Rule 3 - Appeal-how Taken(a)Filing the Notice of Appeal.(1) Except for automatic appeals from a judgment of death under NRS 177.055, an appeal permitted by law from a district court may be taken only by filing a notice of appeal with the district court clerk within the time allowed by Rule 4. (2) An appellant's failure to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal, but is ground only for the court to act as it deems appropriate, including dismissing the appeal. (3)Deficient Notice of Appeal. The district court clerk must file appellant's notice of appeal despite perceived deficiencies in the notice, including the failure to pay the district court or Supreme Court filing fee. The district court clerk shall apprise appellant of the deficiencies in writing, and shall send the notice of appeal to the Supreme Court in accordance with subdivision (g) with a notation to the clerk of the Supreme Court setting forth the deficiencies. Despite any deficiencies in the notice of appeal, the clerk of the Supreme Court shall docket the appeal in accordance with Rule 12.(b)Joint or Consolidated Appeals.(1) When two or more parties are entitled to appeal from a district court judgment or order, and their interests make joinder practicable, they may file a joint notice of appeal. They may then proceed on appeal as a single appellant.(2) When the parties have filed separate timely notices of appeal, the appeals may be joined or consolidated by the court upon its own motion or upon motion of a party.(c)Contents of the Notice of Appeal.(1) The notice of appeal shall: (A) specify the party or parties taking the appeal by naming each one in the caption or body of the notice, but an attorney representing more than one party may describe those parties with such terms as "all plaintiffs," "the defendants," "the plaintiffs A, B, et al.," or "all defendants except X"; (B) designate the judgment, order or part thereof being appealed; and(C) name the court to which the appeal is taken. (2) In a class action, whether or not the class has been certified, the notice of appeal is sufficient if it names one person qualified to bring the appeal as representative of the class. (3) Form 1 in the Appendix of Forms is a suggested form of a notice of appeal. (d) Serving the Notice of Appeal.(1)In General. The appellant shall serve the notice of appeal on all parties to the action in the district court. Service on a party represented by counsel shall be made on counsel. If a party is not represented by counsel, appellant shall serve the notice of appeal on the party at the party's last known address. The appellant must note, on each copy, the date when the notice of appeal was filed. The notice of appeal filed with the district court clerk shall contain an acknowledgment of service or proof of service that conforms to the requirements of Rule 25(d). (2)Service in Criminal Appeals. When a defendant in a criminal case appeals, appellant's counsel shall also serve a copy of the notice of appeal on the defendant, either by personal service or by mail addressed to the defendant. In criminal appeals governed by Rule 3C, appellant's trial counsel must comply with the provisions of this Rule and Rule 3C(c) governing service of the notice of appeal. (e) Payment of Fees. Except where provided by statute, upon filing a notice of appeal, the appellant must pay the district court clerk the Supreme Court filing fee and any fees charged by the district court. Except for amended notices of appeal filed under Rule 4(a)(7), the Supreme Court filing fee is $250 for each notice of appeal filed. (f) Case Appeal Statement.(1)Appellant's Duty to File Case Appeal Statement. Upon filing a notice of appeal, the appellant shall also file with the district court clerk a completed case appeal statement that is signed by appellant's counsel. (2)District Court's Duty to Complete Case Appeal Statement. When the appellant is not represented by counsel, the district court clerk shall complete and sign the case appeal statement. (3)Contents of Case Appeal Statement. The case appeal statement must contain the following information: (A) the district court case number and caption showing the names of all parties to the proceedings below, but the use of et al. to denote parties is prohibited; (B) the name of the judge who entered the order or judgment being appealed;(C) the name of each appellant and the name and address of counsel for each appellant; (D) the name of each respondent and the name and address of appellate counsel, if known, for each respondent, but if the name of a respondent's appellate counsel is not known, then the name and address of that respondent's trial counsel; (E) whether an attorney identified in response to subparagraph (D) is not licensed to practice law in Nevada, and if so, whether the district court granted that attorney permission to appear under SCR 42, including a copy of any district court order granting that permission; (F) whether the appellant was represented by appointed counsel in the district court, and whether the appellant is represented by appointed counsel on appeal;(G) whether the district court granted the appellant leave to proceed in forma pauperis, and if so, the date of the district court's order granting that leave;(H) the date that the proceedings commenced in the district court; (I) a brief description of the nature of the action and result in the district court, including the type of judgment or order being appealed and the relief granted by the district court; (J) whether the case has previously been the subject of an appeal to or original writ proceeding in the Supreme Court or Court of Appeals and, if so, the caption and docket number of the prior proceeding; (K) whether the appeal involves child custody or visitation; and (L) in civil cases, whether the appeal involves the possibility of settlement. (4)Form Case Appeal Statement. A case appeal statement must substantially comply with Form 2 in the Appendix of Forms.(g)Forwarding Appeal Documents to Supreme Court.(1)District Court Clerk's Duty to Forward.(A) Upon the filing of the notice of appeal, the district court clerk shall immediately forward to the clerk of the Supreme Court the required filing fee, together with 3 certified, file-stamped copies of the following documents: * the notice of appeal;
* the case appeal statement;
* the district court docket entries;
* the civil case cover sheet, if any;
* the judgments(s) or order(s) being appealed;
* any notice of entry of the judgment(s) or order(s) being appealed;
* any certification order directing entry of judgment in accordance with NRCP 54(b);
* the minutes of the district court proceedings; and
* a list of exhibits offered into evidence, if any.
(B) If, at the time of filing of the notice of appeal, any of the enumerated documents have not been filed in the district court, the district court clerk shall nonetheless forward the notice of appeal together with all documents then on file with the clerk. (C) The district court clerk shall promptly forward any later docket entries to the clerk of the Supreme Court.(2)Appellant's Duty. An appellant shall take all action necessary to enable the clerk to assemble and forward the documents enumerated in this subdivision.As amended; effective 1/20/2015; amended effective 3/1/2019.