Rule 40B - Petition for Review by the Supreme Court(a) Decisions of Court of Appeals Reviewable by Petition 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. A party aggrieved by a decision of the Court of Appeals may file a petition for review with the clerk of the Supreme Court. The petition must state the question(s) presented for review and the reason(s) review is warranted. 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.(b) Petition in Criminal Appeals; Exhaustion of State Remedies. In all appeals from criminal convictions or post-conviction relief matters, a party shall not be required to petition for review of an adverse decision of the Court of Appeals in order to be deemed to have exhausted all available state remedies respecting a claim of error. Rather, when a claim has been presented to the Court of Appeals and relief has been denied, the party shall be deemed to have exhausted all available state remedies. Review of decisions of the Court of Appeals by the Nevada Supreme Court is limited to the circumstances set forth in these Rules, and is an extraordinary remedy, outside the normal process of appellate review, which is not available as a matter of right.(c) Time for Filing. A petition for review of a decision of the Court of Appeals must be filed in the Supreme Court within 18 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 shall 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. The clerk of the Supreme Court shall not receive or file an untimely petition but shall return the petition unfiled.(d) Content and Form of Petition. A petition for review shall comply in form with Rule 32 and an original and 9 copies shall be filed with the clerk unless the court by order in a particular case shall direct a different number. The petition may not exceed 10 pages or 4,667 words or if it uses a monospaced typeface, 433 lines of text. The petition shall succinctly state the precise basis on which the party seeks review by the Supreme Court 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.(e) Response to Petition. No response to a petition for review shall be filed unless requested by the Supreme Court.(f) 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.(g) 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 shall 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.As amended effective 1/20/2015; amended effective 5/20/2019.