If an adverse order or judgment has been entered against you or your client, and you are considering an appeal but are unsure how to initiate the process, here are three important steps to get you started:
- Determine if the order or judgment is appealable.
First and foremost, you must determine if the adverse order or judgment is appealable. If the order or judgment resolves all claims, counterclaims, cross-claims, and/or third-party claims alleged by all parties in the action, then you may file an appeal. If, after entry of the adverse order or judgment, some claims still remain unresolved in the action, then you have three options: (1) review Nevada Rule of Appellate Procedure 3A(b)(2)-(10) to determine if the order or judgment entered against you is included in one of the nine categories of non-final judgments and orders for which an appeal lies; (2) file a motion with the district court requesting that the adverse order or judgment be certified as a final judgment pursuant to Nevada Rule of Civil Procedure 54; or (3) file a Petition for Extraordinary Writ Relief with the Nevada Supreme Court requesting that the Supreme Court exercise its discretion to review the interlocutory (non-final) judgment or order.
- Obtain a stay of execution upon the judgment.
If the adverse judgment entered against you is appealable, you will likely need to obtain a stay of enforcement of and/or execution upon the judgment. Once written notice of entry of the adverse judgment has been served, the prevailing party is only barred from attempting to enforce and/or execute upon the judgment for thirty (30) days, pursuant to Nevada Rule of Civil Procedure 62(a). To extend the stay for the period of the appeal, you must either post a supersedeas bond for the amount of the judgment entered against you, plus anticipated costs associated with the appeal and anticipated interest on the judgment during the pendency of the appeal, or you must file a motion for a stay with the district court.
- Timely file the Notice of Appeal and Case Appeal Statement, and pay your filing fee.
Once you have determined that the adverse judgment or order is appealable, and determined that you have the means to post a supersedeas bond or otherwise obtain a stay of execution of the judgment, you are ready to file a Notice of Appeal. The Notice of Appeal must be filed in the district court within thirty (30) days of service of the written notice of entry of the judgment or order. This deadline cannot be stayed or continued; however, this deadline can be tolled by the filing of a motion for judgment pursuant to Nevada Rule of Civil Procedure 50(b), a motion to amend or make additional findings of fact pursuant to Nevada Rule of Civil Procedure 52(b), a motion to alter or amend the judgment pursuant to Nevada Rule of Civil Procedure 59, or a motion for a new trial pursuant to Nevada Rule of Civil Procedure 59. If any of these four motions is timely filed in the district court, then the deadline to commence the appeal is tolled and the Notice of Appeal must be filed within thirty (30) days of service of the written notice of entry of the order resolving the motion.
When you file the Notice of Appeal, you must also file a Case Appeal Statement in the district court and pay the Supreme Court filing fee of $250.00. The content for both the Notice of Appeal and the Case Appeal Statement can be found in Nevada Rule of Appellate Procedure 3.
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About Sarah Harmon:
Sarah E. Harmon is Of Counsel at Bailey Kennedy and has over eighteen years of experience in the areas of appellate advocacy and civil/business litigation, including breach of contract, fraud, legal malpractice, products liability, complex civil litigation, and many other types of business disputes. Her experience with appellate advocacy includes appeals from adverse judgments and orders as well as petitions for extraordinary writ relief. Ms. Harmon can assist clients with obtaining settlements and judgments before going to trial, avoiding errors at trial, and properly preserving issues for an appeal.
If you have any questions about appeals, please call or email Sarah Harmon at 702-562-8820 or [email protected]. Additional resources can also be found at www.baileykennedy.com/category/articles/ or www.linkedin.com/in/sarahharmonbk.
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