(e) Agreed Statement as the Record on Appeal. In lieu of the record on appeal as defined in subdivision (a) of this rule, the parties may prepare and sign a statement of the case showing how the issues presented by the appeal arose and were decided in the justice court and setting forth only so many of the facts averred and proved or sought to be proved as are essential to a decision of the issue presented. If the statement conforms to the truth, it, together with such additions as the court may consider necessary fully to present the issues raised by the appeal, shall be approved by the justice court and shall then be certified to the district court as the record on appeal and transmitted thereto by the clerk or justice of the justice court within the time provided by Rule 74A. (f) Record to Be Transmitted by Clerk or Justice. Unless the record on appeal consists of an Agreed Statement pursuant to subdivision (e), the following documents shall be included in the record: (1) Complaint (including all amended complaints); (2) All answers, counterclaims, cross-claims and replies, and all amendments thereto; (3) Pretrial order, if any; (4) All stipulations; (5) All jury instructions given and to which exceptions are taken, and excluded when offered; (6) Verdict or findings of fact and conclusions of law with direction for entry of judgment thereon; (7) Master’s report, if any, in nonjury cases; (8) Opinion or memorandum of decision, if any; (9) Judgment or order appealed from; (10) Notice of Appeal; (11) All exhibits received in evidence and duly marked by the justice or clerk; (12) Transcript; and (13) Statement of points pursuant to subsection (d), if any. (g) Correction or Modification of the Record. If any difference arises as to whether the record truly discloses what occurred in the justice court, the difference shall be submitted to and settled by that court and the record made to conform to the truth. If anything material to either party is omitted from the record by error or accident or is misstated therein, the parties by stipulation, or the justice court, either before or after the record is transmitted to the district court, or the district court, on proper suggestion or of its own initiative, may direct that the omission or misstatement be corrected, and if necessary, that a supplemental record be certified and transmitted. All other questions as to the form and content of the record shall be presented to the justice court before the record is transmitted or the district court after the record is transmitted. (h) Reserved. (i) Several Appeals. When more than one appeal is taken from the same judgment, a single record on appeal shall be prepared containing all the matter designated or agreed by the parties, without duplication. [As amended; effective July 1, 2005.] RULE 74A. TRANSMISSION OF THE RECORD (a) Time for Transmission; Duty of Appellant. The record on appeal shall be transmitted to the district court within 30 days after the perfection of the appeal unless the time is shortened or extended by an order entered under subdivision (d) of this rule. After filing the notice of appeal the appellant shall comply with the provisions of Rules 73 and 74 and shall take any other action necessary to enable the clerk or justice to assemble and transmit the record including the payment of all necessary filing fees for both justice court and district court. If more than one appeal is taken, each appellant shall comply with the provisions of Rules 73 and 74 and this subdivision, and a single record shall be transmitted within 30 days after the perfection of the final appeal. (b) Duty of Clerk to Certify and Transmit the Record. When the record is complete for purposes of the appeal, the clerk or justice of the justice court shall certify and transmit it to the clerk of the district court. The clerk or justice of the justice court shall list the documents comprising the record and shall transmit with the record a list of the documents and all evidence identified with reasonable definiteness. Transmission of the record is effected when the clerk of the justice court mails or otherwise forwards the record to the clerk of the district court. The clerk of the justice court shall indicate, by indorsement on the face of the record or otherwise, the date upon which it is transmitted to the district court. (c) Reserved. (d) Extension of Time for Transmission of the Record; Reduction of Time. The justice court for good cause shown may extend the time for transmitting the record. A request for extension must be made within the time originally prescribed or within an extension previously granted, and the justice court shall not extend the time to a day more than 60 days from the date of the perfection of the first appeal. If the justice court is without authority to grant the relief sought or has denied a request therefor, the district court may on motion for good cause shown extend the time for transmitting the record or may permit the record to be transmitted and filed after the expiration of the time allowed or fixed. If a request for an extension of time for transmitting the record has been previously denied, the motion shall set forth the denial and shall state the reasons therefor, if any were given. The justice court or the district court may require the record to be transmitted and the appeal to be docketed at any time within the time otherwise fixed or allowed therefor. (e) Record for Preliminary Determination in the District Court. If prior to the time the record is transmitted a party desires to make in the district court a motion for dismissal, for a stay pending appeal, for additional security on the bond on appeal, or on a supersedeas bond, or for any other intermediate order, the clerk of the justice court at the request of any party shall transmit to the district court such parts of the original record as any party shall designate. [As amended; effective July 1, 2005.]

Vegas Law