Nev. R. App. P. 46

As amended through July 7, 2023
Rule 46 - Attorneys
(a) Practice Before Supreme Court or Court of Appeals-Bar Membership Required; Exceptions.
(1) Bar Membership Required. No person may practice law before the Supreme Court or Court of Appeals who is not an active member of the State Bar of Nevada except as provided by SCR 42 and subject to Rule 46(a)(3).
(2) Appearance of Counsel. Counsel for each party shall file a formal written notice of appearance as counsel of record on appeal within 14 days after service of the notice of appeal. A notice of appeal signed by an attorney will be treated as a notice of appearance by that attorney. An attorney who will participate in oral argument of a case must have filed a written notice of appearance with the clerk of the Supreme Court no later than 7days before the date set for oral argument.
(3) Foreign Counsel. If foreign counsel has been granted permission to appear under SCR 42 upon a motion in district court, that attorney must file a copy of the district court's order with the clerk of the Supreme Court. If foreign counsel appears before the Supreme Court or Court of Appeals in the first instance, that attorney must file a motion in the Supreme Court or Court of Appeals as provided by SCR 42. If foreign counsel is associated on the briefs or any other documents submitted for filing, all such briefs and documents shall be signed by Nevada counsel, who shall be responsible to the court for the content. If foreign counsel is associated upon oral argument, Nevada counsel shall be present during oral argument and shall be responsible to the court for all matters presented.
(b) Reserved.
(c) Appointment of Counsel-Indigent Criminal, Habeas Corpus Cases. Only the court may appoint counsel to represent indigent criminal defendants and indigent habeas corpus petitioners in original proceedings before the court.
(d) Withdrawal, Substitution, or Discharge of Attorney in Criminal Appeals. The withdrawal, substitution, or discharge of an attorney in a criminal appeal pending before the Supreme Court or Court of Appeals shall be governed by this Rule.
(1) In General. After the filing of a notice of appeal, any stipulation or motion that effects a change in the representation of a party to the appeal must be filed in the court.
(2)Substitution. A substitution or change of counsel may be effected by serving and filing a substitution in the Supreme Court or Court of Appeals, signed by the affected attorneys and the client or, in lieu of the client's signature, an affidavit of counsel stating that the client has been informed of and consents to the substitution. The Supreme Court or Court of Appeals may disapprove a substitution that does not have the necessary signatures or affidavit.
(3)Withdrawal.
(A) The attorney shall file a motion to withdraw with the clerk of the Supreme Court and serve a copy of the motion on the attorney's client and any adverse party. The motion shall clearly state whether counsel was appointed or retained and the reasons for the motion. Unless the motion is filed after judgment or final determination as provided in SCR 46, the motion shall be accompanied by:
(i) In a direct appeal from a judgment of conviction in which the defendant is represented by retained counsel, an affidavit or signed statement from the defendant stating that the defendant has discharged retained counsel, the grounds for that discharge, and whether the defendant qualifies for appointment of new counsel; or
(ii) In a direct appeal from a judgment of conviction in which the defendant is represented by appointed counsel, an affidavit or signed statement from the defendant stating that the defendant consents to appointed counsel's being relieved and requesting appointment of substitute counsel; or
(iii) In a postconviction appeal, an affidavit or signed statement from the defendant stating that the defendant wants to proceed without counsel or with substitute counsel retained by defendant.
(B) A motion filed under this Rule that is not accompanied by defendant's affidavit or signed statement shall set forth the reasons for the omission. A motion that is filed after judgment or final determination as provided in SCR 46 will only be granted if the Supreme Court or Court of Appeals has issued a final decision in the matter and the time for filing a petition for rehearing has expired.
(4)Death, Suspension. Any party to a criminal appeal may notify the Supreme Court or Court of Appeals in writing when an attorney representing a party dies, or is removed or suspended, or ceases to act as an attorney.
(e) Withdrawal, Substitution, or Discharge of Attorney in Civil Appeals. The withdrawal, substitution or discharge of an attorney in a civil appeal pending before the Supreme Court or Court of Appeals shall be governed by this Rule.
(1) In General. After the filing of a notice of appeal, any stipulation or motion that effects a change in the representation of a party to the appeal must be filed with the clerk of the Supreme Court.
(2) Substitution. A substitution or change of counsel may be effected by serving and filing a substitution with the clerk of the Supreme Court, signed by the client, the withdrawing attorney and the substituted attorney. The Supreme Court or Court of Appeals may disapprove a substitution that is not signed by the client and all affected attorneys.
(3) Withdrawal. A withdrawal of counsel may be effected only by filing a motion in the court. The withdrawing attorney shall serve a copy of the motion on the attorney's client and any adverse party. The motion shall clearly state the reasons for the attorney's withdrawal consistent with SCR 46 and RPC 1.16. A motion that is filed after judgment or final determination as provided in SCR 46 will only be granted if the Supreme Court or Court of Appeals has issued a final decision in the matter and the time for filing a petition for rehearing has expired.
(4) Suspension. When an attorney is suspended or ceases to act as an attorney, the attorney shall notify the clerk of the Supreme Court in writing and serve a copy of the notice on the attorney's client and any adverse parties. The notice shall identify the name and address of any new counsel retained by the client or the current address for the client if no new counsel has been retained.
(5) Death. When an attorney dies, the attorney's client must promptly notify the clerk of the Supreme Court in writing and serve a copy of the notice on any adverse parties. The notice shall state that the client has retained new counsel or that the client will proceed without counsel if such is permitted under Rule 46(b).

Nev. R. App. P. 46

Amended effective 10/1/2015; amended effective 3/1/2019.