Nevada Court of Appeals or Nevada Supreme Court: Where Your Appeal Goes

In Nevada you file the notice of appeal with the district court, and the Nevada Supreme Court then decides whether to keep the case or assign it to the Court of Appeals. NRAP 17 sorts the cases. In most civil cases the notice is due 30 days after written notice of entry of the judgment is served. NRAP 4(a)(1).

You do not pick the appellate court

An appeal from a district court is taken by filing a notice of appeal with the district court clerk within the time set by NRAP 4. NRAP 3(a)(1). The Nevada Constitution gives both courts appellate jurisdiction in civil cases arising in the district courts and, on questions of law alone, in district court criminal cases, and it directs the Supreme Court to fix the Court of Appeals’ jurisdiction by rule. Nev. Const. art. 6, § 4(1); NRS 2A.160. The Court of Appeals is created by Nev. Const. art. 6, § 3A. NRAP 17, which divides cases between the two courts, took effect January 20, 2015.

A misdemeanor conviction in justice court takes a different first step. A final judgment of the justice court in a criminal action is appealed to the district court, not to either appellate court. NRS 177.015(1)(a). That appeal must be taken within 10 days of the judgment. NRS 189.010. A municipal court judgment also goes to the district court, and municipal court practice follows justice court practice as nearly as practicable. NRS 5.073(1).

The deadlines

In a civil case, the notice of appeal is due no later than 30 days after written notice of entry of the judgment or order is served. If a statute sets a different period, the statute controls. NRAP 4(a)(1). A judgment is entered when it is signed and filed with the clerk. NRAP 4(a)(4). Certain timely post-judgment motions, including motions under NRCP 50(b), 52(b) and 59, move the deadline to 30 days after service of written notice of entry of the order deciding the last of them. NRAP 4(a)(5)(A).

In a criminal case, a defendant’s notice of appeal is due within 30 days after the later of the entry of the judgment or order being appealed or the filing of the State’s notice of appeal, subject to the specific statutes the rule lists. NRAP 4(b)(1)(A). The district court must enter the written judgment of conviction within 14 days after sentencing. NRAP 4(b)(6)(A).

The court may not extend the time to file a notice of appeal except as NRAP 4(c) provides, which covers a narrow postconviction situation. NRAP 26(b)(1)(A).

Not every order can be appealed. NRAP 3A(b) lists the appealable determinations in a civil case, starting with a final judgment and including orders granting or refusing an injunction and certain post-judgment orders. NRAP 3A(b)(1), (3), (8). A final judgment is one that disposes of all the issues presented and leaves nothing for the court’s future consideration, except post-judgment issues such as attorney fees and costs. Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000).

What the Supreme Court keeps

NRAP 17(a) lists twelve categories that the Supreme Court hears and decides itself. NRAP 17(a)(1) to (12). They include:

• death penalty cases;
• cases involving ballot or election questions;
• judicial discipline and attorney discipline;
• administrative agency cases involving tax, water or public utilities commission determinations;
• cases originating in business court;
• cases involving the termination of parental rights; and
• matters raising as a principal issue an inconsistency in the decisions of the Court of Appeals or the Supreme Court.

What is presumptively assigned to the Court of Appeals

NRAP 17(b) lists categories presumptively assigned to the Court of Appeals. Among them:

• appeals from convictions based on a guilty, guilty but mentally ill, or nolo contendere plea;
• appeals from jury-verdict convictions that do not involve a category A or B felony, or that challenge only the sentence or the sufficiency of the evidence;
• appeals from a tort judgment awarding damages of between $1 and $250,000, exclusive of interest, attorney fees and costs;
• contract disputes where the amount in controversy is less than $150,000;
• appeals from post-judgment orders in civil cases; and
• cases challenging the grant or denial of injunctive relief.

NRAP 17(b)(1), (2), (5), (6), (7), (13). Beyond the listed categories, the Supreme Court may assign the Court of Appeals any case that it does not retain under NRAP 17(a). NRAP 17(b).

The principal brief must include a routing statement that says which category applies. A party may use it to ask the Supreme Court to retain the case or to assign it to the Court of Appeals. NRAP 17(d)(1), (2). A retention request has to identify the issue and explain its importance, such as a question of first impression, the validity of a statute or rule, constitutional interpretation, or a question of statewide public importance. NRAP 17(d)(2)(A) to (D). Once a case is assigned to the Court of Appeals, a party may not file a motion seeking reassignment. NRAP 17(d)(3).

After the Court of Appeals rules

A party may petition for rehearing within 14 days after the decision is filed, on narrow grounds such as an overlooked or misapprehended material fact or question of law. NRAP 40(a), (c).

Supreme Court review of a Court of Appeals decision is by petition for review, and it is a matter of discretion, not right. NRAP 40B(a). The factors include a question of first impression of general statewide significance, a conflict with a prior decision of either Nevada court or the United States Supreme Court, and fundamental issues of statewide public importance. NRAP 40B(a)(1) to (3). The petition is due within 14 days after the Court of Appeals decision is filed, or its decision on rehearing, and it may not be filed while a rehearing petition is pending. NRAP 40B(c). In a criminal case, the Court of Appeals decision is final for exhaustion of state remedies in later federal proceedings. NRAP 40B(k).

What I check first

I start with the order: whether it is appealable, when written notice of entry was served, and which NRAP 17 category fits. How I handle appeals is on my Nevada appeals lawyer page. For how a criminal case reaches judgment in the first place, see my post on how a felony case moves through the Clark County courts.

If you are facing an appeal deadline in a Nevada case, call my Las Vegas office at (702) 602-4990 or use the contact page. This post is general information, not legal advice, and reading it does not make me your lawyer.