Nev. EDCR 9.4

As amended through October 9, 2024
Rule 9.4 - Bonds
(a)When bond required. In a civil case, the appellant shall file a bond for costs on appeal in the justice or municipal court with the notice of appeal.
(b)Amount of appeal cost bond. In civil appeals, the bond shall be in the sum of $250. If the appeal is withdrawn, dismissed, or the judgment affirmed, any outstanding court fees owed to the district court may be satisfied from the bond, with the remainder to be returned to the justice or municipal court for disbursement in accordance with the rules of the particular court and applicable law.
(c)Supersedeas bond; when required. Whenever an appellant desires a stay on appeal, with the exception of summary evictions, in addition to the bond for costs on appeal, the person may file a bond for supersedeas, as provided in this rule.
(1) If the appeal is from a judgment or order directing the payment of money, the bond shall be conditioned for the satisfaction of the judgment in full, together with costs and interest, if for any reason the appeal is dismissed or if the judgment is affirmed and to satisfy in full such modification of the judgment and such costs and interests as the appellate court may adjudge and award. If the appellant does not make such payment within 30 days after the filing of affirmance of the judgment in whole or in part in the court in which the appeal is taken, judgment may be entered on motion of the respondent in the respondent's favor against the surety or sureties for such amount, together with the interest that may be due thereon and the costs that may be awarded against the appellant upon the appeal. When the judgment is for the recovery of money not otherwise secured, the amount of the bond shall be fixed at such sum as will cover the whole amount of the judgment remaining unsatisfied, costs awarded against appellant on appeal, and interest, unless the lower court judge, after notice and hearing and for good cause shown, fixes a different amount or orders security other than the bond.

If the appeal is from an order dissolving or refusing to dissolve an attachment, the bond shall be in the sum of the value of the property attached, and conditioned that if the order appealed from, or any part thereof, is affirmed, the appellant shall pay to the opposing party, on such appeal, all damages and costs caused by the appellant by reason of such appeal and the stay of execution thereon.

(2) If the judgment or order appealed from direct the assignment or delivery of documents or personal property, the things required to be assigned or delivered shall be assigned and placed in the custody of such officer or receiver as the court may appoint, and the bond shall be in such amount as the court or justice court judge may direct, to the effect that the appellant will, if the judgment or order appealed from, or any part thereof, is affirmed, pay to the opposing party on such appeal all damages and costs caused by the appellant by reason of such appeal and the stay of execution thereon. In lieu of the assignment and delivery and of the bond herein provided for, the appellant may enter into a bond, in such amount as the court or justice court judge thereof may direct, to the effect that if the judgment or order, or any part thereof, is affirmed, the appellant will obey the order and pay to the opposing party on such appeal all damages and costs caused by reason of said appeal and the stay of execution thereon.
(3) If the judgment or order appealed from directs the execution of a conveyance or other instrument, the instrument shall be executed and deposited with the clerk or justice of the court with whom the judgment or order is entered to abide by the judgment of the appellate court, and the bond shall be in such amount as the court or justice court judge thereof may direct, to the effect that the appellant will, if the judgment or order, or any part thereof, is affirmed, pay to the opposing party on such appeal all damages and costs caused by the appellant by reason of such appeal and the stay of execution thereon.
(4) In cases involving an appeal by the defendant of an order of eviction in a formal proceeding, such appeal shall not stay the execution of the judgment, unless, no later than 10 days after the filing of a notice of appeal, the person shall execute and file with the court or justice court judge an undertaking to the plaintiff, with two or more sureties, in an amount to be fixed by the court or justice, but which shall not be less than twice the amount of the judgment and costs, to the effect that, if the judgment appealed from is affirmed or the appeal is dismissed, the appellant will pay the judgment and the cost of appeal, the value of the use and occupation of the property, and damages justly accruing to the plaintiff during the pendency of the appeal. Upon taking the appeal and filing the undertaking, all further proceedings in the case shall be stayed.

Whenever an appeal is perfected, and a bond given as provided by subparagraphs (1), (2), (3), and (4) herein, it shall stay all further proceedings in the court below upon the judgment or order appealed from or upon matters embraced therein, except as hereinafter specified. However, the court below may proceed upon any other matter included the action or proceeding and not affected by the judgment or order appealed from; and the court below may in its discretion dispense with or limit the security required by subparagraphs (1), (2), (3), and (4) above when an appellant is an executor, administrator, trustee, or other person acting in another's right.

In cases not provided for in subparagraphs (1), (2), (3), or (4) above, the giving of an appeal bond, under the provisions of EDCR 9.4, shall stay proceedings in the court below upon the judgment or order appealed from, except that where it directs the same of perishable property, the court below may order the property to be sold and the proceeds thereof to be deposited to abide by the judgment of the appellate court, and except where the appellate court may otherwise direct upon such terms as it may in its discretion impose.

Nev. EDCR 9.4

Adopted April 26, 2024, effective 6/25/2024.