IN MATTER OF AMENDMENTS TO THE NEVADA RULES, ADKT 381 (Nev. 11-3-2010)

IN THE MATTER OF AMENDMENTS TO THE NEVADA RULES OF APPELLATE PROCEDURE.

No. ADKT 381.Supreme Court of Nevada.
November 3, 2010.

ORDER ADOPTING AMENDMENTS TO NEVADA RULES OF APPELLATE PROCEDURE PERTAINING TO FAST TRACK APPEALS
RON D. PARRAGUIRRE, Chief Justice.

WHEREAS, on May 4, 2010, the Honorable Michael Cherry, Justice of the Nevada Supreme Court, filed a petition with this court proposing amendments to NRAP 3C (the criminal fast track rules) and other related appellate rules; and

WHEREAS, this court conducted a public hearing on the proposed amendments on July 20, 2010, at which remarks were presented regarding the proposed amendments and opportunity was given for public comment; and

WHEREAS, this court has considered the petition, the remarks, and the public comments; and

WHEREAS, it appears to this court that amendment of the rules pertaining to fast track appeals and other related appellate rules is warranted; now, therefore,

IT IS HEREBY ORDERED that Nevada Rules of Appellate Procedure 3C, 3E and 9 shall be amended as set forth in Exhibit A.

IT IS FURTHER ORDERED that these rule amendments shall be effective 30 days from the date of this order. The clerk of this court shall cause a notice of entry of this order to be published in the official publication of the State Bar of Nevada. Publication of this order shall be accomplished by the clerk disseminating copies of this order to all subscribers of the advance sheets of the Nevada Reports and all persons and agencies listed in NRS 2.345, and to the executive director of the State Bar of Nevada. The certificate of the clerk of this court as to the accomplishment of the abovedescribed publication of notice of entry and dissemination of this order shall be conclusive evidence of the adoption and publication of the foregoing rule amendments.

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Dated this 3rd day of November, 2010.

JAMES W. HARDESTY, Associate Justice

MICHAEL A. CHERRY, Associate Justice

MARK GIBBONS, Associate Justice

MICHAEL L. DOUGLAS, Associate Justice

NANCY M. SAITTA, Associate Justice

KRISTINA PICKERING, Associate Justice

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EXHIBIT A AMENDMENTS TO NEVADA RULES OF APPELLATE PROCEDURE 3C, 3E AND 9 RULE 3C. FAST TRACK CRIMINAL APPEALS * * * (d) Rough Draft Transcript. A rough draft transcript is a computer-generated transcript that can be expeditiously prepared in a condensed fashion, but is not proofread, corrected or certified to be an accurate transcript.

(1) Format. For the purposes of this Rule, a rough draft transcript shall:

(A) Be printed on paper 8 1/2 by 11 inches in size, doublesided, with the words “Rough Draft Transcript” printed on the bottom of each page;

(B) Be produced with a yellow cover sheet [in acondensed format that produces at least four conventional transcriptpages on one condensed page];

(C) Include a concordance indexing key words in the transcript; and

(D) Include an acknowledgment by the court reporter or recorder that the document submitted under this Rule is a true original or copy of the rough draft transcript.

* * *
(e) Filing of Fast Track Statement, [and] Appendix[?],and Fast Track Reply.
(1) Fast Track Statement.
(A) Time for Serving and Filing. Within 40 days from the date that the appeal is docketed in the Supreme Court under Rule 12, appellant’s trial counsel shall serve and file a fast track statement that substantially complies with Form 6 in the Appendix of Forms.

(B) Length and Contents. Except by court order granting a motion filed in accordance with Rule 32(a)(7)(C), the fast track statement shall not exceed [10] 15
pages in length and shall include the following:

(i) A statement of jurisdiction for the appeal;

(ii) A statement of the case and procedural history of the case;

(iii) A concise statement summarizing all facts material to a consideration of the issues on appeal;

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(iv) An outline of the alleged error(s) of the district court;

(v) A statement describing how the alleged issues on appeal were preserved during trial;

(vi) Legal argument, including authorities, pertaining to the alleged error(s) of the district court;

(vii) Where applicable, a statement regarding the sufficiency of the rough draft transcript; and

(viii) Where applicable, a reference to all related or prior appeals, including the appropriate citations for those appeals.

(C) References to the Appendix. Every assertion in the fast track statement regarding matters in a rough draft transcript or other document shall cite to the page and volume number, if any, of the appendix that supports the assertion.

(D) Number of Copies to Be Filed and Served. An original and 1 copy of the fast track statement shall be filed with the clerk of the Supreme Court, and 1 copy shall be served on counsel for each party separately represented.

(2) Appendix.
(A) Joint Appendix. Counsel have a duty to confer and attempt to reach an agreement concerning a possible joint appendix to be filed with the fast track statement.

(B) Appellant’s Appendix. In the absence of an agreement respecting a joint appendix, appellant shall prepare and file an original and 1 copy of a separate appendix with the fast track statement. Appellant shall serve a copy of the appendix on counsel for each party separately represented.

(C) Form and Content. The preparation and contents of appendices shall comply with Rules 30 and 32 and shall be paginated sequentially.

(3) Fast Track Reply. The appellant may file a reply to the Fast Track Response that shall be entitled “Reply to Fast Track Response.” The reply shall be no longer than 5 pages. The reply must be limited to answering matters set forth in the Fast Track Response. The reply must be filed within 14 days of service of the Fast Track Response.

* * * (j) Full Briefing, Calendaring or Summary Disposition.

(1) Based solely upon review of the rough draft transcript, fast track statement, fast track response, and any supplemental documents, the Supreme Court may summarily dismiss the appeal, may affirm or reverse the decision appealed from without further briefing or argument, may order the appeal to be fully briefed and argued or submitted for decision without argument, may order that briefing and any argument be limited to specific issues, or may direct

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the appeal to proceed in any manner reasonably calculated to expedite its resolution and promote justice.

(2) Motion for Full Briefing.
(A) A party may seek leave of the Supreme Court to remove an appeal from the fast track program and direct full briefing. The motion may not be filed solely for purposes of delay. It may be filed in addition to or in lieu of the fast track pleading.
(B) The motion must identify specific reasons why the appeal is not appropriate for resolution in the fast track program. Such reasons may include, but are not limited to, the following circumstances:

(i) The case raises one or more issues that involve substantial precedential, constitutional, or public policy questions; and/or
(ii) The case is legally or factually complex.
(C) If the issues or facts are numerous but not complex, full briefing will not be granted but an excess page motion may be entertained.
(D) No opposition may be filed unless ordered by the court.
(3) If the Supreme Court orders an appeal to be fully briefed, and neither party objects to the sufficiency of the rough draft transcripts to adequately inform this court of the issues raised in the appeal, counsel are not required to file certified transcript request forms under Rule 9(a). If a party’s brief will cite to a transcript not previously included in an appendix submitted to this court, that party shall file and serve a transcript request form in accordance with Rule 9 within the time specified for filing the brief in the Supreme Court’s briefing order. If a party’s brief will cite to documents not previously filed in the Supreme Court, that party shall file and serve an appropriately documented supplemental appendix with the brief.

* * * RULE 3E. FAST TRACK CHILD CUSTODY APPEALS * * * (c) Request for Transcripts or Rough Draft Transcripts.
(1) Rough Draft Transcript. For the purposes of this Rule, a rough draft transcript is a computer-generated transcript that can be expeditiously prepared in a condensed fashion, but is not proofread, corrected or certified to be an accurate transcript. A rough draft transcript shall:

(A) be printed on paper 8 1/2 by 11 inches in size, doublesided, with the words “Rough Draft Transcript” printed on the bottom of each page;

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(B) be produced with a yellow cover sheet [in acondensed format that produces at least four conventional transcriptpages on one condensed page];

(C) include a concordance, indexing key words contained in the transcript; and

(D) include an acknowledgment by the court reporter or recorder that the document submitted pursuant to this Rule is a true original or copy of the rough draft transcript.

* * * RULE 9. TRANSCRIPT; DUTY OF COUNSEL; DUTY OF THE COURT REPORTER OR RECORDER * * (b) Duty of the Court Reporter or Recorder.
(1) Preparation, Filing, and Delivery of Transcripts.
(A) Time to File and Deliver Transcripts. Upon receiving a transcript request form and the required deposit, the court reporter or recorder shall promptly prepare or arrange for the preparation of the transcript. Except as provided in Rule 9(b)(1)(B) and (b)(4), the court reporter or recorder shall — within 30 days after the date that a request form is served:

(i) file the original transcript with the district court clerk; and

(ii) deliver to the party ordering the transcript 1 certified copy and an additional certified copy for the appendix.

(B) Appellant’s Failure to Pay Deposit. The court reporter or recorder is not obligated to prepare the transcript until receipt of the deposit required by Rule 9(a)(3)(B). If appellant fails to timely pay the deposit, the court reporter or recorder must — no later than 30 days from the date that the transcript request form is served:

(i) file with the clerk of the Supreme Court a written notice that the deposit has not been received, setting forth the full amount of the deposit and the amount that remains unpaid; and

(ii) serve a copy of the notice on counsel for the party requesting the transcript.

(2) Notice to Supreme Court. Within 10 days after the transcript is filed with the district court and delivered to the requesting party, the court reporter or recorder shall file with the clerk of the Supreme Court a notice that the completed transcript has been filed and delivered. The notice shall specify the transcripts that have been filed and delivered and the date that those transcripts were filed and delivered. Form 15 in the Appendix of Forms is a suggested form of certificate of delivery.

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(3) Format of Transcript. A certified transcript may be produced in a [condensed] conventional page-for-page
format [that produces at least 4 conventional transcriptpages on 1 con densed page]. A concordance indexing keywords in the transcript shall be provided.

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