Nev. R. App. P. 17

As amended through June 26, 2024
Rule 17 - [Effective 8/15/2024] 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 under Rule 5;
(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;
(11) Cases involving juvenile certifications under NRS 62B.390; and
(12) Matters raising as a principal issue an inconsistency in the decisions of the Court of Appeals or of the Supreme Court or a conflict between decisions of the two courts.
(b) Cases Assigned to Court of Appeals. The Court of Appeals shall hear and decide 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 in 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 a judgment of conviction, a motion to correct an illegal sentence, or a motion to modify a sentence;
(5) Appeals from a judgment in a tort case awarding damages, exclusive of interest, attorney fees, and costs, of between $1 and $250,000;
(6) Cases involving a contract dispute where the amount in controversy is less than $150,000;
(7) Appeals from post-judgment orders in civil cases;
(8) Cases involving statutory lien matters under NRS 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, including:
(A) Cases involving domestic relations under NRS Title 11;
(B) Cases involving adult and minor guardianship under NRS Title 13; and
(C) Cases involving the protection of children from abuse and neglect under NRS Chapter 432B;
(11) Cases involving juvenile justice under NRS Title 5 other than juvenile certifications under NRS 62B.390;
(12) Appeals challenging venue;
(13) Cases challenging the grant or denial of injunctive relief;
(14) Pretrial writ proceedings challenging discovery orders or orders resolving motions in limine;
(15) Cases involving trust and estate matters in which the corpus has a value of less than the applicable federal estate tax exemption amount; and
(16) 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; Factors Supporting Assignment to Supreme Court; Finality.
(1) A party must include a routing statement in its principal brief or writ petition, setting forth whether the matter is retained by the Supreme Court under Rule 17(a) or presumptively assigned to the Court of Appeals under Rule 17(b), citing the subparagraph(s) under which the matter falls. If the matter does not fall under Rule 17(a) or (b), the party may state that no Rule 17 category applies.
(2) Except for matters retained by the Supreme Court under Rule 17(a), a party may request retention by the Supreme Court, or assignment to the Court of Appeals, in the routing statement. A request for retention by the Supreme Court must identify the issue that supports retention and include citations to the record where the issue was raised and resolved and an explanation of the importance of the issue. Matters that may be appropriate for retention in the Supreme Court include:
(A) Matters raising as a principal issue a question of first impression;
(B) Matters raising as a principal issue a question of law regarding the validity of a statute, ordinance, court rule, or administrative rule or regulation;
(C) Matters raising as a principal issue a question of state or federal constitutional interpretation; and
(D) Matters raising as a principal issue a question of statewide public importance that has application beyond the parties.
(3) A party may not file a motion or other 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 will 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 must 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; amended effective 8/15/2024.