RULE 74B. DOCKETING THE APPEAL: FILING OF THE RECORD IN DISTRICT COURT (a) Docketing the Appeal. (1) Upon filing of the notice of appeal, the appellant shall pay to the clerk or justice of the justice court the filing fees prescribed by NRS 4.060 for the justice courts and NRS 19.013 for district courts, and the clerk shall, when the record is complete, forward the appeal record for docketing in district court, together with a sum sufficient for the filing fee. If an appellant is authorized to prosecute the appeal without pre-payment of fees, the clerk shall forward the appeal record for docketing in district court when the record is complete. The district court may upon motion for cause shown enlarge the time for docketing the appeal or permit the appeal to be docketed out of time. (2) If a notice of appeal is filed by any party other than the original appellant, in accordance with Rule 72B, the subsequent appeal shall be known as a cross-appeal and in all respects treated as an initial appeal, including the payment of the filing fees prescribed in paragraph (1) of this subdivision. Cross-appeals will be filed under the same docket number and calendared and argued with the initial appeal. (b) Filing the Record. Upon receipt of the record or of papers authorized to be filed in lieu of the record under the provisions of Rule 74(c) and (e) by the clerk of the district court following timely transmittal and after the appeal has been timely docketed, the clerk shall file the record. The clerk shall immediately give notice to all parties of the date on which the record was filed. [As amended; effective July 1, 2005.] RULE 75. BRIEFS (a) Requirement of. Unless required by a statewide District Court Rule, local District Court Rule, or district court order, there is no requirement that briefs be served and filed. (b) Construction and Applicability. The Nevada Rules of Appellate Procedure (N.R.A.P.) governing briefs, including their preparation, filing and service, so far as applicable, and where not otherwise specifically prescribed by a statewide District Court Rule, local District Court Rule, district court order or practice or inconsistent with these rules, and consistent with the intent of these rules to secure the just, speedy and inexpensive determination of case, shall govern appeals from justice courts. (1) Length of Briefs. Except by permission of the district court, briefs, if typewritten, shall not exceed 10 pages or, if printed, 7 pages, exclusive of pages containing the table of contents, tables of citations of legal authorities, and any addendum containing copies of the statutes, rules, regulations, etc. (2) Time for Serving and Filing Briefs. If briefs are required either by a statewide District Court Rule, local District Court Rule, or district court order and unless otherwise prescribed, the appellant shall serve and file the opening brief with the district court within 30 days after the date on which the record is filed. The respondent shall serve and file the answering brief within 30 days after service of the brief of the appellant. After service of respondent’s brief, any reply brief must be served and filed within 15 days. By written stipulation, filed prior to the due date set forth herein with the district court, the parties may extend the time for filing any brief for a total of 15 additional days unless the court otherwise orders. Applications for extensions of time beyond that to which the parties are permitted to stipulate are not favored and will be considered only on motion for good cause clearly shown, or ex parte in cases of extreme and unforeseeable emergency. The district court may shorten the periods prescribed above for serving and filing briefs, either by rule for all cases or for classes of cases, or by order for specific cases. (3) Number of Copies to Be Filed and Served. An original and 2 copies of each brief shall be filed with the clerk of the district court unless the district court by order in a particular case shall direct a different number, and one copy shall be served on counsel for each party separately represented, or the party, if unrepresented. [As amended; effective July 1, 2005.] RULE 75A. ORAL ARGUMENT Unless otherwise ordered by the district court, oral argument shall be had in each case in a manner reasonably consistent with N.R.A.P. 34 governing oral argument in the supreme court, whether or not briefs are required and are on file in the action. RULE 76. DISMISSAL FOR FAILURE OF APPELLANT TO COMPLY WITH RULES (a) If the appellant shall fail to cause timely transmission of the record as provided in Rule 74A, or, if required, to timely file an opening brief, or to post the undertaking as required by Rule 73 or 73A, or to arrange for a transcript as required by Rule 74, and 74A, or the payment of filing fees as required by Rule 74B, unless exempt, or upon a showing that any other necessary steps have not been taken, the appeal may be dismissed by the district court upon a motion of any respondent or upon its own motion at the cost of the appellant. Prior to the granting of the dismissal, the appellant shall be given written notice of the motion to dismiss. The motion shall be supported by a certificate of the clerk or justice of the justice court, showing the date and substance of the judgment or order from which the appeal was taken, the date on which the notice of appeal was filed, the expiration date of any order extending the time for transmitting the record, and proof of service. The notice of the motion to dismiss may be mailed or delivered to the appellant or the appellant’s attorney. The appellant may respond in writing within 7 days of such service, showing good cause, if any, why the motion should not be granted. The district court clerk shall docket the appeal for the limited purpose of permitting the district court to entertain the motion without requiring payment of the filing fee, but the appellant shall not be permitted to respond without payment of the fee unless the person is otherwise exempt therefrom. The district court, with or without allowing a response from the respondent, shall grant the motion to dismiss if good cause is not shown. If satisfied as to good cause for the delay, the district court shall allow the appeal to continue upon such terms as it may order. (b) If any respondent shall fail to timely file an answering brief, such failure may be treated by the district court as a confession of error and sufficient grounds for reversal of the judgment or order appealed from. [As amended; effective July 1, 2005.] RULE 76A. POWERS OF DISTRICT COURT ON APPEAL A case appealed must not be tried anew. Upon an appeal heard upon the record or a statement of the case, the district court may review all orders affecting the judgment appealed from and may set aside, or confirm, or modify, any or all of the proceedings subsequent to and dependent upon such judgment, and may, if necessary or proper, order a new trial. For a failure to prosecute an appeal or unnecessary delay in bringing it to a hearing, the district court, after notice, may order the appeal dismissed, with costs; and if it appears to such court that the appeal was made solely for delay, it may add to the costs such damages as may be just, not exceeding 25 percent of the judgment appealed from. Judgments rendered in the district court on appeal shall have the same force and effect, and may be enforced in the same manner as judgments in actions commenced in the district court. Upon the filing of a judgment in the district court on appeal, the clerk of the district court shall forthwith forward a copy of the judgment, together with the remittitur, to the justice court of original jurisdiction and to all parties. [As amended; effective June 28, 1988.] RULE 76B. TIMETABLE GOVERNING APPEALS FROM JUSTICE COURTS Appeal, civil: Within 20 days of service of written notice of entry of judgment or order appealed from. Rule 72B(a). Enlargement of time for appeals: Time for taking appeal may be enlarged by timely motion for: (1) Judgment under Rule 50(b). (2) Additional or amended findings of fact under Rule 52(b). (3) Altering or amending judgment under Rule 59. (4) New trial under Rule 59.

Vegas Law