the fast track statement.

             (B) Time for Service and Filing; Number of Copies. When permitted under subparagraph (A), an original and 1 copy of a supplemental fast track statement shall be filed with the clerk, and 1 copy shall be served upon opposing counsel, no more than 21 days after the fast track statement is filed or appellate counsel is appointed, whichever is later.

 

      (2) Supplemental Fast Track Response. No later than 14 days after a supplemental fast track statement is served, the respondent may file and serve a response of not more than 5 pages or its equivalent calculated under the type-volume limitation provisions of Rule 3C(h)(2).

 

      (h) Format; Type-Volume Limitation; Certificate of Compliance.

 

      (1) Format. Fast track filings shall comply with the formatting requirements of Rule 32(a)(4)-(6), and Rule 32(a)(7)(D) shall apply in computing permissible length.

 

      (2) Type-Volume Limitation. The size of a fast track filing may be calculated by type-volume in lieu of page limitation. Using a type-volume limitation, a fast track statement is acceptable if it contains no more than 7,267 words or 693 lines of text. A fast track response is acceptable if it contains no more than two-thirds the type-volume specified for a fast track statement (4,845 words or 462 lines of text); and a fast track reply or supplement is acceptable if it contains no more than 2,333 words or 216 lines of text.

 

      (3) Certificate of Compliance. Fast track filings must include a certificate of compliance in substantially the form required by Rule 32(a)(8). A certificate that includes the first two paragraphs under “Verification” in Forms 6 and 7 of the Appendix of Forms will be regarded as sufficient to meet the requirements of this Rule.

 

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

 

      (2) Fast Track Statement and Response; Supplemental Statement and Response.

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

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

 

      (j) Amendments to Statements and Responses. Leave to amend fast track statements and responses, or supplemental fast track statements and responses shall be granted only upon motion to the court. A motion to amend shall justify the absence of the offered arguments in the initial or supplemental fast track statement or response. The motion shall be granted only upon demonstration of extreme need or merit.

 

      (k) Full Briefing, Calendaring or Summary Disposition.

 

      (1) Based solely upon review of the rough draft transcript, fast track statement, fast track response, and any supplemental documents, the court may summarily dismiss the appeal, may affirm or reverse the decision appealed from without further briefing or argument, may order the appeal to be fully briefed and argued or submitted for decision without argument, may order that briefing and any argument be limited to specific issues, or may direct the appeal to proceed in any manner reasonably calculated to expedite its resolution and promote justice.

 

      (2) Motion for Full Briefing.

             (A) A party may seek leave of the court to remove an appeal from the fast track program and direct full briefing. A motion for full briefing shall be granted unless it is filed solely for purposes of delay. It may be filed in addition to or in lieu of the fast track pleading.

             (B) The motion must identify specific reasons why the appeal is not appropriate for resolution in the fast track program. Such reasons may include, but are not limited to, the following circumstances:

             (i) The case raises one or more issues that involve substantial precedential, constitutional, or public policy questions; and/or

             (ii) The case is legally or factually complex.

             (C) No opposition may be filed unless ordered by the court.

 

      (3) If the court orders an appeal to be fully briefed, and neither party objects to the sufficiency of the rough draft transcripts to adequately inform this court of the issues raised in the appeal, counsel are not required to file certified transcript request forms under Rule 9(a). If a party’s brief will cite to a transcript not previously included in an appendix submitted to this court, that party shall file and serve a transcript request form in accordance with Rule 9 within the time specified for filing the brief in the court’s briefing order. If a party’s brief will cite to documents not previously filed in the court, that party shall file and serve an appropriately documented supplemental appendix with the brief.

 

      (l) Withdrawal of Appeal. If an appellant no longer desires to pursue an appeal after the notice of appeal is filed, counsel responsible for the appeal at that time shall file with the clerk a notice of withdrawal of appeal. The notice of withdrawal of appeal shall substantially comply with Form 8 in the Appendix of Forms.

 

      (m) Court Reporter or Recorder Protection and Compensation.

 

      (1) Liability. Court reporters or recorders shall not be subject to civil, criminal or administrative causes of action for inaccuracies in a rough draft transcript unless the court reporter or recorder willfully:

             (A) Fails to take full and accurate stenographic notes of the criminal proceeding for which the rough draft transcript is submitted, or willfully and improperly alters stenographic notes from the criminal proceeding, or willfully transcribes audio- or videotapes 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 shall be compensated as follows:

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

             (B) In the event a certified transcript is ordered after the rough draft transcript is prepared, the court reporter shall receive an additional fee equal to 25 percent of the amount established by NRS 3.370 for the already prepared rough draft portion of the transcript. Any portions not included with the rough draft transcript will be compensated by the amount established by NRS 3.370.

 

      (n) Sanctions. Any attorney, court reporter, or court recorder who lacks due diligence in compliance with this Rule may be subject to sanctions by the court. Sanctionable actions include, but are not limited to, failure of trial counsel to file a timely fast track statement or fast track response; failure of trial counsel to fully cooperate with appellate counsel during the course of the appeal; and failure of counsel to raise material issues or arguments in a fast track statement, response, supplemental statement or supplemental response.

 

      (o) Conflict. The provisions of this Rule shall prevail over conflicting provisions of any other rule.

      [Added; effective September 1, 1996; as amended; effective March 1, 2019.]

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

      (a) Definitions. As used in this Rule:

 

      (1) “Respondent” means any Supreme Court justice, Court of Appeals judge, district judge, justice of the peace, or municipal court judge or referee, master, or commissioner who is the subject of any disciplinary or removal proceedings instituted before the commission on judicial discipline.

 

      (2) “Service” means service by personal delivery or by registered mail or certified mail, return receipt requested.

 

      (b) Who May Appeal. Any Supreme Court justice, Court of Appeals judge, district judge, justice of the peace, or municipal court judge or referee, master, commissioner or other judicial officer who is the subject of any disciplinary or removal proceedings instituted before the commission on judicial discipline may appeal to the Supreme Court from the orders set forth in Rule 3D(c).

 

      (c) Appealable Decisions. An appeal may be taken:

 

      (1) From an order of suspension from the exercise of office under NRS 1.4675.

 

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

 

      (d) Notice of Appeal. An appeal to the Supreme Court from a commission order shall be taken by filing a notice of appeal with the clerk of the commission and serving a copy of the notice on the prosecuting counsel, if any. Filing and service must be made within 14 days after service on the respondent of the commission’s formal order of suspension, censure, removal, retirement, or other discipline, together with its formal findings of fact and conclusions of law. Upon the filing of the notice of appeal, the clerk of the commission shall immediately transmit to the clerk of the Supreme Court 2 file-stamped copies of the notice of appeal.

 

      (e) Transcripts. Any request for all or part of a transcript must be made in accordance with rules adopted by the commission in regard thereto.

 

      (f) Applicable Rules. In all other respects an appeal from a commission order shall proceed in the same manner as a civil appeal except that the provisions of Rule 4(f) for expediting criminal appeals shall apply to all appeals from orders or actions taken by the commission. Other provisions in the Nevada Rules of Appellate Procedure apply to appeals from a commission order, unless this Rule expressly provides to the contrary or application of a particular rule is clearly impracticable, inappropriate, or inconsistent. All references to the district court in applicable portions of the Nevada Rules of Appellate Procedure must be deemed references to the commission.

 

      (g) Interlocutory Orders. Review of interlocutory orders of the commission, which are considered either by the prosecuting officer or the respondent judge to be without or in excess of jurisdiction, may be sought by way of petition for an appropriate extraordinary writ.

 

      (h) Disqualification of Supreme Court Justices. Any justice who sat on the commission is disqualified from participating in the consideration or decision of an appeal from an action that was taken by the commission during his or her membership on the commission.

      [Added; effective February 21, 2003; as amended; effective March 1, 2019.]

RULE 3E. FAST TRACK ...