Proposed NRAP changes, a little at a time: NRAP 10, 11, 12, 13
This is the sixth 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
Proposed changes to NRAP 5, 7 and 8
Proposed changes to NRAP 9
NRAP 10 The Record.
Subsection (a) The Trial Court Record
Proposed changes are stylistic.
Subsection (b) The Appellate Court Record
The old version of the rule provided that the appendix should include previously prepared transcripts. The new version provides that the appendix shall include all transcripts necessary to the Supreme Court's review. This rule follows changes to Rule 9, which provides that copies of transcripts ordered after the filing of the Notice of Appeal are to be sent to counsel and not filed directly with the Supreme Court.
Analysis
I like this change. I prefer that an appendix of record be complete and the old procedure of having various transcripts outside of the appendix was messy and confusing. In addition, when running up against page limits it saves a lot of space to cite to "App. at __" rather than "Trans. 8/8/08 at ___." Sometimes these things matter.
Subsection (c) Correction or Modification of the Record
Proposed changes are stylistic.
NRAP 11 Preparing and Forwarding The Record
All proposed changes appear to be stylistic. The Court proposes to use the term "forward" in place of "transmit."
NRAP 12 Docketing the Appeal; Filing of the Record
Most proposed changes appear to be sylistic. Existing subsection (c), which provides for dismissal for failure of the appellant to docket the appeal, would be deleted.
NRAP 13 Court Reporters' and Recorders' Duties and Obligations; Sanctions.
Most changes are stylistic. "Or court recorder" is added to provisions concerning "reporters."