(v) Verdict or findings of fact and conclusions of law with direction for entry of judgment thereon; (vi) Master’s report, if any, in non-jury cases; (vii) Opinion; (viii) All judgments or orders appealed from; (ix) All notices of appeal; and (x) Proof of service, if any, of (a) the summons and complaint; (b) written notice of entry of the judgment or order appealed from; (c) post-judgment motions enumerated in Rule 4(a); and (d) written notice of entry of an order resolving any post-judgment motions enumerated in Rule 4(a). (3) Appellant’s Appendix. If a joint appendix is not prepared, appellant’s appendix to the opening brief shall include those documents required for inclusion in the joint appendix pursuant to this Rule, and any other portions of the record essential to determination of issues raised in appellant’s appeal. (4) Respondent’s Appendix. If a joint appendix is not prepared, respondent’s appendix to the answering brief may contain any documents which should have been but were not included in the appellant’s appendix, and shall otherwise be limited to those documents necessary to rebut appellant’s position on appeal which are not already included in appellant’s appendix. (5) Reply Appendix. Appellant may file an appendix to the reply brief which shall include only those documents necessary to reply to respondent’s position on appeal. (c) Arrangement and Form of Appendix. The appendix shall be in the form required by Rule 32(a), shall be bound separately from the briefs, and shall be arranged as set forth in this Rule. (1) Order and Numbering of Documents. All documents included in the appendix shall be placed in chronological order by the dates of filing beginning with the first document filed, and shall bear the file-stamp of the district court clerk, clearly showing the date the document was filed in the proceedings below. Each page of the appendix shall be numbered consecutively in the lower right corner of the document. (2) Page Limits; Index of Appendix. Each volume of the appendix shall contain no more than 250 pages. The appendix shall contain an alphabetical index identifying each document with reasonable definiteness, and indicating the volume and page of the appendix where the document is located. The index shall preface the documents comprising the appendix. If the appendix is comprised of more than one volume, one alphabetical index for all documents shall be prepared and shall be placed in each volume of the appendix. (3) Cover. The cover of an appendix shall be white and shall contain the same information as the cover of a brief under Rule 32(a), but shall be prominently entitled “JOINT APPENDIX,” or “APPELLANT’S APPENDIX,” or “RESPONDENT’S APPENDIX” or “APPELLANT’S REPLY APPENDIX.” (d) Exhibits. Copies of relevant and necessary exhibits shall be clearly identified, and shall be included in the appendix as far as practicable. If the exhibits are too large or otherwise incapable of being reproduced in the appendix, the parties may file a motion requesting the Supreme Court to direct the district court clerk to transmit the original exhibits. The Supreme Court will not permit the transmittal of original exhibits except upon a showing that the exhibits are relevant to the issues raised on appeal, and that the Supreme Court’s review of the original exhibits is necessary to the determination of the issues. (e) Time for Service and Filing of Appendix. A joint appendix shall be filed and served no later than the filing of appellant’s opening brief. An appellant’s appendix shall be served and filed with appellant’s opening brief. A respondent’s appendix shall be served and filed with respondent’s answering brief. If a reply brief is filed, any reply appendix shall be served and filed with the reply brief. (f) Number of Copies to Be Filed and Served. One copy of the appendix shall be filed with the clerk, and one copy shall be served on counsel for each party separately represented, unless the court orders otherwise. (g) Filing as Certification; Sanctions for Non-Conforming Copies or for Substantial Underinclusion. (1) Filing an appendix constitutes a representation by counsel that the appendix consists of true and correct copies of the papers in the district court file. Willful or grossly negligent filing of an appendix containing nonconforming copies is an unlawful interference with the proceedings of the Supreme Court, and subjects counsel, and the party represented, to monetary and any other appropriate sanctions. (2) If an appellant’s appendix is so inadequate that justice cannot be done without requiring inclusion of documents in the respondent’s appendix which should have been in the appellant’s appendix, or without the court’s independent examination of portions of the original record which should have been in the appellant’s appendix, the court may impose monetary sanctions. (h) Costs. Each party shall, initially, bear the cost of preparing its separate appendices. The appellant shall, initially, bear the cost of preparing a joint appendix; where several parties appeal from the same judgment or any part thereof, or there is a cross-appeal, the initial expense of preparing a joint appendix shall be borne equally by the parties appealing, or as the parties may agree. [Replaced; effective September 1, 1996.] RULE 31. FILING AND SERVICE OF BRIEFS (a) Time for Serving and Filing Briefs. Unless otherwise specified in these or any other court rules, briefs shall be filed in accordance with the schedule set forth in this Rule. (1) All Appeals Except Child Custody, Visitation, or Capital Cases. The appellant shall serve and file the opening brief within one hundred and twenty (120) days after the date on which the appeal is docketed in the Supreme Court. The respondent shall serve and file the answering brief within thirty (30) days after service of the brief of the appellant. After service of respondent’s brief, the appellant’s reply brief must be served and filed within thirty (30) days. If the respondent has cross-appealed, the respondent’s reply brief shall be served and filed thirty (30) days after service of appellant’s response to the issues presented by the cross-appeal. By written stipulation timely filed with the Supreme Court, the parties may extend the time for filing any brief for a total of thirty (30) additional days unless the court otherwise orders (see Rule 26(d)). Applications for extensions of time beyond that to which the parties are permitted to stipulate are not favored, and will be considered only on motion for good cause clearly shown, or ex parte in cases of extreme and unforeseeable emergency. The Supreme Court may shorten the periods prescribed above for serving and filing briefs, either by rule for all cases or for classes of cases, or by order for specific cases. (2) Child Custody or Visitation Cases. If an appeal is prosecuted from any order of the district court affecting the custody or visitation of minor children, including actions seeking termination of parental rights, the appellant shall serve and file the opening brief within ninety (90) days after the date on which appellant’s notice of appeal is filed in the district court. The respondent shall serve and file the answering brief within twenty (20) days after service of the brief of the appellant. After service of respondent’s brief, the appellant’s reply brief must be served and filed within ten (10) days. If the respondent has cross-appealed, the respondent’s reply brief shall be served and filed within ten (10) days after service of appellant’s response to the issues presented by the cross-appeal. The Supreme Court may order oral argument at its discretion. Where oral argument is not ordered, the matter shall be submitted for decision on the briefs and the appendix within sixty (60) days of the date that the final brief is due. The Supreme Court will grant extensions of time in the briefing schedule only in extraordinary cases that present unforeseeable circumstances justifying an extension of time. No extensions of time by stipulation are permitted. [As amended; effective July 29, 1998.] (3) Capital Cases. The briefing schedule for all appeals in capital cases is governed by the provisions of S.C.R. 250(IV)(G).

Vegas Law