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(1) From an order of suspension from the exercise of office under NRS 1.4675.
(2) From an order of censure, removal, retirement, or other form of discipline.
(d) Notice of Appeal. An appeal to the supreme court from a commission order shall be taken by filing a notice of appeal with the clerk of the commission and serving such notice on the prosecuting counsel, if any. Filing and service must be made within fifteen (15) days after service on the respondent of the commission’s formal order of suspension, censure, removal, retirement, or other discipline, together with its formal findings of fact and conclusions of law. Upon the filing of the notice of appeal, the clerk of the commission shall immediately transmit to the clerk of the supreme court two (2) file-stamped copies of the notice of appeal.
(e) Transcripts. Any request for all or part of a transcript must be made in accordance with rules adopted by the commission in regard thereto.
(f) Applicable Rules. In all other respects an appeal from a commission order shall proceed in the same manner as a civil appeal except that the provisions of Rule 4(c) for expediting criminal appeals shall apply to all appeals from orders or actions taken by the commission. Other provisions in the Nevada Rules of Appellate Procedure apply to appeals from a commission order, unless this rule expressly provides to the contrary or application of a particular rule is clearly impracticable, inappropriate, or inconsistent. All references to the district court in applicable portions of the Nevada Rules of Appellate Procedure must be deemed references to the commission.
(g) Interlocutory Orders. Review of interlocutory orders of the commission, which are considered either by the prosecuting officer or the respondent judge to be without or in excess of jurisdiction, may be sought by way of petition for an appropriate extraordinary writ.
(h) Disqualification of Supreme Court Justices. Any justice who sat on the commission is disqualified from participating in the consideration or decision of an appeal from an action that was taken by the commission during his or her membership on the commission.
[Added; effective February 21, 2003.]
RULE 4. APPEAL—WHEN TAKEN
(a) Appeals in Civil Cases.
(1) Time and Location for Filing a Notice of Appeal. In a civil case in which an appeal is permitted by law from a district court to the Supreme Court, the notice of appeal required by Rule 3 shall be filed with the clerk of the district court. Except as provided in Rule 4(a)(4), a notice of appeal must be filed after entry of a written judgment or order, and no later than 30 days after the date that written notice of entry of the judgment or order appealed from is served. If an applicable statute provides that a notice of appeal must be filed within a different time period, the notice of appeal required by these rules must be filed within the time period established by the statute.
[As amended; effective December 16, 2004.]
(2) Multiple Appeals. If a party timely files a notice of appeal, any other party may file and serve a notice of appeal within 14 days of the date on which the first notice of appeal was served, or within the time otherwise prescribed by Rule 4(a), whichever period last expires.
[As amended; effective December 16, 2004.]
(3) Entry Defined. A judgment or order is entered within the meaning of this Rule when it is signed by the judge or by the clerk, as the case may be, and filed with the clerk. A notice or stipulation of dismissal filed pursuant to N.R.C.P. 41(a)(1) has the same effect as a judgment or order signed by the judge and filed by the clerk and constitutes entry of a judgment or order for the purposes of this Rule. If such a notice or stipulation dismisses all unresolved claims pending in an action in the district court, the notice or stipulation constitutes entry of a final judgment or order for purposes of this Rule.
[As amended; effective December 16, 2004.]
(4) Effect of Certain Motions on a Notice of Appeal. If a party timely files in the district court any of the following motions under the Nevada Rules of Civil Procedure, the time to file a notice of appeal runs for all parties from entry of an order disposing of the last such remaining motion, and the notice of appeal must be filed no later than 30 days from the date of service of written notice of entry of that order:
(i) a motion for judgment under Rule 50(b);
(ii) a motion under Rule 52(b) to amend or make additional findings of fact;
(iii) a motion under Rule 59 to alter or amend the judgment;
(iv) a motion for a new trial under Rule 59.
[Added; effective December 16, 2004.]
(5) Appeal From Certain Amended Judgments and Post-Judgment Orders. An appeal from a judgment substantively altered or amended upon the granting of a motion listed in Rule 4(a)(4), or from an order granting or denying a new trial, is taken by filing a notice of appeal, or amended notice of appeal, in compliance with Rule 3. The notice of appeal or amended notice of appeal must be filed after entry of a written order disposing of the last such remaining timely motion and no later than 30 days from the date of service of written notice of entry of that order.
[Added; effective December 16, 2004.]
(6) Premature Notice of Appeal. A premature notice of appeal does not divest the district court of jurisdiction. The supreme court may dismiss as premature a notice of appeal filed after the oral pronouncement of a decision or order but before entry of the written judgment or order, or before entry of the written disposition of the last-remaining timely motion listed in Rule 4(a)(4). If, however, a written order or judgment, or a written disposition of the last-remaining timely motion listed in Rule 4(a)(4), is entered before dismissal of the premature appeal, the notice of appeal shall be considered filed on the date of and after entry of the order, judgment or written disposition of the last-remaining timely motion.
[Added; effective December 16, 2004.]
(7) Amended Notice of Appeal. No additional fees shall be required if any party files an amended notice of appeal in order to comply with the provisions of this Rule.
[Added; effective September 1, 1989; amended; December 16, 2004.]
(b) Appeals in Criminal Cases.
(1) In a criminal case, the notice of appeal by a defendant shall be filed in the district court within thirty (30) days after the entry of the judgment or order appealed from. A notice of appeal filed after the announcement of a decision, sentence or order but before entry of the judgment or order shall be treated as filed after such entry and on the day thereof. If a timely motion in arrest of judgment or for a new trial on any ground other than newly discovered evidence has been made, an appeal from a judgment of conviction may be taken within thirty (30) days after the entry of an order denying the motion. A motion for a new trial based on the ground of newly discovered evidence will similarly extend the time for appeal from a judgment of conviction if the motion is made before or within thirty (30) days after entry of the judgment. When an appeal by the state is authorized by statute, the notice of appeal shall be filed in the district court within thirty (30) days after the entry of the judgment or order appealed from. A judgment or order is entered within the meaning of this rule when it is signed by the judge and filed with the clerk.
(2) The district court judge shall enter a written judgment of conviction within ten (10) days after sentencing. The district court judge shall enter a written judgment or order finally resolving any post-conviction matter within twenty (20) days after the district court judge’s oral pronouncement of a final decision in such a matter. The judgment or order in any post-conviction matter must contain specific findings of fact and conclusions of law supporting the decision of the district court. This court may impose sanctions on any counsel instructed by the district court judge to draft the judgment or order and who does not submit the proposed judgment or order to the district court judge within the applicable time periods specified in this subsection.
[As amended; effective February 22, 1998.]
(c) Expediting Criminal Appeals. The court may, by a majority of its members, make orders to expedite the handling of criminal appeals, including without limitation the following:
(1) Elimination of steps in preparation of the record and the briefs.
(2) Expediting preparation of stenographic transcripts.
(3) Priority of calendaring for oral argument.
(4) Utilization of court opinions or per curiam orders.
Vegas Law
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