Nevada Notice of Appeal

NOTICE OF APPEAL

State of Nevada — Supreme Court / Court of Appeals

1. COURT CAPTION

[________________________________]                    Nevada Bar No. [________]
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________], Nevada [________]
Telephone: [________________________________]
Facsimile:  [________________________________]
Email:      [________________________________]
Attorney for [☐ Appellant / ☐ Cross-Appellant]

IN THE SUPREME COURT OF THE STATE OF NEVADA


[________________________________],
          Appellant,                             No. ________________
                                                 (Supreme Court)
     vs.

[________________________________],             District Court Case No.
          Respondent.                            [________________________________]

                                                 Dept. No. [____]

On Appeal from the [________________________________] Judicial District Court
of the State of Nevada, in and for the County of [________________________________]

2. NOTICE OF APPEAL

TO THE CLERK OF THE DISTRICT COURT AND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that [________________________________] ("Appellant"), the [☐ Plaintiff / ☐ Defendant / ☐ Petitioner / ☐ Respondent / ☐ Intervenor] in the above-captioned matter, hereby appeals to the Supreme Court of the State of Nevada from the:

☐ Final Judgment
☐ Written Order Disposing of All Claims
☐ Order Granting or Refusing a New Trial (NRAP 3A(b)(2))
☐ Order Granting or Dissolving an Injunction or Refusing to Grant or Dissolve an Injunction (NRAP 3A(b)(3))
☐ Order Appointing or Refusing to Appoint a Receiver or Vacating a Receiver (NRAP 3A(b)(4))
☐ Special Order Made After Final Judgment (NRAP 3A(b)(8))
☐ Interlocutory Order (by permission under NRAP 5)
☐ Other Appealable Determination: [________________________________]

entered on [__/__/____] by the Honorable [________________________________], District Judge, Department [____], in the [________________________________] Judicial District Court of the State of Nevada, in and for the County of [________________________________].

Description of Judgment or Order Appealed From:

[________________________________]
[________________________________]
[________________________________]

3. BASIS FOR APPELLATE JURISDICTION

A. Appealable Determination Under NRAP 3A(b)

This appeal is taken from an order that is appealable under NRAP 3A(b) as follows:

☐ (b)(1) — A final judgment entered in an action or proceeding commenced in the court in which the judgment is rendered
☐ (b)(2) — An order granting or refusing a new trial
☐ (b)(3) — An order granting or dissolving an injunction, or refusing to grant or dissolve an injunction
☐ (b)(4) — An order appointing or refusing to appoint a receiver, or vacating a receiver
☐ (b)(5) — An order in a proceeding affecting a substantial right in a special proceeding
☐ (b)(6) — An order denying a motion to compel arbitration
☐ (b)(7) — An interlocutory judgment under NRCP 54(b)
☐ (b)(8) — A special order made after final judgment
☐ (b)(9) — Other: [________________________________]

B. Deflection to Court of Appeals

The appellant acknowledges that the Supreme Court may, in its discretion, assign this appeal to the Nevada Court of Appeals pursuant to NRAP 17 and NRS 2.150. The Court of Appeals has jurisdiction over categories of cases specified in NRAP 17(b), including but not limited to certain family law, administrative agency, personal injury, and insurance coverage appeals.

4. TIMELINESS OF APPEAL (NRAP 4)

Post-Judgment Motions Tolling the Appeal Period

Under NRAP 4(a)(2), the filing of certain timely post-judgment motions tolls the time for filing the notice of appeal until the entry of the order disposing of the last such remaining motion. Indicate which, if any, were filed:

☐ Motion for judgment as a matter of law under NRCP 50(b) — Filed [__/__/____]; Decided [__/__/____]
☐ Motion to amend findings of fact under NRCP 52(b) — Filed [__/__/____]; Decided [__/__/____]
☐ Motion for new trial under NRCP 59 — Filed [__/__/____]; Decided [__/__/____]
☐ Motion for relief from judgment under NRCP 60(b) (filed within 10 days) — Filed [__/__/____]; Decided [__/__/____]
☐ No post-judgment tolling motions were filed

Deadline Calculation: Under NRAP 4(a)(1), in a civil case, the notice of appeal must be filed with the district court clerk within 30 days after the date that written notice of entry of the judgment or order appealed from is served. The 30-day period runs from the date of service of written notice of entry — not from the date the judgment is entered.

Cross-Appeal: Under NRAP 4(a)(3), a party entitled to file a cross-appeal must do so within 30 days of written notice of entry or within 14 days after the date on which the first notice of appeal was served, whichever is later.

5. DESIGNATION OF PARTIES ON APPEAL

6. ISSUES PROPOSED FOR APPELLATE REVIEW

Appellant anticipates raising the following issues on appeal. This list is preliminary and may be supplemented or refined in the opening brief:

1. [________________________________]

2. [________________________________]

3. [________________________________]

4. [________________________________]

5. [________________________________]

7. CASE APPEAL STATEMENT (NRAP 3(f))

Appellant certifies that the required Case Appeal Statement (NRAP Form 2) has been or will be filed as follows:

☐ Filed contemporaneously with this Notice of Appeal
☐ Will be filed within 7 days of the filing of this Notice of Appeal

Note: Under NRAP 3(f), the appellant must file a Case Appeal Statement with the district court clerk. If the appellant is self-represented, the district court clerk shall complete the Case Appeal Statement. Failure to file the Case Appeal Statement may result in sanctions.

8. TRANSCRIPT DESIGNATION AND ORDERING (NRAP 9)

A. Transcript Request

Appellant [☐ has filed / ☐ will file within 14 days] a Transcript Request Form designating the following proceedings for transcription:

B. Rough Draft vs. Certified Transcript

Under NRAP 9, for fast track appeals (NRAP 3C, 3E), only a rough draft transcript is required initially. For appeals on the general docket, certified transcripts may be required.

☐ Appellant requests rough draft transcript(s) only
☐ Appellant requests certified transcript(s)

C. Statement of No Transcript

☐ No transcript is necessary for this appeal
☐ The parties will use an agreed statement under NRAP 9(d)

D. Transcript Completion and Cost

Appellant acknowledges the obligation to make timely payment for transcripts and understands that failure to do so may result in dismissal of the appeal.

9. RECORD ON APPEAL (NRAP 9, NRAP 10)

Under NRAP 9 and NRAP 10, the record on appeal consists of:

☐ All papers and exhibits filed in the district court
☐ The transcript of proceedings (as designated)
☐ A certified copy of the docket entries prepared by the district court clerk

Transmission of Record: The district court clerk shall transmit the record to the Supreme Court within the time prescribed by NRAP 10. Appellant shall take any action necessary to enable the clerk timely to assemble and transmit the record.

10. APPENDIX REQUIREMENTS (NRAP 30)

Appellant shall prepare and file an appendix to the opening brief that includes:

☐ The judgment or order being appealed
☐ Any findings of fact or conclusions of law
☐ Relevant portions of the trial transcript
☐ Relevant pleadings and motions
☐ Any other parts of the record to which the parties wish to direct the court's attention

The appendix shall be separately bound and shall include a table of contents. See NRAP 30 for detailed formatting requirements.

11. STAY PENDING APPEAL AND SUPERSEDEAS BOND (NRAP 8)

Appellant [☐ has obtained / ☐ has not obtained / ☐ will seek] a stay of the judgment or order pending appeal.

Stay Application

☐ Appellant has obtained a stay from the district court under NRAP 8(a)(1)
☐ Appellant will apply to the Supreme Court for a stay under NRAP 8(a)(2)
☐ Appellant has posted a supersedeas bond in the amount of $[________________________________]
☐ No stay is being sought at this time

Supersedeas Bond Requirements

Under NRAP 8, a party seeking a stay of enforcement of a money judgment must ordinarily post a supersedeas bond in an amount sufficient to cover the judgment, costs, interest, and damages for delay. The district court sets the bond amount. The bond must be approved by the district court and filed with the clerk.

Injunction Appeals: Under NRAP 8(c), the district court may suspend, modify, restore, or grant an injunction during the pendency of an appeal upon such terms as to bond or otherwise as it considers proper.

12. BOND FOR COSTS ON APPEAL (NRAP 7)

☐ Appellant has filed a cost bond in the amount of $[________________________________] as required by NRAP 7
☐ Appellant seeks waiver of the cost bond
☐ Cost bond is not required (specify reason): [________________________________]

13. FILING FEES

Appellant certifies the following regarding filing fees:

☐ District court filing fee of $[____] has been paid to the district court clerk
☐ Supreme Court filing fee of $250.00 has been paid
☐ Application to proceed in forma pauperis (IFP) has been filed
☐ No fee required (criminal proceeding or habeas corpus)

14. E-FILING VIA EFLEX / NEVADA ELECTRONIC FILING SYSTEM

☐ This Notice of Appeal is being filed with the district court through the Nevada Electronic Filing System (EFS)
☐ Subsequent appellate filings will be made through the Supreme Court's EFlex electronic filing system
☐ Paper filing (specify basis for exemption): [________________________________]

Note: Attorneys admitted to practice in Nevada are generally required to file documents electronically. Self-represented parties may file in paper.

15. FAST TRACK APPEAL DESIGNATION

If applicable, indicate whether this case qualifies for fast track disposition:

☐ NRAP 3C — Fast Track Criminal Appeal
☐ NRAP 3E — Fast Track Child Custody Appeal
☐ General Docket — Standard appeal with full briefing
☐ Settlement Conference — Appellant requests or consents to settlement conference under NRAP 16

16. RELIEF REQUESTED

Appellant respectfully requests that the appellate court:

☐ Reverse the judgment/order appealed from
☐ Modify the judgment/order as follows: [________________________________]
☐ Vacate the judgment/order and remand for further proceedings
☐ Remand with specific instructions: [________________________________]
☐ Award costs on appeal
☐ Grant such other relief as the Court deems just and proper

17. SIGNATURE

DATED: [__/__/____]

                                        Respectfully submitted,

                                        [________________________________]
                                        (Firm Name)


                                        By: _________________________________________
                                            [________________________________]
                                            Attorney for Appellant
                                            Nevada Bar No. [________]
                                            [________________________________] (Address)
                                            [________________________________]
                                            Telephone: [________________________________]
                                            Email: [________________________________]

18. PROOF OF SERVICE (NRAP 25)

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing NOTICE OF APPEAL and all accompanying documents upon the following by the method(s) indicated:

Service on Parties

Service on Court Officials

☐ Clerk of the [________________________________] Judicial District Court
☐ District Court Judge: Hon. [________________________________], Dept. [____]

                                        _________________________________________
                                        [________________________________]
                                        (Signature)

19. CHECKLIST FOR FILING

Before filing this Notice of Appeal, confirm completion of the following:

☐ Notice of Appeal completed with all required information
☐ Filed with the district court clerk within 30 days of service of written notice of entry of judgment/order
☐ District court filing fee paid
☐ Supreme Court filing fee of $250 paid (or IFP application filed)
☐ Case Appeal Statement (NRAP Form 2) filed or will be filed within 7 days
☐ Proof of service on all parties included
☐ Transcript Request Form filed or will be filed within 14 days
☐ Cost bond filed under NRAP 7, if applicable
☐ Stay/supersedeas bond application filed, if applicable
☐ Calendar reminders set for briefing deadlines

PRACTICE TIPS AND COMMON PITFALLS

Deadline Calculation

1. 30-Day Filing Deadline (NRAP 4(a)(1)): The 30-day period begins on the date written notice of entry of the judgment or order is served — not when the judgment is signed or entered. This is a critical distinction from many other states. Always obtain and review the notice of entry of order.

2. Tolling by Post-Judgment Motions (NRAP 4(a)(2)): Timely motions under NRCP 50(b), 52(b), 59, or 60(b) (if filed within 10 days) toll the appeal period. The new 30-day period runs from entry of the order deciding the last pending motion.

3. Premature Notice of Appeal: Under NRAP 4(a)(6), a notice of appeal filed after the district court announces a decision or order but before entry of the written order is treated as filed on the date the order is entered.

Appellate Structure — Supreme Court vs. Court of Appeals

4. All Appeals Filed in Supreme Court: All notices of appeal are filed with the district court and directed to the Supreme Court. The Supreme Court then determines whether to retain the case or deflect it to the Court of Appeals under NRAP 17.

5. Court of Appeals Jurisdiction (NRAP 17(b)): The Court of Appeals generally hears family law matters, administrative agency appeals, certain tort and insurance cases, and other categories specified by rule. The parties cannot choose which court hears the appeal.

6. 2024 NRAP Amendments: The Nevada Supreme Court adopted significant amendments to the NRAP effective in 2024, including changes to the case appeal statement, briefing procedures, and appendix requirements. Always consult the most current version of the rules.

Transcript and Record

7. Transcript Request Form Deadline: The request form must be filed within 14 days after filing the notice of appeal. For fast track appeals, a rough draft transcript is ordered initially.

8. Appendix vs. Clerk's Record: Under the revised NRAP, the appellant is generally responsible for assembling the appendix, which replaces the prior system of the clerk transmitting a complete record.

Standards of Review in Nevada

9. De Novo: Questions of law, statutory and constitutional interpretation, summary judgment review.
10. Abuse of Discretion: Evidentiary rulings, discovery orders, injunctive relief, attorney fee awards.
11. Substantial Evidence: Factual findings in bench trials, administrative agency determinations, and jury verdicts.
12. Clear Error: Findings of fact by the district court in non-jury proceedings.
13. Independent Judgment: Mixed questions of law and fact may receive independent review.

Common Mistakes

14. Miscounting the 30-Day Period: The period runs from service of notice of entry, not from entry itself. Failing to distinguish these dates is the most common timing error.
15. Failing to File the Case Appeal Statement: This is required within 7 days and failure to file may result in sanctions.
16. Missing the Supreme Court Filing Fee: The $250 fee must be paid separately from the district court filing fee.
17. Incomplete Service: The notice must be served on all parties to the district court action, not just the opposing party.
18. Appealing a Non-Final Order Without Leave: Only orders enumerated in NRAP 3A(b) are immediately appealable. All other interlocutory orders require a petition under NRAP 5.

SOURCES AND REFERENCES

• Nevada Rules of Appellate Procedure (NRAP): https://nvcourts.gov/nevada_court_rules/nevada_appellate_court_rules2/nevada_rules_of_appellate_procedure
• Nevada Appellate Courts FAQ: https://nvcourts.gov/supreme/court_information/frequently_asked_questions
• Nevada Self-Help Center — How to Appeal: https://selfhelp.nvcourts.gov/self-help/going-to-court/after-the-final-order/how-to-appeal-an-order
• NRS Chapter 2 (Supreme Court Jurisdiction)
• 2024 NRAP Amendments: ADKT 0580, Order Amending Rules filed June 7, 2024
• Civil Law Self-Help Center — Appealing the Case: https://www.civillawselfhelpcenter.org/self-help/lawsuits-for-money/posttrial-stage-after-the-dust-settles/251-appealing-the-case