(b) Service of Notice of Entry Required Prior to Execution. Prior to execution upon a judgment, service of written notice of entry of the judgment must be made in accordance with Rule 58(e). [As amended; effective July 1, 2005.] RULE 70. JUDGMENT FOR SPECIFIC ACTS; VESTING TITLE If a judgment directs a party to execute documents or to deliver such documents or to perform any other specific act and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act when so done has like effect as if done by the party. On application of the party entitled to performance, the clerk or justice shall issue a writ of attachment or sequestration against the property of the disobedient party to compel obedience to the judgment. The court may also in proper cases adjudge the party in contempt. If personal property is within the State, the court in lieu of directing a conveyance thereof may enter a judgment divesting the title of any party and vesting it in others and such judgment has the effect of a conveyance executed in due form of law. When any order or judgment is for the delivery of possession, the party in whose favor it is entered is entitled to a writ of execution or assistance upon application to the clerk or justice. [As amended; effective July 1, 2005.] RULE 71. PROCESS IN BEHALF OF AND AGAINST PERSONS NOT PARTIES When an order is made in favor of a person who is not a party to the action, that person may enforce obedience to the order by the same process as if the person were a party; and, when obedience to an order may be lawfully enforced against a person who is not a party, that person is liable to the same process for enforcing obedience to the order as if a party. [As amended; effective July 1, 2005.] IX. CIVIL APPEALS FROM JUSTICE COURTS RULE 72. APPEAL—HOW TAKEN (a) Filing the Notice of Appeal. An appeal permitted by law from a justice court to the district court shall be taken by filing a notice of appeal with the clerk or justice of the justice court within the time allowed by Rule 72B. Failure of an appellant to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal, but is ground only for such action as the district court deems appropriate which may include dismissal of the appeal. (b) Joint or Consolidated Appeals. If two or more persons are entitled to appeal from a judgment or order of a justice court and their interests are such as to make joinder practicable, they may file a joint notice of appeal, or may join in appeal after filing separate timely notices of appeal, and they may thereafter proceed on appeal as a single appellant. Appeals may be consolidated by order of the district court upon its own motion or upon motion of a party, or by stipulation of the parties to the several appeals. (c) Content of the Notice of Appeal. The notice of appeal shall specify the party or parties taking the appeal; shall designate the judgment, order or part thereof appealed from; and shall name the court to which the appeal is taken. (d) Service of the Notice of Appeal. The appellant shall file and serve notice of the filing of a notice of appeal by mailing a copy thereof to counsel of record of each party other than appellant or, if a party is not represented by counsel, to the party at the party’s last known address. There shall be noted on each copy served the date on which the notice of appeal was filed. Service shall be sufficient notwithstanding the death of a party or the party’s counsel. There shall be noted in the proof of service the names of the parties to whom copies have been mailed with the date of mailing. The clerk or justice shall note in the register of actions the names of the parties to whom are mailed the copies, with the date of filing. [As amended; effective July 1, 2005.] RULE 72A. STANDING TO APPEAL; APPEALABLE DETERMINATIONS (a) Aggrieved Party May Appeal. Any appealable judgment or order in a civil action or proceeding may be appealed from and reviewed as prescribed by these rules, and not otherwise. Any party aggrieved may appeal, with or without first moving for a new trial, and the district court may consider errors of law and the sufficiency of the evidence, and may remand for a new trial whether or not a motion for new trial has been made. (b) Appealable Determinations. An appeal may be taken: (1) From a final judgment in an action or proceeding commenced in the court in which the judgment is rendered. (2) From an order granting or refusing a new trial, or dissolving or refusing to dissolve an attachment, or changing or refusing to change the place of trial, and from any special order made after final judgment except an order granting a motion to set aside a default judgment pursuant to Rule 60(b)(1). (3) From an interlocutory judgment, order or decree made or entered in actions to redeem personal property from a mortgage thereof or lien thereon, determining such right to redeem and directing an accounting, and from an interlocutory judgment in actions for partition which determines the rights and interests of the respective parties and directs partition, sale or division to be made. (c) Venue. If an order granting or refusing to grant a motion to change the place of trial of an action or proceeding is not directly appealed from within 30 days, there shall be no appeal therefrom on appeal from the judgment in the action or proceeding or otherwise, and on demand or motion of either party to an action or proceeding the court or justice making the order changing or refusing to change the place of trial of an action or proceeding shall make an order staying the trial of the action or proceeding until the time to appeal from such order, changing or refusing to change the place of trial, shall have lapsed; or if an appeal from such order is taken, until such appeal shall, in the appellate court, or in some other manner, be legally determined. (d) Summary Judgment. No appeal may be taken from an order of a justice court denying a motion for summary judgment; however such an order may be reviewed by the district court in an original proceeding in mandamus when from the record it appears that it is the duty of the justice court to enter summary judgment. [As amended; effective July 1, 2005.] RULE 72B. APPEAL—WHEN TAKEN (a) Appeals in Civil Cases. In a civil case in which an appeal is permitted by law from a justice court to the district court the notice of appeal required by Rule 72(a) shall be filed with the clerk or justice of the justice court within 20 days of the date of service of written notice of the entry of the judgment or order appealed from, except as otherwise provided by law. It shall also be served within the prescribed time. If an applicable statute provides that a notice of appeal must be filed within a different time period, the notice of appeal required by these rules must be filed within the time period established by the statute. If a timely notice of appeal is filed by a party, any other party may file and serve a notice of appeal within 14 days of the date on which the first notice of appeal was served, or within the time otherwise prescribed by this subdivision, whichever period last expires. (b) Termination of Time for Appeal. The running of the time for filing a notice of appeal is terminated as to all parties by a timely motion filed in the justice court by any party pursuant to the Justice Court Rules of Civil Procedure enumerated in this sentence, and the full time for appeal fixed by this subdivision commences to run and is to be computed from the date of service of written notice of entry of any of the following orders made upon a timely motion under such rules: (1) granting or denying a motion for judgment under Rule 50(b); (2) granting or denying a motion under Rule 52(b) to amend or make additional findings of fact, whether or not an alteration of the judgment would be required if the motion is granted; (3) granting or denying a motion under Rule 59 to alter or amend the judgment; (4) granting or denying a motion for a new trial under Rule 59. A judgment or order is entered within the meaning of this subdivision when it is signed by the justice or by the clerk, as the case may be, and filed. [As amended; effective July 1, 2005.] RULE 73. BOND FOR COSTS ON APPEAL Unless an appellant is exempted by law, or has filed a supersedeas bond or other undertaking which includes security for the payment of costs on appeal, in civil cases a bond for costs on appeal or equivalent security shall be filed by the appellant in the justice court with the notice of appeal; but security shall not be required of an appellant who is not subject to costs. The bond or equivalent security shall be in the sum or value of $250 unless the justice court fixes a different amount. A bond for costs on appeal shall have sufficient surety, and it or any equivalent security shall be conditioned to secure the payment of costs if the appeal is finally dismissed or the judgment affirmed, or of such costs as the district court may direct if the judgment is modified. If a bond or equivalent security in the sum or value of $250 is given, no approval thereof is necessary. After a bond for costs on appeal is filed, a respondent may raise for determination by the justice court objections to the form of the bond or to the sufficiency of the surety. The provisions of Rule 73A apply to a surety bond upon a bond given pursuant to this rule. [As amended; effective July 1, 2005.] RULE 73A. STAY ON APPEAL—SUPERSEDEAS BOND (a) Supersedeas Bond; When Required. Whenever an appellant entitled thereto desires a stay on appeal, the person may file a bond for supersedeas, as provided in this rule.

Vegas Law