Proposed NRAP changes, a little at a time: NRAP 1, 2 and 3
The Nevada Supreme Court will consider proposed amendments to its Rules of Appellate Procedure on October 3rd. The amendments are extensive, as evidenced by the 112 page proposal. We'll examine those changes, a little at a time, over the next few weeks.
NRAP 1 (page 1 of the pdf):
subsection (a) current version:
"These rules govern procedure in appeals to the Supreme Court of Nevada from the district courts of Nevada and in applications for writs or other relief which the Supreme Court or a justice thereof is competent to give.
subsection (a) proposed version:
"These rules govern procedure in the Supreme Court of Nevada."
Analysis:
Much better. I don't find any substantive change, but I like the new version.
Subsections (b), (c) and (d) remain the same.
Subsection (e) provides definitions of words and terms. The capitalization of "supreme court" is changed to "Supreme Court."
NRAP 2 (page 2 of the pdf):
old version:
In the interest of expediting decision, or for other good cause shown, the Supreme Court may, except as otherwise provided in Rule 26(b), suspend the requirements or provisions of any of these rules in a particular case on application of a party or on its own motion and may order proceedings in accordance with its direction.
new version:
On its own or a party's motion, the Supreme Court may -- to expedite its decision or for other good cause -- suspend any provision of these rules in a particular case and order proceedings as it directs, except as otherwise provided in Rule 26(b).
Analysis:
It's good that the Court is no longer expected to file motions with itself, but I doubt this rule was followed in that respect. Cleaning up the language is good. I don't see any substantive change.
NRAP 3 (page 2 of the pdf)
The changes are lengthy and I'm not going to retype all of them here. Most appear to be stylistic as the order of the subsections is altered and grammatical changes are made (for example "clerk of the district court" would be amended to "district court clerk").
Subsection (c) (page 4 of the pdf) would be amended as follows:
old version:
The notice of appeal shall specify the party or parties taking the appeal; shall designate the judgment, order or part thereof appeal from; and shall name the court to which the appeal is taken.
Form 1 of the Appendix of Forms is a suggested form of a notice of appeal.
new version:
(1) The notice of appeal shall:
(A) specify the party or parties taking the appeal by naming each one in the caption or body of the notice, but an attorney representing more than one party may describe those parties with terms such as "all plaintiffs," "the defendants," "the plaintiffs A, B, et al," or "all defendants except X";
(B) designate the judgment, order or part thereof being appealed; and
(C) name the court to which the appeal is taken.
(2) in a class action, whether or not the class has been certified, the notice of appeal is sufficient if it names one person qualified to bring the appeal as representative of the class.
(3) Form 1 of the Appendix of Forms is a suggested form of a notice of appeal.
Analysis
This rule change does not appear to have much of an impact for criminal cases, but does provide clarification for parties to civil actions.
subsection (e), which was subsection (f) under the old version:
"Upon filing a notice of appeal, the appellant must pay the district court clerk the Supreme Court filing fee and any fees charged by the district court. Except for amended notices of appeal filed under Rule 4(a)(7), the Supreme Court filing fee is $250 for each notice of appeal filed."
Analysis
This would be a good place for the court to state that there is no filing fee for appeals in criminal cases. In its current form the amendment is confusing on this point.
subsection (f):
The provision concerning case appeal statements is moved from the beginning of the rule to the end. The contents of the case appeal statement are changed as the rule as amended would require information about counsel not licensed to practice law in Nevada, a brief description of the nature of the action and result in the district court, a statement as to whether the case has previously been the subject on an appeal or an original writ proceedings, a statement as to whether the appeal involves child custody or visitation and in civil cases whether the appeal involves the possibility of settlement.
Analysis:
Nothing here seems too burdensome.