Articles

Checklist for Appellants in Civil Appeals in Nevada

By:
Sarah E. Harmon
Checklist for Appellants in Civil Appeals in Nevada

☐        In the District Court, file the Notice of Entry for order or judgment to be appealed from

If appealing from a non-final order or judgment, file in the District Court the Notice of Entry of the order granting Nevada Rule of Civil Procedure (“NRCP”) 54(b) certification

☐       File a Notice of Appeal in the District Court within 30 days of service of the Notice of Entry of the order or judgment to be appealed (unless another deadline is provided by statute)  [Nevada Rule of Appellate Procedure (“NRAP”) 3, 4]

☐       File a Case Appeal Statement in the District Court within 30 days of service of the Notice of Entry of the order or judgment to be appealed (unless another deadline is provided by statute)  [NRAP 3]

☐       Pay the Supreme Court filing fee ($250) and any District Court filing fees to the District Court Clerk upon the filing of the Notice of Appeal and Case Appeal Statement  [NRAP 3]

☐       If no supersedeas bond is filed which includes security for costs on appeal, pay a bond for costs on appeal ($500) to the District Court Clerk upon the filing of the Notice of Appeal and Case Appeal Statement  [NRAP 7]

☐       Unless the case is assigned to the settlement program, meet and confer with opposing counsel regarding transcripts necessary for the appeal  [NRAP 9]

☐       Unless the case is assigned to the settlement program, within 14 days of the docketing of the appeal, file a Transcript Request Form in the District Court and the Supreme Court, serve it on the appropriate court reporter, and pay deposit for transcripts  [NRAP 9]

☐       Within 21 days of the docketing of the appeal, file a Docketing Statement in Supreme Court  [NRAP 14]

☐       Unless the case is assigned to the settlement program, while drafting Opening Brief, meet and confer with opposing counsel regarding a Joint Appendix of exhibits

☐       Unless the case is assigned to the settlement program, within 120 days of the docketing of the appeal, file Opening Brief and Joint Appendix (or Appellant’s Appendix)  [NRAP 28, 30, 31].

☐       Within 30 days of the filing of the Answering Brief, file Reply Brief and a Reply Appendix, if necessary  [NRAP 28, 30, 31].

☐       If the case is set for oral argument, at least 7 days before oral argument, file a Notice of Appearance of Counsel with the Supreme Court  [NRAP 46]

☐       If necessary, within 18 days of the filing of the decision on appeal, file a Petition for Rehearing  [NRAP 40]

☐       If necessary, within 14 days of written entry of denial of rehearing, file a Petition for En Banc Reconsideration  [NRAP 40A]

☐       If necessary, within 18 days of the filing of the decision on appeal by the Court of Appeals or the Court of Appeal’s decision on rehearing, file a Petition for Review by the Supreme Court  [NRAP 40B]

Stay tuned for a Checklist for Respondents for Civil Appeals in Nevada, which will be posted here next week.

About Sarah Harmon:

Sarah E. Harmon is Of Counsel at Bailey Kennedy and has over 18 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 or civil/business litigation, please call or email Sarah Harmon at 702-562-8820 or SHarmon@BaileyKennedy.com.  Additional resources can also be found at www.baileykennedy.com/category/articles/ or linkedin.com/in/sarahharmonbk/.

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