(b) Number of Copies to Be Filed and Served. An original and two (2) copies of each brief shall be filed with the clerk unless the court by order in a particular case shall direct a different number, and one copy shall be served on counsel for each party separately represented. The original must be signed in compliance with Rules 25(1)(e), 28, and 28A(a). (c) Consequences of Failure to File Briefs or Appendix. If an appellant fails to file an opening brief or appendix within the time provided by this Rule, or within the time extended, a respondent may move for dismissal of the appeal. If a respondent fails to file an answering brief, respondent will not be heard at oral argument except by permission of the court. The failure of respondent to file a brief may be treated by the court as a confession of error and appropriate disposition of the appeal thereafter made. If an appellant has not filed a reply brief, oral argument will be limited as provided by Rule 34(c). (d) Supplemental Authorities. Any party may supplement the party’s brief or briefs with supplemental authorities (but may not raise new points or issues) by filing and serving a supplemental memorandum not later than fifteen (15) days before the day set for oral argument, and any opposing party may respond thereto by filing and serving a supplemental memorandum not later than ten (10) days prior to argument. All matters presented in supplemental memoranda shall be clearly referenced to the parts of the party’s briefs on file which are supplemented by memorandum. Supplemental authorities shall not be filed less than ten (10) days prior to argument or subsequent to oral argument, except as ordered by the court. [As amended; effective September 1, 1996.] RULE 32. FORM OF BRIEFS, THE APPENDIX AND OTHER PAPERS (a) Form of Briefs and the Appendix. Briefs or appendices presented for filing in this court must be in a clear, legible, type on white, unglazed paper, 8 1/2 by 11 inches in size, not lighter that 16-lb. weight, and lined and numbered in the left margin. The type must be black in color, no smaller than 10 characters per inch, and be equally legible to printing. There shall be a margin of 1 inch at the top and bottom of each page, and at least 1 inch at the left side of the page. Except for quotations and footnotes, the lines shall be double-spaced. Only one side of the paper may be used. The pages shall be numbered at the bottom and firmly bound together at the upper left corner of the page. Briefs and appendices may be bound on the left, preferably with a spiral binding. Carbon copies of briefs and appendices may not be submitted without permission of the court, except on behalf of parties allowed to proceed in forma pauperis. Copies of the reporter’s transcript and other papers reproduced in a manner authorized by this rule may be inserted in the appendix; such pages may be informally renumbered if necessary. Covers for briefs and appendices are required. The cover of the brief of the appellant shall be blue; that of the respondent, red; that of the intervenor or amicus curiae, green; that of any reply brief, gray. The front cover of the appendix, if separately printed, shall be white. The front covers of the briefs and of appendices shall contain: (1) the name of the court and the number of the case; (2) the title of the case (see Rule 12(a)); (3) the nature of the proceeding in the court (e.g., Appeal; Petition for Review) and the name of the court below; (4) the title of the document (e.g., Appellant’s Opening Brief, Appendix to Appellant’s Opening Brief); and (5) the names, addresses, telephone numbers, and State Bar of Nevada identification numbers of counsel representing the party on whose behalf the document is filed. (b) Form of Other Papers. Motions, petitions for rehearing, and other papers shall be produced in the same manner as prescribed by subdivision (a), and shall contain a caption setting forth the name of the court, the title of the case, the case number, and a brief descriptive title indicating the purpose of the paper. (c) Effect of Non-Compliance With Rule. If briefs, petitions, motions or other papers are not prepared in accordance with this rule, the clerk will not file the document, but shall return it to be properly prepared. [As amended; effective March 31, 1995.] RULE 33. PREHEARING CONFERENCE The court may direct the attorneys for the parties to appear before the court or a justice thereof for a prehearing conference to consider the simplification of the issues and such other matters as may aid in the disposition of the proceeding by the court. The court or justice shall make an order which recites the action taken at the conference and the agreements made by the parties as to any of the matters considered and which limits the issues to those not disposed of by admissions or agreements of counsel, and such order when entered controls the subsequent course of the proceeding, unless modified to prevent manifest injustice. RULE 34. ORAL ARGUMENT (a) Notice of Argument; Postponement. The clerk shall advise all parties of the time and place at which oral argument will be heard, and whether argument will be before the full court or a panel. A request for postponement of the argument must be made by motion filed reasonably in advance of the date fixed for hearing. [As amended; effective January 4, 1999.] (b) Time Allowed for Argument. Unless the case is submitted for decision on the briefs pursuant to subsection (f) of this Rule, each side, at the discretion of the court, will be allowed 15 or 30 minutes for argument. If counsel is of the opinion that additional time is necessary for the adequate presentation of his or her argument, counsel may request such additional time as he or she deems necessary. A request for allowance of additional time must be made by motion reasonably in advance of the date fixed for the argument and shall be liberally granted if cause therefor is shown. A party is not obliged to use all of the time allowed, and the court may terminate the argument whenever in its judgment further argument is unnecessary. [As amended; effective January 4, 1999.] (c) Order and Content of Argument. The appellant is entitled to open and conclude the argument. If the appellant has not filed a reply brief, however, a concluding or rebuttal argument will not be allowed except by permission of the court or at the request of a justice. The opening argument shall include a fair statement of the case. Counsel will not be permitted to read at length from briefs, records or authorities. [As amended; effective June 19, 1983.] (d) Cross and Separate Appeals. A cross or separate appeal shall be argued with the initial appeal at a single argument, unless the court otherwise directs. If a case involves a cross-appeal, the plaintiff in the action below shall be deemed the appellant for the purpose of this Rule unless the parties otherwise agree or the court otherwise directs. If separate appellants support the same argument, care shall be taken to avoid duplication of argument. (e) Non-Appearance of Parties. If the respondent fails to appear to present argument, the court will hear argument on behalf of the appellant, if present. If the appellant fails to appear, the court may hear argument on behalf of the respondent, if respondent’s counsel is present. If neither party appears, the case will be decided on the briefs unless the court shall otherwise order. [As amended; effective January 4, 1999.] (f) Submission on Briefs. (1) The court may order a case submitted for decision on the briefs, without oral argument. (2) By agreement of the parties, a case may be submitted for decision on the briefs, but the court may direct that the case be argued. (3) Appeals brought in proper person and appeals in post-conviction proceedings instituted under NRS 34.360 et seq. will be submitted for decision without oral argument, but the court may direct that a case be argued. [As amended; effective January 4, 1999.] RULE 35. DISQUALIFICATION OF JUSTICES (a) Motions and Charges re Disqualification; Timeliness of Filing; Burden of Proof; Certificate of Attorney. Any ground for disqualification or recusal of a supreme court justice that is not raised in a timely manner through the filing of a formal motion or charge shall be deemed waived. In cases or proceedings before the Supreme Court of Nevada, motions and charges seeking the disqualification or recusal of a justice must not be based on any ground that the moving party has theretofore omitted to raise formally as soon as possible after receiving either actual or constructive notice thereof. In no event will the supreme court deem timely any motion or charge seeking the disqualification or recusal of a justice who has heard argument upon, or otherwise considered, any contested matter in the cause, except as to grounds based on fraud or like illegal conduct of which the challenging party had no notice until after the contested matter was considered. The motion or charge, the supporting affidavits, and the supporting brief of legal points and authorities, must not claim or suggest ostensible facts that are neither established by proper averments in the supporting affidavits nor by the record of the case. Any and all assertions of fact that are not documented by proper sworn averments in the affidavits, as provided herein, must be supported by citations to the specific page and line where support appears in the record of the case. The motion or charge must contain the certificate of the attorney, as an officer of the court, reciting specifically under oath that the attorney has read the motion or charge and supporting documents, that they all are in the form required by this rule, that based on personal investigation the attorney believes all grounds asserted to be legally valid and all supporting factual allegations to be true, and that the motion is made in good faith and not for purposes of delay or for other improper motive. (b) Form of Motions and Charges; Supporting Affidavits. A motion or charge seeking disqualification or recusal of a justice must be in writing, must set forth each ground for disqualification separately and with particularity, and for each ground must be supported, as to every fact alleged, by affidavit made upon personal knowledge by a person or persons affirmatively shown competent to testify. Supporting affidavits must set forth only such facts as would be admissible in evidence, and, as to all incidents or occurrences alleged, must establish timeliness by stating specifically the times and circumstances under which it is claimed that the same were discovered. Statements not in this form must not be filed. The burden of properly supporting with particularity both the timeliness of the motion or charge, and the grounds therefor, is upon the party who tenders the motion or charge.

Vegas Law