(2) When a public officer is a party to an appeal or other proceeding in his official capacity he may be described as a party by his official title rather than by name; but the court may require his name to be added. RULE 44. CASES INVOLVING CONSTITUTIONAL QUESTIONS WHERE STATE IS NOT A PARTY It shall be the duty of a party who draws in question the constitutionality of any Act of the legislature in any proceeding in the Supreme Court to which the state, or any agency thereof, or any officer or employee thereof, as such officer or employee, is not a party, upon the filing of the record, or as soon thereafter as the question is raised in the Supreme Court to give immediate notice in writing to the court of the existence of said question. The clerk shall thereupon certify such fact to the Attorney General. RULE 45. DUTIES OF THE CLERK (a) General Provisions. The clerk of the Supreme Court shall take the oath and give the bond required by law. Neither the clerk nor any deputy clerk shall practice as an attorney or as counselor in any court while in office. The Supreme Court shall be deemed always open for the purpose of filing any proper paper, of issuing and returning process and of making motions and orders. The office of the clerk with the clerk or a deputy in attendance shall be open during business hours on all days except Saturdays, Sundays and nonjudicial days, but the court may provide by rule or order that the office of its clerk shall be open for specified hours on Saturdays or on particular nonjudicial days. (b) The Docket; Calendar; Other Records Required. The clerk shall keep a book known as the docket, in such form and style as may be prescribed by the court, and shall enter therein each case. Cases shall be assigned consecutive file numbers. The file number of each case shall be noted on the folio of the docket whereon the first entry is made. All papers filed with the clerk and all process, orders and judgment shall be entered chronologically in the docket on the folio assigned to the case. Entries shall be brief but shall show the nature of each paper filed or judgment or order entered. The entry of an order or judgment shall show the date the entry is made. The clerk shall keep a suitable index of cases contained in the docket. The clerk shall prepare, under the direction of the court, a calendar of cases awaiting argument. In placing cases on the calendar for argument, the clerk shall give preference to appeals in criminal cases and to appeals and other proceedings entitled to preference by law. The clerk shall keep such other books and records as may be required from time to time by the court. (c) Notice of Orders or Judgments. Immediately upon the entry of an order or judgment the clerk shall serve a notice of entry by mail upon each party to the proceeding together with a copy of any opinion respecting the order or judgment, and shall make a note in the docket of the mailing. Service on a party represented by counsel shall be made on counsel. (d) Custody of Records and Papers. The clerk shall have custody of the records and papers of the court. The clerk shall not permit any original record or paper to be taken from the clerk’s custody except as authorized by the orders or instructions of the court. Original papers transmitted shall upon disposition of the case be returned to the court or agency from which they were received. The clerk shall preserve copies of briefs and other papers filed. The transcript and appendices to the briefs must be retained for sixty (60) days after issuance of the remittitur, and then may be destroyed. (e) Office Location; Attendance at Court Sessions; Removal of Papers. (1) The clerk’s office shall be kept in Carson City, Nevada. (2) The clerk or the clerk’s deputy shall attend in person the sessions of the court. (f) Fees. The clerk shall not be required to file any paper or record in the clerk’s office or docket any proceeding until the fee required by law and these rules has been paid. [As amended; effective September 1, 1996.] RULE 45A. SEAL The seal of the court shall contain the words “Supreme Court State of Nevada” on the upper part of the outer edge, preceded and followed by a star; and the words “Fiat Justitia” on the lower part of the outer edge, running from left to right; and in the center an eagle with its left wing displayed and the figure of the Goddess of Liberty, her left hand holding a liberty pole surmounted by a Phrygian cap, her right hand supporting a shield. RULE 46. ATTORNEYS (a) Practice Before Supreme Court—Bar Membership Required; Exceptions. No person may practice law before the Supreme Court who is not an active member of the State Bar of Nevada except as provided by SCR 42. If foreign counsel is associated on the briefs, all such briefs shall be signed by Nevada counsel, who shall be responsible to the Court for the content. If foreign counsel is associated upon oral argument, Nevada counsel shall be present during oral argument and shall be responsible to the Court for all matters presented. [As amended; effective February 11, 1986.] (b) Appearances in Proper Person. With leave of the Supreme Court, a party may file, in proper person, written briefs and papers submitted in accordance with these rules. (c) Appointment of Counsel—Indigent Criminal, Habeas Corpus Cases. Only the Supreme Court may appoint counsel to represent indigent criminal defendants and indigent habeas corpus petitioners in original proceedings before the Supreme Court. [As amended; effective October 31, 1976.] (d) Withdrawal, Substitution, Removal, Change of Attorney. Withdrawals, substitution, removal and change of attorneys shall be governed by Rules 46, 47 and 48 of the Supreme Court Rules. RULE 47. RULES OF APPELLATE PRACTICE (a) Promulgation of Rules by the Supreme Court. The Supreme Court by action of a majority of the justices may from time to time make and amend these rules governing its practice. In all cases not provided for by rule, the Supreme Court may regulate its practice in any manner consistent with law and justice. Copies of all rules made by the Supreme Court shall upon their promulgation be furnished to all members of the State Bar of Nevada. (b) Drafting and Printing of Orders Amending Rules; Marking of New and Old Matter. (1) In orders amending existing rules in or adding new rules to Nevada Rules of Appellate Procedure, new matter shall be indicated by underscoring in the typewritten or other machine-produced copy and italics in the printed copy. Matter to be omitted shall be indicated by brackets in the typewritten or other machine-produced copy, and brackets in the printed copy. In subsequent orders all matter appearing as omitted and bracketed in previously entered orders shall be omitted entirely. (2) The clerk shall cause printed copies of such orders for mailing to members of the State Bar of Nevada to be printed on one side of the page only. RULE 48. TITLE These rules shall be known and cited as the Nevada Rules of Appellate Procedure, or abbreviated “N.R.A.P.” APPENDIX OF FORMS

Vegas Law