Proposed NRAP changes, a little at a time: NRAP 23, 24, 25 and 25A
This is the eighth 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
Proposed changes to NRAP 10, 11, 12 and 13
Proposed changes to NRAP 14, 21 and 22
NRAP 23 Custody of Prisoners in Habeas Corpus Proceedings (page 51 of the pdf)
The proposed changes appear to be stylistic.
NRAP 24 Proceedings in Forma Pauperis (page 52 of the pdf)
Most of the changes appear to be stylistic.
The Court would retain the requirement that a person seeking to proceed in forma pauperis for an appeal state the issues that the party intends to present on appeal. I don't know why this is a requirement and I think it should be omitted.
The amended version would also keep this provision: "A party who was permitted to proceed in forma pauperis in the district-court action, or who was determined to be financially unable to obtain an adequate defense in a criminal case, may be appeal in forma pauperis without further authorization, unless the district court -- before or after the notice of appeal is filed -- certifies that the appeal is not taken in good faith or finds that the party is not otherwise entitled to proceed in forma pauperis and states in writing its reasons for the certification or finding." This provision should not apply to criminal cases as defendants have a right of direct appeal from their judgment of conviction and the district court should not be permitted to interfere with that right based upon the in forma pauperis status of the defendant. The portion of this rule permitting the district court to assess the merits of issues raised on appeal by determining if the appeal is taken in good faith should be deleted.
NRAP 25 Filing and Service. (page 55 of the pdf)
Subsection (a) Filing
The proposed changes are stylistic.
Subsection (b) Service of All Papers Required
The proposed changes are stylistic.
Subsection (c) Manner of service
Most changes are stylistic.
A new subsection (c)(1)(D) would be added and would allow service by electronic means, if the party being served consents in writing. Subsection (c)(3) would include a new provision: "Service by electronic means is complete on transmission, unless the party making service is notified that the paper was not received by the party served."
Subsection (d) Proof of Service
Most changes are stylistic. A provision is made for fax and electronic service.
NRAP 25 A. Full Court, Panels, Session, Quorum and Adjuournments.
No changes are proposed.