By Cassandra S.M. Cummings
The Nevada Rules of Appellate Procedure (NRAP) underwent significant revisions in 2024. Here are five things you should know:
- The forms have moved. All forms previously included in the NRAP are now located on the Supreme Court of Nevada website. See https://nvcourts.gov/supreme/appellate_practice_forms
- Rules 3C, 3E, 9, 40, 40A, and 40B were completely rewritten. These rewrites were both stylistic and substantive. For example, the new Rule 40 reduced the time in which a petition for rehearing must be filed from 18 days to 14 days. Additionally, the circumstances in which rehearing may be granted were revised to include a third basis: (1) when the court overlooks or misapprehends a material fact or a material question of law; (2) when the court overlooks, misapplies, or fails to consider law “directly controlling a dispositive issue in the case;” or (3) when a new rule of law directly controlling a dispositive issue in the case is issued after the court’s decision but before the 14-day deadline expires. Familiarize yourself with the revisions to these rewritten rules.
- Rule 31(b)(1) now specifically prohibits telephonic extensions of time. Instead, the new subsection (b)(2) sets forth the process for a “streamlined extension of time” available to parties who have not previously filed a motion seeking an extension. Such requests must be made on or before the date the brief is due and may not exceed 30 days. Once approved, the clerk will provide the parties with a new schedule. The form to request the streamlined extension is available on the Supreme Court of Nevada website. Any further extensions of time must be sought via motion as set forth in Rule 31(b)(3).
- Changes to the settlement program. Notable revisions to Rule 16 include: (1) parties may file a motion or stipulation to proceed with a private mediator; (2) the rule clarified that receipt of the notice referring the case to the program stays the time for filing a request for transcripts and filing briefs but not the time for filing a docketing statement; (3) the initial settlement conference must be held within 120 days (previously 90) of assignment to the program; (4) settlement statements must include ten specific sections, the first four of which must be served on the settlement judge and counsel for all other parties, while the remaining sections are served only on the settlement judge; and (5) parties and/or their counsel may be subject to sanctions if they do not participate in good faith.
- The newly added Rule 28(j) allows for the submission of “pertinent and significant authorities” after the briefs have been filed or after oral argument but before a decision is made. The notice of supplemental authorities must: (1) provide the citations for the supplemental authorities; (2) identify the page of the brief or point in the oral argument to which the supplemental authorities apply; and (3) state without argument the proposition for which the supplemental authorities are cited. Responses are permitted and must be similarly limited.
About the author
Cassandra S.M. Cummings is a partner at Eglet Adams Eglet Ham Henriod representing plaintiffs in personal injury, wrongful death, and mass tort actions.
About the article
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This article was originally published in the Communiqué (Jan. 2025), the official publication of the Clark County Bar Association. See https://clarkcountybar.org/about/member-benefits/communique-2025/communique-jan-2025/.
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