Rule 40B - [Effective 8/15/2024] Petition for Review by the Supreme Court(a) Grounds for Review. A decision of the Court of Appeals is a final decision that is not reviewable by the Supreme Court except on petition for review. Supreme Court review is not a matter of right but of judicial discretion. The following, while neither controlling nor fully measuring the Supreme Court's discretion, are factors that will be considered in the exercise of that discretion:(1) Whether the question presented is one of first impression of general statewide significance;(2) Whether the decision of the Court of Appeals conflicts with a prior decision of the Court of Appeals, the Supreme Court, or the United States Supreme Court;(3) Whether the case involves fundamental issues of statewide public importance; or(4) Whether the question presented was raised by the parties below or decided by the Court of Appeals.(b) Content of Petition; Question(s) Presented. A petition for review must state the question(s) presented for review and the reason(s) review is warranted and may include citation of authority in support of that contention. No citation to authority or argument may be incorporated into the petition by reference to another document. The question(s) presented for review must appear on the first page after the cover.(c) Time for Filing. Unless the time is shortened or enlarged by order, any party may file a petition for review within 14 days after the filing of the Court of Appeals' decision under Rule 36, or its decision on rehearing under Rule 40. A petition for review may not be filed while a petition for rehearing is pending in the Court of Appeals. The 3-day mailing period set forth in Rule 26(c) does not apply to the time limits set by this Rule.(d) Response to Petition. No response to a petition for review may be filed unless requested by the Supreme Court. The response to a petition for review must be filed within 14 days after entry of the order requesting the response, unless otherwise directed by the court. A petition for review will not ordinarily be granted in the absence of a request for a response.(e) Form of Petition and Response; Number of Copies; Certificate of Compliance. A petition for review of a Court of Appeals' decision, or a response to such a petition, must comply in form with Rule 32, and unless filed electronically, an original must be filed with the clerk. One copy must be served on counsel for each party separately represented. The petition or response must include the certification required by Rule 40(f) and must be substantially similar to the Certificate of Compliance for Rules 40, 40A, and 40B Form on the Nevada Supreme Court website.(f) Length of Petition or Response. Except by permission of the court, a petition for review by the Supreme Court, or a response to such a petition, may not exceed 10 pages or 4,667 words or, if it uses a monospaced typeface, 433 lines of text.(g) Decision by Supreme Court. The Supreme Court may grant a petition for review on the affirmative vote of a majority of the justices. The Supreme Court's decision to grant or deny a petition is final and is not subject to further requests for rehearing or reconsideration.(h) Action by Supreme Court When Petition Granted. The Supreme Court may limit the question(s) on review. The Supreme Court's review on the grant of a petition for review will be conducted on the record and briefs previously filed in the Court of Appeals, but the Supreme Court may require supplemental briefs on the merits of all or some of the issues for review. Unless otherwise ordered, a grant of a petition for review does not vacate the Court of Appeals' decision. (i) Untimely Petitions. The timeliness of a petition for review is governed by Rule 25(a)(2). The clerk of the Supreme Court must not receive or file an untimely petition, but must return the petition unfiled or, if the petition was filed electronically, must reject the petition.(j) Unrequested Response. Absent an order requesting a response, the clerk must not receive or file a response, but must return it unfiled or, if the response was filed electronically, must reject it.(k) Petition in Criminal Appeals; Exhaustion of State Remedies. A decision of the Court of Appeals resolving a claim of error in a criminal case, including a claim for postconviction relief, is final for purposes of exhaustion of state remedies in subsequent federal proceedings. Review of decisions of the Court of Appeals by the Supreme Court is available only under the limited circumstances set forth in Rule 40B(a). As amended effective 1/20/2015; amended effective 5/20/2019; amended effective 8/15/2024.ADVISORY COMMITTEE NOTE
The amendments to this Rule are both stylistic and substantive. Subdivision (a) provides the Supreme Court with an additional factor to consider when deciding whether to grant review-"[w]hether the question presented was raised by the parties below or decided by the Court of Appeals"-understanding that some parties may utilize Rule 40B to seek a second bite at the apple by raising new issues that were not previously raised or decided. Subdivision (b) adds a requirement that "[t]he question(s) presented for review must appear on the first page after the cover." Subdivision (c) changes the time for filing a petition for review from 18 days to 14 days.
Subdivision (h) clarifies that "[u]nless otherwise ordered, a grant of a petition for review does not vacate the Court of Appeals' decision."