(a) Leave to Proceed on Appeal in Forma Pauperis From District Court to Supreme Court. A party to an action in a district court who desires to proceed on appeal in forma pauperis shall file in the district court a motion for leave so to proceed, together with an affidavit showing, in the detail prescribed by Form 4 of the Appendix of Forms, his inability to pay fees and costs or to give security therefor, his belief that he is entitled to redress, and a statement of the issues which he intends to present on appeal. If the motion is granted, the party may proceed without further application to the Supreme Court and without prepayment of fees or costs in either court or the giving of security therefor. If the motion is denied, the district court shall state in writing the reasons for the denial. Notwithstanding the provisions of the preceding paragraph, a party who has been permitted to proceed in an action in the district court in forma pauperis, or who has been permitted to proceed there as one who is financially unable to obtain an adequate defense in a criminal case, may proceed on appeal in forma pauperis without further authorization unless, before or after the notice of appeal is filed, the district court shall certify that the appeal is not taken in good faith or shall find that the party is otherwise not entitled so to proceed, in which event the district court shall state in writing the reasons for such certification or finding. If a motion for leave to proceed on appeal in forma pauperis is denied by the district court, or if the district court shall certify that the appeal is not taken in good faith or shall find that the party is otherwise not entitled to proceed in forma pauperis, the clerk shall forthwith serve notice of such action. A motion for leave so to proceed may be filed in the Supreme Court within thirty (30) days after service of notice of the action of the district court. The motion shall be accompanied by a copy of the affidavit filed in the district court, or by the affidavit prescribed by the first paragraph of this subdivision if no affidavit has been filed in the district court, and by a copy of the statement of reasons given by the district court for its action. (b) Reserved. (c) Form of Briefs, Appendices and Other Papers. Parties allowed to proceed in forma pauperis may file briefs, appendices and other papers in typewritten form, and may request that the appeal be heard on the original record without the necessity of reproducing parts thereof in any form. V. GENERAL PROVISIONS RULE 25. FILING AND SERVICE 1. Filing. Papers required or permitted to be filed in the Supreme Court shall be filed with the clerk as hereinafter provided by this rule. (a) Filing in General. Filing may be accomplished by mail addressed to the clerk at the Supreme Court of Nevada, 201 South Carson Street, Suite 201, Carson City, Nevada 89701-4702. Unless the court by order in a particular case shall direct otherwise, a document is timely filed if, on or before the last day for filing, it is: (i) mailed to the clerk by First-Class Mail, or other class of mail that is at least as expeditious, postage prepaid; or (ii) dispatched to the clerk for delivery within 3 calendar days by a third-party commercial carrier; or (iii) deposited in the Supreme Court drop box as provided in section (3) of this rule below. (b) Service of All Papers Required. Copies of all papers filed by any party and not required by these rules to be served by the clerk shall, at or before the time for filing, be served by a party or person acting for that party on all other parties to the appeal or review. Service on a party represented by counsel shall be made on counsel. (c) Manner of Service. Service may be personal, by mail, or by third-party commercial carrier for delivery within 3 calendar days. When reasonable, considering such factors as the immediacy of the relief sought, distance, and cost, service on a party shall be by a manner at least as expeditious as the manner used to file the paper with the court. Personal service includes delivery of the copy to a clerk or other responsible person at the office of counsel. Service by mail or by commercial carrier is complete on mailing or delivery to the carrier. (d) Proof of Service. Papers presented for filing shall contain an acknowledgment of service by the person served or proof of service in the form of a statement of the date and manner of service, of the names of the persons served, and of the addresses to which the papers were mailed or at which they were delivered, certified by the person who made service. Proof of service may appear on or be affixed to the papers filed. The clerk may permit papers to be filed without acknowledgment or proof of service but shall require such to be filed promptly thereafter. The court will not take any action on any such papers, including requests for ex parte relief, until an acknowledgment or proof of service is filed. (e) Original Signature and Bar Number Required. All documents submitted to the Supreme Court for filing by a represented party shall include the original signature of at least one (1) attorney of record who is an active member of the bar of this state, and the address, telephone number, and State Bar of Nevada identification number of the attorney and of any associated attorney appearing for the party filing the paper. All documents submitted to this court for filing by unrepresented parties shall include the original signature of the party, and shall state the party’s address and telephone number. 2. Filing by Telephonic Transmission. Papers may be filed with the clerk of the Supreme Court by means of telephonic transmission as hereinafter provided by this section. (a) In Cases Involving Death Penalty. Documents that relate to stays of execution in death penalty cases will be received for filing by the clerk of the Supreme Court through telephonic transmission to the telefax machine situated in the office of the clerk in Carson City. Such transmission may be made whenever counsel may consider that the interests of their clients will be served. (b) Other Documents. In all other cases, documents may be received for filing by the clerk through telephonic transmission only in cases of emergency, and only if an oral request for permission to do so has first been tendered to the clerk and approved, upon a showing of good cause, by any justice or the clerk. (c) Procedure. In all instances, including matters relating to stays of execution in death penalty cases, counsel must first notify the clerk of counsel’s intention to transmit documents telephonically. In all cases not involving stays of execution of the death penalty, counsel must be advised by the clerk that approval has been granted pursuant to subdivision (2)(b) of this rule before any document may be transmitted. Upon receipt of the transmitted documents, the clerk shall make the number of photocopies of the transmissions required by these rules, and shall file the photocopies. (d) Original; Service. In all cases where a document has been telephonically transmitted and filed pursuant to this section, counsel must file the original document with the clerk, in the manner provided in section (1), within three (3) judicial days of the date of the telephonic transmission. Copies of all documents filed in accordance with this section shall be served within the time and in the manner provided in section (1) of this rule. The original shall be accompanied by proof of service on all parties as required by section (1) of this rule. (e) Costs. The party filing a document by means of telephonic transmission shall be responsible for all costs of the telephonic transmission and the costs of photocopying the documents transmitted. The clerk of the Supreme Court shall promptly inform counsel of the amount of costs. Such costs shall be paid within ten (10) days of the date of the telephonic request. 3. Supreme Court Drop Box. Papers may be submitted for filing with the clerk of the Supreme Court by means of the court’s drop box as hereinafter provided by this section. (a) Papers Eligible for Drop Box Submission. Any paper required or permitted to be filed in the Supreme Court may be deposited in the drop box located in the Supreme Court’s Las Vegas Office. Documents which require the payment of filing fees may be deposited in the drop box; however, the filing fee must be in the form of a check or money order payable to the clerk. No cash shall be deposited in the drop box. (b) Requests for Emergency or Expedited Relief. A request for emergency or expedited relief, or a response thereto, should not be deposited in the drop box. To ensure timely consideration by the Supreme Court, counsel is advised to submit such documents to the clerk’s office in Carson City by the most expeditious means feasible, such as overnight delivery, same-day courier service, or telephonic transmission as provided for in section (2) above. (c) Procedure. Papers may be deposited in the drop box during all hours the Las Vegas Office is open. Prior to being placed in the drop box, papers must be date and time stamped, and enclosed in a sealed envelope. Filing is timely if, on or before the last day of the prescribed filing period, the document is properly date and time stamped and deposited in the drop box. A document is properly date and time stamped if the original document, or the envelope containing the document, bears the Supreme Court’s drop box stamp. Stamping of copies submitted to the court is not required. (d) Transmission of Documents to Carson City. All documents will be transmitted to the clerk’s office in Carson City the next judicial day after their deposit in the drop box. Upon receipt of the papers in Carson City, the clerk shall process them in accordance with these Rules. [As amended; effective March 15, 2000.] RULE 25A. FULL COURT, PANELS, SESSION, QUORUM AND ADJOURNMENTS (a) Transaction of Judicial Business in Open Court, Chambers. Matters of judicial business to be transacted in open court shall be arranged by calendar setting fixed by court order. Matters of judicial business to be transacted in chambers shall be arranged by appointment with the clerk.

Vegas Law