(d) Failure of Timely Transmittal; Extensions. In the event the district court clerk cannot timely transmit the record, the clerk shall seek an extension of time from the Supreme Court. A district court clerk who fails to transmit a timely record on appeal without sufficient excuse may be subject to sanctions. (1) Extension of Time; Supporting Documentation and Affidavits. Any motion by the district court clerk to extend the time for transmitting the record shall be accompanied by the affidavit of the clerk or deputy clerk setting forth the reasons for the requested extension, and the length of additional time needed to prepare the record. [Replaced; effective September 1, 1996.] RULE 12. DOCKETING THE APPEAL; FILING OF THE RECORD (a) Docketing the Appeal. Upon receipt of the copies of the notice of appeal and other documents transmitted by the district court clerk pursuant to Rule 3, the clerk of the Supreme Court shall enter the appeal upon the docket. The clerk shall immediately give notice to all parties of the date on which the appeal was docketed. Automatic appeals from a judgment of conviction of death shall be docketed in accordance with S.C.R. 250. (1) The Supreme Court may upon motion for cause shown enlarge the time for docketing the appeal or permit the appeal to be docketed out of time. (2) If a notice of appeal is filed by any party other than the original appellant, in accordance with Rule 4(a), the parties shall be designated as appellants and cross-appellants as required by Rule 28(h). A subsequent appeal shall in all respects be treated as an initial appeal, including the payment of the prescribed filing fee. Cross-appeals will be filed under the same docket number, and calendared and argued with the initial appeal. (b) Filing of the Record. Upon receipt of the record by the clerk of the Supreme Court, the clerk shall file the record. The clerk shall immediately give notice to all parties of the date on which the record was filed. (c) Dismissal for Failure of Appellant to Docket Appeal. If the appellant shall fail to cause timely docketing of the appeal or to pay the filing fee if a docket fee is required, any respondent may file a motion in the Supreme Court to dismiss the appeal. The motion shall be supported by a certificate of the clerk of the district court showing the date and substance of the judgment or order from which the appeal was taken, the date on which the notice of appeal was filed, and by proof of service. The appellant may respond within seven (7) days of such service. The clerk shall docket the appeal for the purpose of permitting the court to entertain the motion without requiring payment of the filing fee, but the appellant shall not be permitted to respond without payment of the fee unless the appellant is otherwise exempt therefrom. [As amended; effective September 1, 1996.] RULE 13. COURT REPORTERS’ DUTIES AND OBLIGATIONS; SANCTIONS (a) Court Reporters’ Duties and Obligations. Persons serving as court reporters or reporters pro tempore in trials, proceedings, or hearings subject to Supreme Court review are, for such purposes, officers of the Supreme Court, and as such are accountable to the Supreme Court for the faithful performance of their duties and obligations. Subject to the provisions of Rule 9, any person acting as a court reporter or reporter pro tempore in a trial, proceeding, or other matter subject to Supreme Court review has a duty expeditiously to prepare, and punctually to deliver, all transcripts needed for such review; such person accordingly has a duty to refrain from undertaking further professional assignments that may unduly interfere with timely preparation and delivery of transcripts necessary for review of matters already heard; and where appropriate such person shall promptly notify every affected judge of the reporter’s consequent unavailability to report matters currently being heard, so that substitute reporters pro tempore may be obtained. (b) Sanctions. For default in the professional obligations of any court reporter or reporter pro tempore, if such default threatens or adversely affects the efficiency or integrity of the Supreme Court, appropriate sanctions will be imposed. The Supreme Court may, for reasons stated, enter an order (1) referring an apparent offender to the Certified Shorthand Reporters Board of Nevada for disciplinary action in accordance with the provisions of Chapter 656 of the Nevada Revised Statutes; or (2) requiring such person to appear before the Supreme Court, or its designated master, to show cause why he or she should not be precluded from undertaking to act as a reporter in regard to any trial, proceeding, administrative hearing, or deposition, that is subject to Supreme Court review; why he or she should not be punished for contempt of court; and why damages should not be awarded to either or both parties, and to the State of Nevada, if loss of court time results. [As amended; effective September 1, 1996.] RULE 14. DOCKETING STATEMENT (a) Application and Purpose of Docketing Statement. Appellants shall file completed docketing statements in accordance with the provisions of this Rule in all civil and criminal appeals, except criminal appeals governed by Rule 3C. Unless a cross-appeal is filed, the respondent may not complete a docketing statement but may file a response as specified in subsection (f) of this Rule. This Rule does not apply to original proceedings commenced in the Supreme Court pursuant to NRS Chapters 34 or 35. An appellant appearing in proper person shall not file a docketing statement unless ordered to do so by the Supreme Court. A respondent appearing in proper person may not file a response to the appellant’s docketing statement unless permission is first sought and granted by the Supreme Court pursuant to Rule 46. The purpose of the docketing statement is to assist the Supreme Court in identifying jurisdictional defects, scheduling cases for oral argument and settlement conferences, classifying cases for expedited treatment, and compiling statistical information. (b) Time for Filing. Within fifteen (15) days after docketing of the appeal pursuant to Rule 12, the appellant shall file a docketing statement with the clerk of the Supreme Court, on a form provided by the clerk. An original and one (1) copy shall be filed, together with proof of service of a copy of the completed statement on all parties. Legible photostatic copies of the original form provided by the clerk will be accepted by the clerk for filing in lieu of the original form. [As amended; effective May 8, 2001.] (c) Consequences of Failure to Comply. The statement must be completed fully and accurately. For civil appeals, copies of all requested documents must be attached to the completed docketing statement. Although the statement of the issues requested by the form is not binding, counsel should be mindful of the purpose of the docketing statement. The Supreme Court may impose sanctions on counsel or appellant if it appears that the information provided is incomplete or inaccurate, or if the requested documentation has not been attached. Failure to file a docketing statement within the time prescribed shall not affect the validity of the appeal, but is grounds for such action as the Supreme Court deems appropriate including sanctions and dismissal of the appeal. [As amended; June 21, 1999.] (d) Extensions of Time. A motion for an extension of time within which to file the docketing statement will be granted only for the most compelling reasons. Counsel’s caseload generally will not provide grounds for an extension. (e) Multiple Appellants. In cases involving more than one appellant, any number of appellants may join in a single docketing statement. Multiple appellants are encouraged to consult with each other and, whenever possible, file only one docketing statement. (f) Response by Respondent(s). Respondent, within seven (7) days after service of the docketing statement, may file an original and one (1) copy of a single-page response, together with proof of service on all parties, if respondent strongly disagrees with appellant’s statement of the case or issues on appeal. If respondent believes there is a jurisdictional defect, respondent should file a motion to dismiss. In cases involving more than one respondent, any number of respondents may join in a single response. Multiple respondents are encouraged to consult with each other and, whenever possible, file only one response. (g) Cross-Appeals. All parties who have filed a notice of appeal, whether designated as appellants or cross-appellants, shall comply with subsection (a) of this Rule. Cross-appellants and cross-respondents are subject to all the provisions of this Rule as are appellants and respondents. [As amended; effective September 1, 1996.] RULE 15. REPEALED [EFFECTIVE DECEMBER 30, 1997.] RULE 16. SETTLEMENT CONFERENCES IN CIVIL APPEALS (a) Submission of Case to Settlement Conference; Removal of Case from Settlement Program. Any civil appeal may be scheduled for a settlement conference. The Supreme Court, or any person designated by the court, shall determine whether to schedule an appeal for a settlement conference. The settlement conference shall be presided over by a senior justice, senior judge, or other judicial officer appointed by the Supreme Court, who shall be designated the settlement judge. The settlement judge may, for good cause shown, recommend that an appeal be removed from the settlement program. To recommend that an appeal be removed from the settlement program, the settlement judge shall file, within twenty (20) days from the date the settlement judge receives the case assignment, a report with the clerk of the Supreme Court setting forth the basis for the recommendation. (b) Scheduling of Settlement Conference. The clerk of the Supreme Court shall notify the parties of the scheduling of a settlement conference, and of the name of the presiding settlement judge. No later than thirty (30) days from the date of the clerk’s notice, the settlement judge will schedule the appeal for a settlement conference. (c) Suspension of Rules. The clerk’s issuance of a scheduling notice automatically stays the time for filing a request for transcripts under Rule 9, and for filing briefs under Rule 31. Issuance of the notice also stays the preparation and filing of any transcripts ordered pursuant to Rule 9.

Vegas Law