10. Settlement Statement. I. APPLICABILITY OF RULES RULE 1. SCOPE, CONSTRUCTION OF RULES (a) Scope of Rules. These rules govern procedure in appeals to the Supreme Court of Nevada from the district courts of Nevada and in applications for writs or other relief which the Supreme Court or a justice thereof is competent to give. (b) Rules Not to Affect Jurisdiction. These rules shall not be construed to extend or limit the jurisdiction of the Supreme Court as established by law. (c) Construction of Rules. These rules shall be liberally construed to secure the proper and efficient administration of the business and affairs of the court and to promote and facilitate the administration of justice by the court. (d) Effect of Rule and Subdivision Headings. Rules and subdivision headings set forth in these rules shall not in any manner affect the scope, meaning or intent of any of the provisions of these rules. (e) Definitions of Words and Terms. In these rules, unless the context or subject matter otherwise requires: (1) “Appellant” includes, if appropriate, a petitioner. (2) “Appellee” includes, if appropriate, a respondent. (3) “Case” includes action and proceeding. (4) “Clerk” means the clerk of the supreme court. (5) “Court” means the supreme court. (6) “Party,” “applicant,” “petitioner” or any other designation of a party include such party’s attorney of record. Whenever under these rules a notice or other paper is required to be given or served on a party, such notice or service shall be made on his attorney of record if he has one. (7) “Person” includes and applies to corporations, firms, associations and all other entities, as well as natural persons. (8) “Shall” is mandatory and “may” is permissive. (9) The past, present and future tense shall each include the others; the masculine, feminine and neuter gender shall include the others; and the singular and plural numbers shall each include the other. RULE 2. SUSPENSION OF RULES In the interest of expediting decision, or for other good cause shown, the Supreme Court may, except as otherwise provided in Rule 26(b), suspend the requirements or provisions of any of these rules in a particular case on application of a party or on its own motion and may order proceedings in accordance with its direction. II. APPEALS FROM JUDGMENTS AND ORDERS OF DISTRICT COURTS RULE 3. APPEAL—HOW TAKEN (a) Filing the Notice of Appeal. Except for automatic appeals from a judgment of death pursuant to NRS 177.055, an appeal permitted by law from a district court to the Supreme Court shall be taken by filing a notice of appeal with the clerk of the district court within the time allowed by Rule 4. Failure of an appellant to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal, but is ground only for such action as the Supreme Court deems appropriate, which may include dismissal of the appeal. (1) Case Appeal Statement. Any notice of appeal presented to the district court clerk for filing shall be accompanied by a case appeal statement completed and signed by appellant’s counsel. If the notice of appeal is filed in proper person, the district court clerk shall complete and sign the case appeal statement. A case appeal statement must substantially comply with Form 2 in the Appendix of Forms, and must contain the following information: (i) District court case number and caption showing the names of all parties to the proceedings below; the use of et al. to denote parties is prohibited; (ii) Name of judge who entered the order or judgment appealed from; (iii) Names of all parties to the appeal; names of all counsel and the party or parties they represent; (iv) Whether appellant was represented by appointed counsel in the district court, and whether appellant is represented by appointed counsel on appeal; (v) Whether appellant was granted leave to proceed in forma pauperis, and, if so, the date of entry of the district court order granting such leave; and (vi) The date the proceedings commenced in the district court. (2) Deficient Notice of Appeal. The district court clerk must file appellant’s notice of appeal despite perceived deficiencies in the notice, including the failure to pay the district court or Supreme Court filing fee. The district court clerk shall apprise appellant of the deficiencies in writing, and shall transmit the notice of appeal to the Supreme Court in accordance with subdivision (e) of this Rule with a notation to the clerk of the Supreme Court setting forth the deficiencies. Despite any deficiencies in the notice of appeal, the clerk of the Supreme Court shall docket the appeal in accordance with Rule 12. (b) Joint or Consolidated Appeals. If two or more persons are entitled to appeal from a judgment or order of a district court and their interests are such as to make joinder practicable, they may file a joint notice of appeal, or may join in appeal after filing separate timely notices of appeal, and they may thereafter proceed on appeal as a single appellant. Appeals may be consolidated by order of the Supreme Court upon its own motion or upon motion of a party, or by stipulation of the parties to the several appeals. (c) Content of the Notice of Appeal. The notice of appeal shall specify the party or parties taking the appeal; shall designate the judgment, order or part thereof appealed from; and shall name the court to which the appeal is taken. Form 1 in the Appendix of Forms is a suggested form of a notice of appeal.

Vegas Law