Proposed NRA changes, a little at a time: NRAP 5, 7 and 8
This is the fourth in a series of posts looking at proposed changes to the Nevada Rules of Appellate Procedure. The Nevada Supreme Court will hear public comment on October 6. The Court welcomes written comments about the proposed amendments.
Previous posts on this topic:
Proposed changes to NRAP 1, 2 and 3
Proposed changes to NRAP 3A, 3B and 3C
Proposed changes to NRAP 3D, 3E and 4
NRAP 5 Certication of Questions of Law (page 33 of the pdf)
Most of the proposed changes are stylistic.
Subsection (a) would add a new provision allowing questions to be certified from a United States Bankruptcy Court.
Subsection (f) would add a new provision which provides that upon receiving the certification order, the case shall be docketed and the clerk shall notify the certifying court and parties.
Subsection (g) essentially directs that the Court will decide whether or not to have oral argument and shall submit to briefing as the Court orders.
[There is no Rule 6]
NRAP 7 Bond for Costs on Appeal in Civil Cases (page 34 of the pdf).
Most changes are stylistic. The standard bond is raised to $500, an increase from the present standard bond of $250.
NRAP 8 Stay or Injunction Pending Appeal or Resolution of Original Writ Proceedings (page 35 of the pdf)
Most of the changes are stylistic. The rule clarifies that it applies to writ proceedings as well as appeals.
Subsection(e) of the rule clarifies that admission to bail pending appeal shall be as provided in NRS 178.4873 through NRS 178.488. The current version references only NRS 178.488.
Analysis of the proposed amendments to the three rules:
Nothing crazy here. It all seems straightforward and useful.