Rule 4 - Appeal-when Taken

1 Analyses of this rule by attorneys

  1. Nevada Supreme Court Considering Important Updates to the State’s Rules Of Appellate Procedure

    Brownstein Hyatt Farber SchreckMarch 8, 2024

    ic hearing today.You can find the total list of proposed revisions here. While many of the potential revisions are minor or stylistic, others will have a sizeable impact on future civil appeals, if adopted. Below are some of the more significant recommended revisions:NRAP 3A: Civil Actions: Standing to Appeal; Appealable Determinations. One of the most notable proposed revisions to this rule is the type of appealable determinations. The revisions clarify which post-judgment orders are appealable and confirm the appealability of orders certified as final and those determined to be appealable by the legislature. The proposed revision to subsection (b)(8), which broadens the meaning of “special orders” after final judgment to include “any other post-judgment order affecting the rights of a party incorporated in the judgment,” could allow more room for litigants to argue that certain post-judgment orders are appealable that would not otherwise fall within the delineated orders in the rule.NRAP 4: Appeal—When Taken.The proposed revisions to NRAP 4 will likely have the most impact on litigants if adopted. Under the revised rule, parties can move the district court for an extension of time to file a notice of appeal, eviscerating the rigid existing 30-day jurisdictional deadline to appeal. District courts would enjoy the discretion to extend the deadline to appeal, except where deadlines to appeal are set by statute, upon the filing of a motion no later than 30 days after the appeal time expires and a showing excusable neglect or good cause. The deadline to appeal can be extended up to 30 days after the appeal deadline expired or 14 days after the order granting the motion is entered, whichever is later.NRAP 7: Bond for Costs on Appeal in Civil Cases.The revisions to this rule would mirror Federal Rule of Civil Procedure 7, which would greatly simplify it and leave the form, amount and release of any bond or security to the discretion of the district court.Currently, NRAP 7 uses