Nev. R. App. P. 28

As amended through July 7, 2023
Rule 28 - Briefs
(a) Appellant's Brief. the appellant's brief shall be entitled "Appellant's Opening Brief" and shall contain under appropriate headings and in the order indicated:
(1) a disclosure that complies with Rule 26.1;
(2) a table of contents, with page references;
(3) a table of authorities-cases (alphabetically arranged), statutes, and other authorities-with references to the pages of the brief where they are cited;
(4) a jurisdictional statement, including:
(A) the basis for the Supreme Court's or Court of Appeals' jurisdiction;
(B) the filing dates establishing the timeliness of the appeal; and
(C) an assertion that the appeal is from a final order or judgment, or information establishing the Supreme Court's or Court of Appeals' jurisdiction on some other basis.
(5) a routing statement, setting forth whether the matter is tresumptively retained by the Supreme Court or assigned to the Court of Appeals under NRAP 17, and citing the subparagraph(s) of the Rule under which the matter falls. If the appellant believes that the Supreme Court should retain the case despite its presumptive assignment to the Court of Appeals, based on a principal issue raised in the matter, the routing statement must include a clear statement of the relevant issue, citations to the record where the issue was raised and resolved, and an explanation of the importance of the issue;
(6) a statement of the issues presented for review;
(7) a statement of the case briefly indicating the nature of the case, the course of the proceedings, and the disposition below;
(8) a statement of facts relevant to the issues submitted for review with appropriate references to the record (see Rule 28(e) );
(9) a summary of the argument, which must contain a succinct, clear, and accurate statement of the arguments made in the body of the brief and which must not merely repeat the argument headings;
(10) the argument, which must contain:
(A) appellant's contentions and the reasons for them, with citations to the authorities and parts of the record on which the appellant relies; and
(B) for each issue, a concise statement of the applicable standard of review (which may appear in the discussion of the issue or under a separate heading placed before the discussion of the issues);
(11) a short conclusion stating the precise relief sought; and
(12) an attorney's certificate that complies with Rule 28.2.
(b) Respondent's Brief. The respondent's brief shall be entitled "Respondent's Answering Brief" and shall conform to the requirements of Rule 28(a)(1)-(10) and (12), except that none of the following need appear unless the respondent is dissatisfied with the appellant's statement:
(1) the jurisdictional statement;
(2) a routing statement setting forth whether the matter is presumptively retained by the Supreme Court or assigned to the Court of Appeals under NRAP 17 and citing the subparagraph(s) of the Rule under which the matter falls. If the respondent believes that the Supreme Court should retain the case despite its presumptive assignment to the Court of Appeals, based on a principal issue raised in the matter, the routing statement must include a clear statement of the relevant issue, citations to the record where the issue was raised and resolved, and an explanation of the importance of the issue;
(3) the statement of the issues;
(4) the statement of the case;
(5) the statement of the facts; and
(6) the statement of the standard of review.
(c) Reply Brief. The appellant may file a brief in reply to the respondent's answering brief that shall be entitled "Appellant's Reply Brief." A reply brief shall comply with Rule 28(a)(1)-(2) and (10) and must be limited to answering any new matter set forth in the opposing brief. Unless the court permits, no further briefs may be filed. A party may waive the right to file a reply brief. Providing the clerk with immediate notice of that waiver will expedite submission of the case to the court.
(d) References in Briefs to Parties. In briefs and at oral argument, parties will be expected to keep to a minimum references to parties by such designations as "appellant" and "respondent." It promotes clarity to use the designations used in the lower court or the actual names of parties, or descriptive terms such as "the employee," "the injured person," etc.
(e) References in Briefs to the Record.
(1) Except as provided in Rule 28(e)(3), every assertion in briefs regarding matters in the record shall be supported by a reference to the page and volume number, if any, of the appendix where the matter relied on is to be found. A party referring to evidence whose admissibility is in controversy must cite the pages of the appendix or of the transcript at which the evidence was identified, offered, and received or rejected.
(2) Parties shall not incorporate by reference briefs or memoranda of law submitted to the district court or refer the Supreme Court or Court of Appeals to such briefs or memoranda for the arguments on the merits of the appeal.
(3) A pro se party is not permitted to file an appendix under Rule 30(i), and therefore is not required to comply with Rule 28(e)(1). Pro se parties are encouraged to support assertions in briefs regarding matters in the record by providing citations to the appropriate pages and volume numbers of the trial court record.
(f) Reproductions of Statutes, Rules, Regulations, Etc. If the court's determination of the issues presented requires the study of statutes, rules, regulations, etc., the relevant parts shall be reproduced in the brief or in an addendum at the end, or they may be supplied to the court in pamphlet form.
(g) Length of Briefs. See Rule 32(a)(7) for provisions regarding the length of briefs.
(h) Reserved.
(i) Briefs in a Case Involving Multiple Appellants or Respondents. In a case involving more than one appellant or respondent, including consolidated cases, any number of appellants or respondents may join in a single brief, and any party may adopt by reference a part of another's brief. Parties may similarly join in reply briefs.
(j) Sanctions for inadequate briefs. All briefs under this Rule must be concise, presented with accuracy, logically arranged with proper headings and free from burdensome, irrelevant, immaterial or scandalous matters. Briefs that are not in compliance may be disregarded or stricken, on motion or sua sponte by the court, and the court may assess attorney fees or other monetary sanctions.
(k)Briefs by Pro Se Appellants. Appellants proceeding without assistance of counsel may file the form brief provided by the supreme court clerk in lieu of the brief described in Rule 28(a). If an appellant uses the informal brief form, the optional reply brief need not comply with the technical requirements of Rule 28(c) or Rule 32(a).

Nev. R. App. P. 28

Amended effective 10/1/2015.