(c) Legal Authorities. All motions and charges seeking disqualification or recusal of a justice must be accompanied by a brief of legal points and authorities, setting forth specifically and under separate headings the legal basis for each ground alleged in the motion or charge. Failure to present substantial legal authority for any ground is a basis for summary denial of the motion or charge, and is a willful violation of this rule. (d) Personal Service Upon Opposing Counsel; Response; Reply Allowed Only With Leave of Court. The motion or charge, and all supporting documents, must be personally served upon counsel for all adverse parties at least one (1) full judicial day before being tendered to the clerk of this court for filing, and unless otherwise ordered all adverse parties will have ten (10) days from the date on which a motion or charge has been filed in which to file opposition, including answering points and authorities and affidavits. A reply to the opposition must not be tendered to the clerk for filing without leave of court first granted upon application to the chief justice or other justice next senior in commission against whom the motion or charge is not directed, after three (3) days’ notice in writing to all interested parties. A motion or charge for disqualification or recusal will be decided, without further written submissions from the parties, upon the filing of the motion or charge, and the opposition, together with any reply that has been authorized. Serial motions or charges, whether entitled as separate challenges, or as supplements, or entitled in any other way, must not be filed, and will not be entertained. Telefax communications must not be employed to expand upon authorized submissions or in any way to avoid the limitations stated herein. The challenged justice may tender a response to the motion or charge, either in writing, or orally at any hearing that may be ordered by the court. (e) Sanctions for Abuse or Failure to Comply With Rule. For any violation of this rule, or for the filing of any motion or charge or supporting documents found to be tendered for purposes of delay, lacking diligence or lacking good faith in any particular, the court may impose appropriate sanctions, including awards of costs, attorneys’ fees, and damages to any person injured, delayed or inconvenienced by the motion or charge. If the supreme court determines that any abuse or misconduct has occurred warranting professional sanctions beyond monetary awards, the court may convene a hearing for the purpose of determining the same or, in its discretion, may appoint a master to conduct a hearing in its stead and to make recommendations as to the sanctions to be imposed. Any true and relevant statement properly made in presenting a motion or charge as provided by this rule is privileged. There is no privilege to present defamatory matter in a motion or charge, or in supporting documents, that is untrue or that is contained in any paper filed without authorization under this rule. [Added; effective May 25, 1990.] RULE 36. ENTRY OF JUDGMENT (a) Filing Constitutes Entry; Clerk Mails Copies to Parties. The filing of the court’s decision or order constitutes entry of the judgment. The clerk shall file the judgment following receipt thereof from the court. If a judgment is rendered without an opinion, the clerk shall enter the judgment following instruction from the court. The clerk shall, on the date judgment is entered, mail to all parties a copy of the opinion, if any, or of the order entering judgment, if no opinion was written. (1) The justices of the supreme court, or district judges designated by the governor to serve on the supreme court for a specific case, if they are physically present within the State of Nevada, may sign duplicate copies of any order or opinion. If duplicate copies of an order or opinion are signed by the various members of the supreme court, the judges or justices signing the duplicate copies shall date their signatures on duplicate copies and shall immediately inform the clerk of the court that the duplicate copies are signed. The clerk of the court shall then note on the appropriate signature line of the original order or opinion that the absent judges or justices have signed duplicate copies of the order or opinion pursuant to this subdivision. When possible, a facsimile of each signed duplicate copy of the order or opinion shall also be transmitted immediately to the clerk of the court. The duplicate copies of the order or opinion containing the original signatures of the judges or justices shall be sent by the fastest means available to the clerk of the supreme court, who shall place those duplicates in the court’s file. [Added; effective April 24, 1990.] (2) An order or opinion that is signed in duplicate pursuant to this subdivision shall be filed by the clerk of the supreme court upon receipt of notification from the absent judges or justices that they have signed the duplicate copies. The order or opinion shall be effective for all purposes when the clerk receives notification pursuant to this subdivision that the requisite number of signatures have been obtained and it is filed by the clerk. All orders or opinions that are signed pursuant to this subdivision shall contain a notice to the parties that it was signed pursuant to this subdivision. [Added; effective April 24, 1990.] (b) Reversal, Modification; Certified Copy of Opinion to Lower Court. Where a judgment is reversed or modified, a certified copy of the opinion in the case shall be transmitted with the remittitur to the court below. RULE 37. INTEREST ON JUDGMENTS Unless otherwise provided by law, if a judgment for money in a civil case is affirmed, whatever interest is allowed by law shall be payable from the date the judgment was entered in the district court. If a judgment is modified or reversed with a direction that a judgment for money be entered in the district court, the mandate shall contain instructions with respect to allowance of interest. RULE 38. DAMAGES FOR DELAY (a) Frivolous Appeals; Costs. If the Supreme Court shall determine that an appeal is frivolous, it may award just damages and single or double costs to the respondent. (b) Frivolous Appeals; Attorney Fees as Costs. In any civil matter, when an appeal has frivolously been taken or been processed in a frivolous manner; when circumstances indicate that an appeal has been taken or processed solely for purposes of delay, when an appeal has been occasioned through respondent’s imposition on the court below; or whenever the appellate processes of this court have otherwise been misused, this court may, on its own motion, require the offending party to pay, as costs on appeal, such attorney fees as it deems appropriate to discourage like conduct in the future. RULE 39. COSTS (a) To Whom Allowed. Except as otherwise provided by law, if an appeal is dismissed, costs shall be taxed against the appellant unless otherwise agreed by the parties or ordered by the court; if a judgment is affirmed, costs shall be taxed against the appellant unless otherwise ordered; if a judgment is reversed, costs shall be taxed against the respondent unless otherwise ordered; if a judgment is affirmed or reversed in part, or is vacated, costs shall be allowed only as ordered by the court. (b) Reserved. (c) Costs of Briefs, Appendices, Counsel’s Transportation; Limitation. The cost of printing or otherwise producing necessary copies of briefs or appendices shall be taxable in the Supreme Court at rates not higher than those generally charged for such work in the area where the district court is located. The actual costs of round trip transportation for one attorney, actually attending arguments before the Supreme Court, between the place where the district court is located and the place where the appeal is argued shall be taxable. For the purpose of the preceding sentence “actual costs” for private automobile travel shall be deemed to be 15 cents per mile, but where commercial air transportation is available at a cost less than private automobile travel, only the cost of the air transportation shall be taxable. A party who desires such costs to be taxed shall state them in an itemized and verified bill of costs which he shall file with the clerk, with proof of service, within fourteen (14) days after the entry of judgment. The maximum amount of costs taxable under this section shall be $250.00. [As amended; effective September 1, 1989.] (d) Clerk to Insert Costs in Remittitur. The clerk shall prepare and certify an itemized statement of costs taxed in the Supreme Court for insertion in the remittitur. If the remittitur has been issued before final determination of costs, the statement, or any amendment thereof, may be added to the remittitur at any time upon request of the clerk of the Supreme Court. (e) Costs on Appeal Taxable in the District Courts. Costs incurred in the preparation and transmission of the record, the cost of the reporter’s transcript, if necessary for the determination of the appeal, the premiums paid for cost of supersedeas bonds or other bonds to preserve rights pending appeal, and the fee for filing the notice of appeal shall be taxed in the district court as costs of the appeal in favor of the party entitled to costs under this Rule. RULE 40. PETITION FOR REHEARING (a) Procedure and Limitations. (1) Time for Filing; Content. A petition for rehearing may be filed within eighteen (18) days after the filing of the court’s decision pursuant to Rule 36 unless the time is shortened or enlarged by order. The three day mailing period set forth in Rule 26(c) does not apply to the time limits set by this Rule. The petition shall state briefly and with particularity the points of law or fact which in the opinion of the petitioner the court has overlooked or misapprehended and shall contain such argument in support of the petition as the petitioner desires to present. Oral argument in support of the petition will not be permitted. Any claim that this court has overlooked or misapprehended a material fact shall be supported by a reference to the page of the transcript, appendix or record where the matter is to be found; any claim that this court has overlooked or misapprehended a material question of law or has overlooked, misapplied or failed to consider controlling authority shall be supported by a reference to the page of the brief where petitioner has raised the issue. (2) Petitions in Criminal Appeals; Exhaustion of State Remedies. This court considers a decision by a panel or the en banc court resolving a claim of error in a criminal case, including a claim for post-conviction relief, to be final for purposes of exhaustion of state remedies in subsequent federal proceedings. Rehearing is available only under the limited circumstances set forth in subsection (c) of this Rule. Petitions for rehearing filed on the pretext of exhausting state remedies may result in sanctions pursuant to subsection (g) of this Rule. (b) Form of Petition and Answer; Number of Copies; Length; Filing Fee. (1) Panel Decision. A petition for rehearing of a panel decision, or an answer to the petition, shall be in a form prescribed by Rule 32, and an original and four (4) copies shall be filed with the clerk unless the court by order in a particular case shall direct a different number. One copy shall be served on counsel for each party separately represented. (2) En Banc Decision. A petition for rehearing of an en banc decision, or an answer to the petition, shall be in a form prescribed by Rule 32, and an original and eight (8) copies shall be filed with the clerk unless the court by order in a particular case shall direct a different number. One copy shall be served on counsel for each party separately represented. (3) Length. Except by permission of the court, a petition for rehearing, or an answer to the petition, shall not exceed 10 pages. (4) Filing Fee. A $150 filing fee shall be paid to the clerk at the time a petition for rehearing is submitted for filing.

Vegas Law