Nev. R. App. P. 17

As amended through April 26, 2024
Rule 17 - Division of Cases Between the Supreme Court and the Court of Appeals
(a)Cases Retained by the Supreme Court. The Supreme Court shall hear and decide the following:
(1) All death penalty cases;
(2) Cases involving ballot or election questions;
(3) Cases involving judicial discipline;
(4) Cases involving attorney admission, suspension, discipline, disability, reinstatement, and resignation.
(5) Cases involving the approval of prepaid legal service plans;
(6) Questions of law certified by a federal court;
(7) Disputes between branches of government or local governments;
(8) Administrative agency cases involving tax, water, or public utilities commission determinations;
(9) Cases originating in business court;
(10) Cases involving the termination of parental rights or NRS Chapter 432B;
(11) Matters raising as a principal issue a question of first impression involving the United States or Nevada constitutions or common law; and
(12) Matters raising as a principal issue a question of statewide public importance, or an issue upon which there is an inconsistency in the published decisions of the Court of Appeals or of the Supreme Court or a conflict between published decisions of the two courts.
(b)Cases Assigned to Court of Appeals. The Court of Appeals shall hear and decide only those matters assigned to it by the Supreme Court and those matters within its original jurisdiction. Except as provided in Rule 17(a), the Supreme Court may assign to the Court of Appeals any case filed i n the Supreme Court. The following case categories are presumptively assigned to the Court of Appeals:
(1) Appeals from a judgment of conviction based on a plea of guilty, guilty but mentally ill, or nolo contendere (Alford);
(2) Appeals from a judgment of conviction based on a jury verdict that
(A) do not involve a conviction for any offenses that are category A or B felonies; or
(B) challenge only the sentence imposed and/or the sufficiency of the evidence;
(3) Postconviction appeals that involve a challenge to a judgment of conviction or sentence for offenses that are not category A felonies;
(4) Postconviction appeals that involve a challenge to the computation of time served under judgment of conviction, a motion to correct an illegal sentence. or a motion to modify a sentence;
(5) Appeals from a judgment, exclusive of interest, attorney fees, and costs, of $250,000 or less in a tort case;
(6) Cases involving a contract dispute where the amount in controversy is less than $75,000;
(7) Appeals from postjudgment orders in civil cases;
(8) Cases involving statutory lien matters under Chapter 108;
(9) Administrative agency cases except those involving tax, water, or public utilities commission determinations;
(10) Cases involving family law matters other than termination of parental rights or NRS Chapter 432B proceedings;
(11) Appeals challenging venue;
(12) Cases challenging the grant or denial of injunctive relief;
(13) Pretrial writ proceedings challenging discovery orders or orders resolving motions in limine;
(14) Cases involving trust and estate matters in which the corpus has a value of less than $5,430,000; and
(15) Cases arising from the foreclosure mediation program.
(c)Consideration of Workload. In assigning cases to the Court of Appeals, due regard will be given to the workload of each court.
(d)Routing Statements; Finality. A party who believes that a matter presumptively assigned to the Court of Appeals should be retained by the Sunreme Court may state the reasons as enumerated in (a) of this rule in the routing statement of the briefs as provided in Rules 3C, 3E, and 28 or a writ petition as provided in Rule 21. A party may not file a motion orother pleading seeking reassignment of a case that the Supreme Court has assigned to the Court of Appeals.
(e)Transfer and Notice. Upon the transfer of a case to the Court of Appeals, the clerk shall issue a notice to the parties. With the exception of a petition for Supreme Court review under Rule 40B, any pleadings in a case after it has been transferred to the Court of Appeals shall be entitled "In the Court of Appeals of the State of Nevada."

Nev. R. App. P. 17

Added effective 1/20/2015; amended effective 1/1/2017; amended September 21, 2018, effective 10/22/2018.

Comment:

Nothing in Rule 17(b)(8) should be interpreted to deviate from current jurisprudence regarding challenges to discovery orders and orders resolving motions in limine.