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(d) Service of the Notice of Appeal. The appellant shall serve the notice of appeal on all parties to the action in the district court. Service on a party represented by counsel shall be made on counsel. If a party is not represented by counsel, appellant shall serve the notice of appeal on the party at the party’s last known address. There shall be noted on each copy served the date on which the notice of appeal was filed. The notice of appeal shall contain an acknowledgement of service or proof of service that conforms to the requirements of Rule 25(1)(d). (1) Service in Criminal Appeals. When an appeal is taken by a defendant in a criminal case, appellant’s counsel shall also serve a copy of the notice of appeal on the defendant, either by personal service or by mail addressed to the defendant. In criminal appeals governed by Rule 3C, appellant’s trial counsel must comply with the provisions of this Rule and Rule 3C(c) governing service of the notice of appeal. (e) Transmission to Supreme Court. Upon the filing of the notice of appeal, the clerk of the district court shall immediately transmit to the clerk of the Supreme Court the required filing fee, together with two (2) certified, file-stamped copies of the following documents: (1) notice of appeal; (2) case appeal statement; (3) the district court docket entries; (4) the judgment(s) or order(s) appealed from; (5) any notice of entry of the judgment(s) or order(s) appealed from; (6) any certification order directing entry of judgment pursuant to NRCP 54(b); (7) the minutes of the district court proceedings; and (8) a list of exhibits offered into evidence, if any. (1) If, at the time of filing of the notice of appeal, any of the enumerated documents have not been filed in the district court, the clerk of the district court shall nonetheless transmit the notice of appeal together with all documents then on file with the clerk. (2) Appellant shall take all action necessary to enable the clerk to assemble and transmit the documents enumerated in this subdivision. (f) Filing Fee. In addition to the fees charged by the district court, the appellant shall tender the Supreme Court filing fee to the clerk of the district court at the time of filing of the notice of appeal. Except for amended notices of appeal filed pursuant to Rule 4(a)(4), the Supreme Court filing fee is $250 for each notice of appeal filed. [As amended; effective July 1, 2003.] RULE 3A. CIVIL ACTIONS: STANDING TO APPEAL; APPEALABLE DETERMINATIONS (a) Aggrieved Party May Appeal. Any appealable judgment or order in a civil action or proceeding may be appealed from and reviewed as prescribed by these rules, and not otherwise. Any party aggrieved may appeal, with or without first moving for a new trial, and the Supreme Court may consider errors of law and the sufficiency of the evidence, and may remand for new trial, whether or not a motion for new trial has been made. (b) Appealable Determinations. An appeal may be taken: (1) From a final judgment in an action or proceeding commenced in the court in which the judgment is rendered. (2) From an order granting or refusing a new trial, or granting or refusing to grant or dissolving or refusing to dissolve an injunction, or appointing or refusing to appoint a receiver, or vacating or refusing to vacate an order appointing a receiver, or dissolving or refusing to dissolve an attachment, or changing or refusing to change the place of trial, or from any order entered in a proceeding that did not arise in a juvenile court that finally establishes or alters the custody of minor children, and from any special order made after final judgment except an order granting a motion filed and served within sixty (60) days following entry of a default judgment, setting aside the judgment pursuant to N.R.C.P. 60(b)(1). [As amended; effective January 6, 1991.] (3) From an interlocutory judgment, order or decree made or entered in actions to redeem real or personal property from a mortgage thereof or lien thereon, determining such right to redeem and directing an accounting, and from an interlocutory judgment in actions for partition which determines the rights and interests of the respective parties and directs partition, sale or division to be made. (4) If an order granting or refusing to grant a motion to change the place of trial of an action or proceeding is not directly appealed from within thirty (30) days, there shall be no appeal therefrom on appeal from the judgment in the action or proceeding or otherwise, and on demand or motion of either party to an action or proceeding the court or judge making the order changing or refusing to change the place of trial of an action or proceeding shall make an order staying the trial of the action or proceeding until the time to appeal from such order, changing or refusing to change the place of trial, shall have lapsed; or if an appeal from such order is taken, until such appeal shall, in the appellate court, or in some other manner, be legally determined. [Paragraph (5) deleted effective July 18, 1983.] RULE 3B. CRIMINAL ACTIONS: STANDING TO APPEAL; WHEN ALLOWED; HOW TAKEN; RULES GOVERNING Appeals from determinations of district courts in criminal actions shall be governed by the rules and by NRS 177.015 to 177.305. All appeals in capital cases are also subject to the provisions of S.C.R. 250. Rule 3C applies to all other direct and post-conviction criminal appeals, except those matters specifically excluded from the fast track by Rule 3C(a). [As amended; effective September 1, 1996.] RULE 3C. FAST TRACK CRIMINAL APPEALS (a) Expedited Appeals. This Rule is applicable to an appeal from a judgment or order of a district court entered in a criminal or post-conviction proceeding commenced after September 1, 1996, whether the appellant is the State or the defendant. A proceeding is commenced for the purposes of this Rule upon the filing of an indictment, information, or post-conviction application in the district court. The Supreme Court may exercise its discretion and apply this Rule to appeals arising from criminal and post-conviction proceedings that are not subject to this Rule. Unless the court otherwise orders, an appeal is not subject to this Rule if: (1) the appeal challenges an order or judgment in a case involving a category A felony, as described in NRS 193.130(2)(a), in which a sentence of death or imprisonment in the state prison for life with or without the possibility of parole is actually imposed, or (2) the appeal is brought by a proper person defendant or petitioner. (b) Responsibilities of Trial Counsel. Trial counsel shall be responsible for filing the notice of appeal, rough draft transcript request form, and fast track statement and for consulting with appellate counsel for the case regarding the appellate issues that are raised. Trial counsel shall arrange their calendars and adjust their public or private contracts for compensation to accommodate the additional duties imposed by this Rule. (1) Withdrawal of Trial Counsel. To withdraw from representation during the appeal, trial counsel shall file with the Supreme Court a motion to withdraw from representation. The motion shall be considered only after trial counsel has filed the notice of appeal, rough draft transcript request and fast track statement. The granting of such motions shall be conditioned upon trial counsel’s full cooperation with appellate counsel during the appeal. (c) Notice of Appeal. In the event that an appellant elects to appeal from a district court order or judgment governed by this Rule, appellant’s trial counsel shall serve and file a notice of appeal pursuant to applicable rules and statutes. (d) Rough Draft Transcript. A rough draft transcript is a computer-generated transcript that can be expeditiously prepared in a condensed fashion, but is not proofread, corrected or certified to be an accurate transcript. (1) For the purposes of this Rule, a rough draft transcript shall: (i) Be printed on paper 8 1/2 by 11 inches in size, double-sided, with the words “Rough Draft Transcript” printed on the bottom of each page; (ii) Be produced with a yellow cover sheet in a condensed format that produces at least four conventional transcript pages on one condensed page;

Vegas Law




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