(1) If the appeal be from a judgment or order directing the payment of money, the bond shall be conditioned for the satisfaction of the judgment in full together with costs and interest if for any reason the appeal is dismissed or if the judgment is affirmed, and to satisfy in full such modification of the judgment and such costs and interests as the appellate court may adjudge and award, and that if the appellant does not make such payment within 30 days after the filing of affirmance of the judgment in whole or part, in the court in which the appeal is taken, judgment may be entered, on motion of the respondent, in the respondent’s favor against the surety or sureties for such amount, together with the interest that may be due thereon, and the costs which may be awarded against the appellant upon the appeal. When the judgment is for the recovery of money not otherwise secured, the amount of the bond shall be fixed at such sum as will cover the whole amount of the judgment remaining unsatisfied, costs on the appeal and interest, unless the justice after notice and hearing and for good cause shown fixes a different amount or orders security other than the bond. If the appeal be from an order dissolving or refusing to dissolve an attachment, the bond shall be in the sum of the value of the property attached and conditioned that if the order appealed from, or any part thereof, be affirmed, the appellant shall pay to the opposing party, on such appeal, all damages and costs caused by the appellant by reason of such appeal and the stay of execution thereon. (2) If the judgment or order appealed from direct the assignment or delivery of documents, or personal property, the things required to be assigned or delivered shall be assigned and placed in the custody of such officer or receiver as the court may appoint, and the bond shall be in such amount as the court or justice may direct, to the effect that the appellant will, if the judgment or order appealed from, or any part thereof, be affirmed, pay to the opposing party on such appeal all damages and costs caused by the appellant by reason of such appeal and the stay of execution thereon. In lieu of the assignment and delivery, and of the bond herein provided for, the appellant may enter into a bond, in such amount as the court or justice thereof may direct, to the effect that if the judgment or order, or any part thereof, be affirmed, the appellant will obey the order and pay to the opposing party on such appeal all damages and costs caused by reason of said appeal and the stay of execution thereon. (3) If the judgment or order appealed from direct the execution of a conveyance or other instrument, the instrument shall be executed and deposited with the clerk or justice of the court with whom the judgment or order is entered to abide by the judgment of the appellate court, and the bond shall be in such amount as the court or justice thereof may direct, to the effect that the appellant will, if the judgment or order appealed from, or any party thereof, be affirmed, pay to the opposing party on such appeal all damages and costs caused by the appellant by reason of such appeal and the stay of execution thereon. (4) In cases involving an appeal by the defendant of an order of eviction in a formal proceeding, such appeal shall not stay the execution of the judgment, unless, no later than 10 days after the filing of a notice of appeal, the person shall execute and file with the court or justice an undertaking to the plaintiff, with two or more sureties, in an amount to be fixed by the court or justice, but which shall not be less than twice the amount of the judgment and costs, to the effect that, if the judgment appealed from be affirmed or the appeal be dismissed, the appellant will pay the judgment and the cost of appeal, the value of the use and occupation of the property, and damages justly accruing to the plaintiff during the pendency of the appeal. Upon taking the appeal and filing the undertaking, all further proceedings in the case shall be stayed. Whenever an appeal is perfected, and a bond given as provided by paragraphs (1), (2), (3) and (4) herein, it shall stay all further proceedings in the court below, upon the judgment or order appealed from or upon matters embraced therein, except as hereinafter specified. However, the court below may proceed upon any other matter included in the action or proceeding and not affected by the judgment or order appealed from; and the court below may in its discretion dispense with or limit the security required by (1), (2), (3) and (4) above, when an appellant is an executor, administrator, trustee, or other person acting in another’s right. In cases not provided for in (1), (2), (3) or (4) above, the giving of an appeal bond, under the provisions of Rule 73, shall stay proceedings in the court below upon the judgment or order appealed from, except that where it directs the same of perishable property, the court below may order the property to be sold and the proceeds thereof to be deposited to abide by the judgment of the appellate court, and except where the appellate court may otherwise direct upon such terms as it may in its discretion impose. (b) Supersedeas Bond: Form and Effect. Any bonds required by these rules may be in one instrument or several at the option of the giver. In every case where, under the provisions of these rules, a bond is required, such bond may be executed on the part of the appellant by at least two qualified and sufficient sureties, stating their place of residence and occupation, or by a bonding or surety company authorized and qualified to do business in the State of Nevada. Where the bond is executed by such a bonding or surety company, no affidavit as to the sufficiency of such surety need accompany the bond. Otherwise, the bond shall be of no effect unless it be accompanied by the affidavit of personal sureties that they are each a resident and householder or freeholder within the State and that they are each worth the amount specified therein over and above their just debts and liabilities, exclusive of property exempt from execution; they may state in their affidavit that they are severally worth amounts less than that expressed in the bond, if the whole amount be equivalent to that of two qualified and sufficient sureties. Each such affidavit shall be accompanied by a financial statement in the form determined by the justice courts. The adverse party may except to the sufficiency of the sureties within 5 days after the filing of the bond, and, unless they or other sureties justify before the justice within 10 days thereafter, upon notice to the adverse party, to the amount stated in their affidavits, the appeal shall be regarded as if no such bond had been given. In all cases where a bond is required by these rules, a deposit in the court below of the amount of the judgment appealed from and such additional amount as may be specified by the justice of the court by which the judgment was rendered, shall be equivalent to filing the bond, and in all cases the bond or deposit may be waived by the written consent of the appellee filed in said action or proceeding. When a proper bond to stay proceedings is filed, it shall stay further proceedings except as otherwise above provided, and if an execution or other order shall have been issued to the sheriff, coroner, or elisor, the person shall return the same, with the cause therefor, and his or her proceedings thereunder, upon receiving from the clerk or justice a notice of the stay of proceedings. [As amended; effective July 1, 2005.] RULE 73B. BONDS—MISCELLANEOUS PROVISIONS (a) Failure to File or Insufficiency of Bond. If a bond on appeal or a supersedeas bond is not filed within the time specified, the appeal will be subject to such sanctions as provided in Rule 76. If the bond filed is found insufficient, and if the action is not yet docketed with the appellate court, a bond may be filed at such time before the action is so docketed, as may be fixed by the justice court. After the action is so docketed, application for leave to file a sufficient bond may be made only in the appellate court. (b) Judgment Against Surety. By entering into an appeal or supersedeas bond given pursuant to Rule 73 or 73A, the surety submits to the jurisdiction of the court and irrevocably appoints the clerk of the justice court or the justice as the surety’s agent upon whom any papers affecting the surety’s liability on the bond may be served. The surety’s liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court, or justice, who shall forthwith mail copies to the surety if the surety’s address is known. [As amended; effective July 1, 2005.] RULE 74. THE RECORD ON APPEAL (a) Record on Appeal. Unless approved by the justice or stipulated by the parties, the entire certified transcript of the proceedings which have been recorded by an official court reporter or by using electronic recording equipment shall be transmitted to district court. (b) Transcript. (1) Within 10 days after filing the notice of appeal, the appellant shall order a transcript of the proceedings for inclusion in the record and, unless a greater amount or different procedure is ordered by the justice, shall deposit the sum of $100 with the justice court to absorb the cost of the record, including but not necessarily limited to the transcript and copies. After determination of the exact cost, any remaining balance shall be returned to the appellant or if additional cost is involved, the appellant shall pay such amount forthwith. Upon notice of appeal, request for record on appeal and the deposit being filed with the clerk of the justice court, the clerk or justice shall immediately deliver or mail to the reporter or reporters who reported the case, or the transcriber in the case of electronic recording, a form letter including the following matters: (i) Caption of the case; (ii) Date or dates of trial or hearing; (iii) Portions of transcript requested; (iv) Number of copies required; and (v) Request for an estimate of the cost of transcript. Upon receipt of the form letter from the justice court, the reporter or transcriber shall have 30 days for the preparation and filing of the transcript or recording with the justice court. The justice court, in its discretion and for good cause shown, may extend the time for preparation of transcript for an additional 30 days. (2) The appellant shall furnish each party appearing separately, or their counsel, a copy of such transcript. (c) Statement of the Evidence or Proceedings When No Report Was Made or When the Transcript Is Unavailable. If no report of the evidence or proceedings at a hearing or trial was made, or if a transcript is unavailable, the appellant may prepare a statement of the evidence or proceedings from the best available means, including the appellant’s recollection. The statement shall be served on the respondent, who may serve objections or propose amendments thereto within 10 days after service. Thereupon the statement and any objections or proposed amendments shall be submitted to the justice court for settlement and approval and as settled and approved shall be included by the clerk or justice of the justice court in the record on appeal. (d) Statement of Points. If findings of fact and conclusions are not requested and included in the record pursuant to Rule 52(a) or in the absence of an agreed statement under Rule 74(e) the appellant shall serve with the designation of the record a concise statement of the points on which the appellant intends to rely on the appeal. This statement of points shall include all the salient facts of the appeal and a general statement of why appellate relief is sought. (E.g., the court’s decision is not supported by substantial evidence; the jury verdict was clearly erroneous; there was jury misconduct; the justice made comments which prejudiced the jury; etc.) (The preceding is by way of example and not of limitation.) This statement shall be presented to the district court irrespective of whether or not the appellant designates for inclusion the complete record and all proceedings and evidence in the action.

Vegas Law