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Rule 19 – Appeals

May 14, 2021 | Criminal Procedure, Nevada

1.Notice of intent to appeal. The party aggrieved by the decision of the justice or municipal court must file a Notice of Appeal within the following periods:

(A) A criminal defendant filing an appeal of a final judgment must file the Notice of Appeal within 10 days of the entry of the final judgment or the written ruling on a Motion for New Trial or the period set by statute.
(B) The State must file an appeal of a Motion to Suppress in the periods set by NRS 189.120.
2.Filing includes requirement to provide service. Any document filed with the court must be served on the opposing party at the time of filing.

A Certificate of Service must be filed with the court at the time of filing or within 5 days thereafter demonstrating service of the pleading unless the document is filed electronically and the opposing party is participating in the electronic filing program.

3.Perfection of appeal. The following shall be filed with the court to perfect the appeal:

(A)Defendant appeals. A defendant appealing a final judgment must file, as required by NRS 189.065, a request for hearing with the court within 60 days in the format set forth in Request for Hearing form established in these rules. The court clerk must have the matter set for hearing within 150 days.

Briefs.

(i) The Defendant’s opening brief must be filed within 45 days of filing the Notice of Appeal.
(ii) The State’s responding brief must be filed within 30 days of filing the opening brief.
(iii) The Defendant’s reply brief must be filed within 5 days of filing the responding brief. The reply must be limited to answering any new matter set forth in the responding brief.
(B) State appeals. For the State filing a Notice of Appeal of an order granting a suppression motion, the State must file a request for hearing within 10 days in the format set forth in the Request for Hearing form established in these rules. The court clerk shall have the matter set for hearing within 70 days.

Briefs.

(i) The State’s opening brief must be filed within 10 days of filing the Notice of Appeal.
(ii) The Defendant’s responding brief must be filed within 10 days of filing the opening brief.

The State’s reply brief must be filed within 5 days of filing the responding brief. The reply must be limited to answering any new matter set forth in the responding brief.

Nev. R. Cri. p. 19

As adopted effective March 1, 2021.