Frequently Asked Questions
Frequently Asked Questions
Please use the links below to help you navigate to the answer to your question.
Communicating with the Court
What do the Appellate Courts do?
The primary constitutional function of the Supreme Court and Court of Appeals (Appellate Courts) is to review appeals from decisions of the District Courts. The Appellate Courts determine if legal errors were committed that require reversal or if evidence was sufficient to support the trial court judgment or order. The Appellate Courts may affirm, modify or reverse the judgment or order that was appealed.
In many cases the Appellate Courts correct errors or affirm the law by issuing written “opinions” giving its reasons for the decisions. These opinions, which interpret the law and define statutes, are a major source for the laws that govern Nevada. The opinions of the Appellate Courts are published annually as the Nevada Reports.
The Supreme Court has other important responsibilities, such as establishing committees to study and recommend improvements in Nevada’s judicial system. Another significant duty of the Supreme Court is its supervision of the legal profession - both with regard to the admission of new lawyers and the imposition of discipline for lawyers who have violated the rules governing their professional conduct. The Justices also sit as commissioners of the state’s Board of Pardons.
Where is the court located and what are its hours?
The Nevada Supreme Court is located at 201 South Carson Street in Carson City, Nevada. The Court’s hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday, except for holidays.
How do I ask questions of the court?
Members of the Nevada State Bar and the public are free to visit or call the Supreme Court to ask general questions about the Court or the appellate process, to inquire about the status of a pending case, or to examine public case files. Generally, all communication with the court should be made through the clerk’s office. The clerk’s office telephone number is (775) 684-1600.
Any inquiries regarding the status of an appeal, writ proceeding, or pending motion will be answered by a person in the clerk’s office who is trained to answer general questions regarding the status of a case or of a particular pending matter such as a motion. However, please read the applicable Nevada Rules of Appellate Procedure or Supreme Court Rules and, if necessary, annotations to the rules before calling. The Court’s staff is not available to do your research or read the rules to you.
Additionally, individuals may use the public portal to view and print documents filed in the Appellate Courts. To access the public portal, go to the main Appellate Courts web page and click on “Case Search.” Searches may be conducted by docket number or by participant name. Nearly all documents are available online, with the exception of documents deemed confidential or sealed by court order. There is no charge for access to the public portal.
Can I talk with a Justice directly, or write them a letter?
Members of the bar and the public should not contact the Supreme Court Justices or Court of Appeals Judges, their law clerks, or Central Staff attorneys directly regarding any matters related to cases pending before the court. All questions and letters should be directed to the Clerk’s Office.
How do I obtain copies of documents in the court’s files?
Copies of documents available through the public portal may be printed by the user for no charge. Clerk’s office staff will make copies of public, filed documents for a copying fee of $1 per page. Generally, any requests for copy work must be accompanied by payment. When requesting copies, please have the Case Name and/or Docket Number handy, as this will expedite your request.
Filing the Notice of Appeal
Which orders or judgments can I appeal to the Supreme Court?
Generally, an appeal may be taken only from the final judgment of the district court. NRAP 3A(b)(1). However, you may appeal from certain other orders as provided by law. See, for example, NRAP 3A(b)(2)-(6).
Where and when do I file a Notice of Appeal?
Appeals permitted by law from district courts to the Supreme Court are commenced by filing a notice of appeal with the clerk of the district court within the time allowed by NRAP 4(a) (civil) or NRAP 4(b) (criminal).
What should I include in the Notice of Appeal?
The notice of appeal must specify the party or parties taking the appeal, designate the judgment, order or part thereof appealed from, and name the court to which the appeal is taken. NRAP 3(c). The Notice of Appeal Form found at https://nvcourts.gov/supreme/appellate_practice_forms is a suggested form of a notice of appeal. The notice of appeal must contain an acknowledgment of service or proof of service on all parties to the district court action. NRAP 3(d).
Am I required to file any other documents with the Notice of Appeal?
Any notice of appeal presented to the district court clerk for filing must be accompanied by a Case Appeal Statement. NRAP 3(f)(1) If the notice of appeal is filed in proper person, the district court clerk shall complete and sign the case appeal statement. NRAP 3(f)(2). The case appeal statement must be completed fully and accurately and must substantially comply with the Case Appeal Form found at https://nvcourts.gov/supreme/appellate_practice_forms.
Questions About Your Attorney
How do I find an attorney who can handle my appeal?
Because the filing of an appeal is a complex process, it is recommended that any person filing or responding to an appeal be represented by a licensed Nevada attorney. If you are not represented and would like to retain an attorney who specializes in appeals, you may contact the Lawyer Referral and Information Service of the State Bar of Nevada at www.nvbar.org or at 1-800-789-5747.
What if I have a complaint about my attorney?
All complaints about attorneys must be filed with the State Bar of Nevada. The website of the State Bar of Nevada at www.nvbar.org contains detailed instructions on how to file a complaint.
Proceeding Without an Attorney
May I file an appeal without being represented by an attorney?
Because the filing of an appeal is a complex process, it is recommended that any person taking or responding to an appeal be represented by a licensed Nevada attorney. However, if a person cannot afford to retain an attorney and otherwise qualifies to take an appeal, that person may file a notice of appeal “in proper person” in accordance with the Nevada Rules of Appellate Procedure.
If I am not represented by an attorney, may I file documents in my appeal?
Generally, unrepresented parties may file documents in their appeals. NRAP 46A. However, there are exceptions. A defendant who is appealing from a judgment of conviction may not appear without counsel. NRAP 46A(b)(1). Also, a corporation or other entity may not appear without counsel. NRAP 46A(b)(2).
Filing of Documents
Where do I file documents?
All motions, briefs, appendices and other papers must be filed with the Office of the Clerk of the Supreme Court at 201 South Carson Street, Suite 201, Carson City, Nevada, 89701-4702. NRAP 25(l); NRAP 27. The Court’s hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday, except for holidays.
Attorneys licensed in Nevada must file documents electronically by registering for the use of the Supreme Court’s electronic filing system. Self-represented litigants who are not attorneys may elect to file electronically. Unless otherwise exempted by court order, once a self-represented litigant elects to file electronically and serve documents through the electronic filing system, the litigant must continue to do so for the life of the case. To register for an account, go to the Supreme Court website at https://nvcourts.gov/supreme, click on “Case Information” and then click on “Appellate Courts Efiling.”
Can I file documents in Las Vegas?
No. However, documents may be submitted for filing by placing them in the Supreme Court drop box located at 408 East Clark Ave., Las Vegas 89101. Simply stamp your documents with the time stamp on top of the drop box and place them in an envelope (you should provide your own envelope) before dropping in the box. The documents will be forwarded to the Supreme Court Clerk’s Office in Carson City for processing.
Do I have to file documents in person, or may they be mailed?
Documents may be filed in one of several ways: (1) U.S. Postal Service; (2) personal delivery at the Supreme Court in Carson City; (3) third-party commercial carrier; (4) the Supreme Court drop box in Las Vegas; transmitted directly to the clerk by fax as provided by NRAP 25(a)(4); or (6) using this Court’s EFlex Electronic Filing System. NRAP 25(a)(2). A nonelectronically filed document is timely filed if, on or before the last day of filing, it is: (1) delivered to the clerk in person in Carson City; (2) mailed to the clerk at the Supreme Court of Nevada, 201 South Carson Street, Suite 201, Carson City, Nevada 89701-4702 by first-class mail, or other class of mail that is at least as expeditious, postage prepaid; (3) dispatched by third-party commercial carrier for delivery to the clerk within 3 days; (4) deposited in the Supreme Court drop box as provided in NRAP 25(a)(3); or transmitted directly to the clerk by fax as provided by NRAP 25(a)(4). For electronically filed documents, a document is timely filed if, on or before the last day for filing, it is electronically transmitted to the Supreme Court’s electronic filing system consistent with NEFCR 8.
May I file a document by faxing it to the court?
Papers may be received for filing by the clerk by fax only in cases of emergency, and only if an oral request for permission to do so has first been tendered to the clerk and approved, upon a showing of good cause, by any justice, judge, or the clerk. NRAP 25(a)(4). Faxed submissions must also comply with other requirements provided in NRAP 25(a)(4).
Motions in General
When should I file a motion with the Appellate Courts?
Any requests for relief must be presented to the Appellate Courts in a formal, written motion filed with the clerk. Request for relief may not be presented by way of an informal letter addressed to the justices or to the clerk of the court.
Does a motion have to be in a specific form?
A motion must be in writing and must contain a caption setting forth the name of the court, case title, docket number and a brief descriptive title. NRAP 27(d).
A motion must state succinctly the order or relief sought and grounds on which it is based. NRAP 27(a).
Points and authorities and affidavit: Points and authorities should cite appropriate court rule or case law supporting the relief sought. If motion refers to factual matters, circumstances or events which may be controverted or outside record, the motion should be supported by affidavit.
Notice of motion, request for submission of motion or proposed order resolving motion need not be filed.
What about service of a motion?
All motions must be accompanied with proof of service. NRAP 25(d); NRAP 27.
Where and how do I file my motion?
Please see the Category under Frequently Asked Questions entitled “FILING OF DOCUMENTS.”
If I am served with a motion, may I file an opposition?
Any party may file a response in opposition to a motion within 7 days after service of motion. NRAP 27(3). If the motion was served by mail, the opposition may be filed within 10 days after service of the motion. NRAP 26(c).
The court may rule on a motion for a procedural order without awaiting a response. NRAP 27(b).
May I file a reply to an opposition?
A reply to a response to a motion may be filed under NRAP 27(a)(4). Any reply must be filed within 7 days after service of the response, and it cannot present matters not related to the response.
Motions for Extensions of Time
What are the requirements for a motion to extend time?
All motions for extensions of time must: (1) be filed on or before the due date which the motion seeks to extend; (2) set forth the reasons for the requested extension; (3) be served on all parties; and (4) set forth the exact length of additional time requested, e.g., until May 1, 2023, or 30 days from due date. NRAP 26(b).
Can the parties file a stipulation to extend time?
Yes. However, any stipulation to extend the time to file a motion or other document is not effective unless approved by the court in an order. NRAP 26(b)(2). Any such stipulation must be filed before expiration of the time period which is sought to be extended and must be signed by counsel for all parties. NRAP 26(b)(2).
How do I obtain an extension in the briefing schedule?
No telephonic extensions of time are permitted for filing any brief. NRAP 31(b)(1) If a party has not previously filed a motion for an extension of time to file an opening, answering, reply, or cross-appeal brief that party may obtain a single streamlined extension of time not to exceed 30 days in accordance with NRAP 31(b)(2). Additional requests for extension of time must be filed by motion. NRAP 31(b)(3).
Are there different requirements for filing a motion to extend the time to file a fast track statement or response?
Yes. The clerk of the Supreme Court may grant one 7-day telephonic extension of time to file a fast track statement or response, upon a showing of good cause. NRAP 3C(g)(2)(A). Subsequent motions for extensions of time shall be granted only upon written motion filed with the Supreme Court. NRAP 3C(g)(2)(C).
Can I file a motion to extend time to file a docketing statement?
Yes. A motion to extend time to file the docketing statement must be filed in accordance with NRAP 14(d) and NRAP 26(b).
What are the requirements for extending the time to file a transcript?
In fast track appeals, the clerk of the Supreme Court may grant the court reporter one 7-day telephonic extension of time to file a rough draft transcript, upon a showing of good cause. NRAP 3C(g)(1)(A). Additional extensions of time shall be granted only upon written motion demonstrating good cause. NRAP 3(C)(g)(1)(B).
In all other appeals, the clerk of the Supreme Court may grant the court reporter one 14-day telephonic extension to file a transcript, upon a showing of good cause. NRAP 9(b)(4)(A). Additional extensions shall be granted only upon motion demonstrating good cause. NRAP 9(b)(4)(B). The motion must be supported by the court reporter’s affidavit. NRAP 9(b)(4)(B).
Filing And Fees
All documents must be submitted to the Supreme Court Clerk’s Office in Carson City.
Document Filing Instructions
All documents submitted for filing must have proof of service attached. If you want a file-stamped copy of a document returned by mail, you must provide an additional copy and an envelope with postage. Please call this office if you are uncertain of the number of copies required.
Faxing Documents
No documents may be faxed directly to the Clerk unless prior permission is granted per NRAP 25(a)(4). Documents faxed without permission will be returned.
Fees
Filing Fees - NRS 2.250 | |
---|---|
Notice of appeal | $250.00 |
Notice of cross-appeal | $250.00 |
Petition for extraordinary writ | $250.00 |
Petition for review: re admission to the bar (SCR 51.5(7)) | $250.00 |
Criminal Proceedings and habeas corpus petitions | No Fee |
Petition for Rehearing | $150.00 |
No fees may be charged by the clerk in any action brought in or to the Supreme Court wherein the State of Nevada or any county, city or town thereof, or any office or commission thereof is a party in his or its official representative capacity, against the State of Nevada, county, city, town, officer or commission. | |
Admission Fees | |
Admission fee for license to practice law | $25.00 |
Replacement license | $50.00 |
Subscription Fees | |
Advance opinions, Nevada Reports, annual subscription | $60.00 |
Less than six months | $30.00 |
Advance opinion in pamphlet form (per copy) | $2.00 |
Copy Fees | |
Per page | $1.00 |
Certified copies (per certification) | $5.00 |
Printed copies of rule amendments (per order) | $2.00 |
Duplication of audio commission hearing or other digital file(s) on CD | $40.00 |
Writ Petitions
Although appeals are generally reserved for review of a district court’s final judgment, sometimes a district court’s interlocutory order or ruling requires earlier review. In such instances, and upon petition, the Nevada Supreme Court has the discretion to exercise its powers of extraordinary review - the most common being petitions for writs of mandamus, prohibition, and certiorari.
Is there a time period within which I must file a writ petition?
No. There are no express time limitations for filing a writ petition. However, because a writ petition is an extraordinary remedy, it is subject to the doctrine of laches. See State v. Dist. Ct., 116 Nev. 127, 994 P.2d 692 (2000).
Are there specific requirements as to the form of a writ petition?
Writ petitions must conform with the requirements of NRAP 21 and NRAP 32.
What documents or other matters must I submit with my writ petition?
- $250 filing fee;
- The affidavit of the party beneficially interested or the affidavit of petitioner’s attorney, NRS 34.170, 34.030, 15.010(1) and (2);
- Proof of service on the respondent, whether the respondent is a district judge, or another court or governmental entity or officer. NRAP 21;
- Proof of service on all parties to the action in the trial court, NRAP 21;
- An Appendix containing copies of the order or ruling being challenged, as well as all parts of the lower court record which may be essential to an understanding of the matters set forth in the writ petition. NRAP 21(a)(4).