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(b) Sessions, Quorum and Adjournments. (1) No arguments will be heard or open sessions held on Saturday, Sunday or other nonjudicial days. (2) The full court consists of all seven members of the court. A panel consists of three members of the court. A quorum of the full court sitting en banc shall be four and a quorum of the court sitting as a panel shall be two. A senior justice or an active or senior district court judge may be assigned to sit in place of a justice as provided by law. (3) In the absence of a quorum, on any day appointed for holding a session of the court, the justices attending (or if no justices are present, the clerk or a deputy clerk) may adjourn the court until there is a quorum. Where only four justices are present for oral argument before the full court or where only two justices are present for oral argument before a panel of the court, the absent justices, on order of the chief justice, or, in his or her absence, the presiding justice, may participate in the decision and the opinion of the court upon the written briefs or points and authorities. (4) The court may, in appropriate instances, direct the clerk or the bailiff to announce recesses and adjournments. [As amended; effective January 4, 1999.] RULE 26. COMPUTATION AND EXTENSION OF TIME (a) Computation of Time. In computing any period of time prescribed by these rules, by an order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, Sunday or a nonjudicial day, in which event the period extends until the end of the next day which is not a Saturday, Sunday or a nonjudicial day. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and nonjudicial days shall be excluded in the computation. (b) Enlargement of Time. The court for good cause shown may upon motion enlarge the time prescribed by these rules or by its order for doing any act, or may permit an act to be done after the expiration of such time; but the court may not enlarge the time for filing a notice of appeal. (c) Additional Time After Service by Mail. Whenever a party is required or permitted to do an act within a prescribed period after service of a paper upon him and the paper is served by mail, three (3) days shall be added to the prescribed period. Specific due dates set by court order or acts required to be taken within a time period set forth in the order are not subject to this additional 3-day allowance. (d) Time—Extension, Shortening. Except as otherwise provided in these rules, or when not otherwise controlled by statute, the time provided in any of these rules within which an act shall be done, may be extended or shortened by stipulation of the parties, or by order of the court or a justice thereof upon good cause shown. No stipulation extending time shall be effective unless approved by the court or a justice thereof; and such stipulations must be filed before expiration of the time period which is sought to be extended. [As amended; effective March 31, 1995.] RULE 27. MOTIONS (a) Content of Motions; Response; Reply. Unless another form is elsewhere prescribed by these Rules, an application for an order or other relief shall be made by filing a motion for such order or relief with proof of service on all other parties. The motion shall contain or be accompanied by any matter required by a specific provision of these Rules governing such a motion, shall state with particularity the grounds on which it is based, and shall set forth the order or relief sought. If a motion is supported by briefs, affidavits or other papers, they shall be served and filed with the motion. Any party may file a response in opposition to a motion other than one for a procedural order (for which see subdivision (b)) within seven (7) days after service of the motion, but motions authorized by Rules 8 and 41 may be acted upon after reasonable notice, and the court may shorten or extend the time for responding to any motion. A reply to the opposition to a motion shall not be filed unless permission is first sought and granted by the Supreme Court. [As amended; effective September 1, 1989.] (b) Determination of Motions for Procedural Orders. Notwithstanding the provisions of the preceding paragraph as to motions generally, motions for procedural orders, including any motion under Rule 26(b) may be acted upon at any time, without awaiting a response thereto, and pursuant to subsection (c), motions for specified types of procedural orders may be disposed of by the clerk. Any party adversely affected by such action may request reconsideration, vacation or modification of such action. [As amended; effective January 4, 1999.] (c) Power of a Single Justice to Entertain Motions; Delegation of Authority to Entertain Motions. In addition to the authority expressly conferred by these Rules or by law, a single justice of the Supreme Court may entertain and may grant or deny any request for relief which under these Rules may properly be sought by motion, except that a single justice may not dismiss or otherwise determine an appeal or other proceeding, and except that the Supreme Court may provide by order or rule that any motion or class of motions must be acted upon by the court. The action of a single justice may be reviewed by the court. The chief justice may delegate to the clerk authority to decide motions that are subject to disposition by a single justice. An order issued by the clerk pursuant to this rule shall be subject to reconsideration by a single justice pursuant to motion filed within ten (10) days after entry of the clerk’s order. [As amended; effective January 4, 1999.] (d) Form of Papers; Number of Copies. All papers relating to motions may be typewritten. One copy shall be filed with the original, but the court may require that additional copies be furnished. [As amended; effective January 4, 1999.] RULE 28. BRIEFS (a) Brief of the Appellant. The brief of the appellant shall be entitled “Appellant’s Opening Brief” and shall contain under appropriate headings and in the order here indicated: (1) A table of contents, with page references, and a table of cases (alphabetically arranged), statutes and other authorities cited, with references to the pages of the brief where they are cited. (2) A statement of the issues presented for review. (3) A statement of the case. The statement shall first indicate briefly the nature of the case, the course of proceedings, and its disposition in the court below. There shall follow a statement of the facts relevant to the issues presented for review, with appropriate references to the record (see subdivision (e)). (4) An argument. The argument may be preceded by a summary. The argument shall contain the contentions of the appellant with respect to the issues presented, and the reasons therefor, with citations to the authorities, statutes and parts of the record relied on. (5) A short conclusion stating the precise relief sought. (6) An attorney’s certificate that complies with the requirements contained in Rule 28A. (b) Brief of the Respondent. The brief of the respondent shall be entitled “Respondent’s Answering Brief” and shall conform to the requirements of subdivision (a)(1)-(4), except that a statement of the issues or of the case need not be made unless the respondent is dissatisfied with the statement of the appellant. The respondent’s answering brief shall contain an attorney’s certificate that complies with the requirements contained in Rule 28A.

Vegas Law




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