NRAP 4

Nevada Rules of Appellate Procedure Rule 4

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RULE 4. APPEAL—WHEN
TAKEN

 (a) Appeals in Civil Cases.

 (1) Time and Location for Filing a Notice of
Appeal. Except as provided in Rule 4(a)(5), in a civil case in
which an appeal is permitted by law from a district court, the notice of appeal
required by Rule 3 must be filed with the district court clerk no later than 30
days after written notice of entry of the judgment or order appealed from is
served. 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.

 (2) Filing Before Entry of Judgment. A
notice of appeal filed after the court announces a decision or order—but before
the entry of the judgment or order—is treated as filed on the date of and after
the entry.

 (3) Multiple Appeals. If one
party timely files a notice of appeal, any other party may file a notice of
appeal no later than 14 days after the date when the first notice was served,
or within the time otherwise prescribed by Rule 4(a), whichever period ends
later.

 (4) Entry Defined. A judgment
or order is entered for purposes of this Rule when it is signed by the judge or
by the clerk, as the case may be, and filed with the clerk. A notice or
stipulation of dismissal filed under NRCP 41(a)(1)
has the same effect as a judgment or order signed by the judge and filed by the
clerk and constitutes entry of a judgment or order for purposes of this Rule.
If that notice or stipulation dismisses all unresolved claims pending in an
action in the district court, the notice or stipulation constitutes entry of a
final judgment or order for purposes of this Rule.

 (5) Effect of Certain Motions on a Notice of
Appeal.

 (A) If a party timely files in the
district court any of the following motions under the Nevada Rules of Civil
Procedure, the notice of appeal must be filed no later than 30 days after
service of written notice of entry of the order disposing of the last such
remaining motion:

 (i) for judgment under Rule 50(b);

 (ii) to amend or make additional findings
of fact under Rule 52(b), whether or not granting the motion would alter the
judgment;

 (iii) to alter or amend the judgment under
Rule 59;

 (iv) for a new trial under Rule 59; or

 (v) for relief under Rule 60 if the motion
is filed no later than 28 days after service of written notice of entry of the
judgment or order.

 (B) Notices of appeal involving motions
listed in Rule 4(a)(5)(A) are governed by the following:

 (i) If a party files a notice of appeal
after the court announces or enters a judgment—but before it disposes of any
motion listed in Rule 4(a)(5)(A)—the notice becomes effective to appeal a
judgment or order, in whole or in part, when the order disposing of the last
such remaining motion is entered.

 (ii) A party intending to challenge an
order disposing of any motion listed in Rule 4(a)(5)(A), or a judgment’s
alteration or amendment upon such a motion, must file a notice of appeal, or an
amended notice of appeal—in compliance with Rule 3(c)—within the time prescribed
by this Rule measured from the service of written notice of entry of the order
disposing of the last such remaining motion.

 (6) Premature Notice of Appeal. A
premature notice of appeal to which Rule 4(a)(2) or Rule 4(a)(5)(B)(i) applies
does not divest the district court of jurisdiction until it becomes effective
by entry of the final written order or judgment as specified in those Rules.

 (7) Amended Notice of Appeal. No
additional fees are required if any party files an amended notice of appeal in
order to comply with the provisions of this Rule.

 (b) Appeals in Criminal and Postconviction
Cases.

 (1) Time for Filing a Notice of Appeal.

 (A) Appeal by Defendant or Petitioner. Except
as otherwise provided in NRS 34.560(2),
NRS 34.575(1), NRS 176.09183(6), NRS 177.055, and Rule 4(c), the
notice of appeal by a defendant or petitioner in a criminal case must be filed
with the district court clerk within 30 days after the later of:

 (i) the entry of the judgment or order
being appealed; or

 (ii) the filing of the state’s notice of
appeal.

 (B) Appeal by the State. Except
as otherwise provided in NRS 34.575(2),
NRS 176.09183(4), and NRS 177.015(2), when an appeal by
the state is authorized by statute, the notice of appeal must be filed with the
district court clerk within 30 days after the later of:

 (i) the entry of the judgment or order
being appealed; or

 (ii) the filing of a notice of appeal by
any defendant or petitioner.

 (2) Filing Before Entry of Judgment. A
notice of appeal filed after the announcement of a decision, sentence, or
order—but before entry of the judgment or order—is treated as filed after such
entry and on the day thereof.

 (3) Effect of a Motion on a Notice of Appeal.

 (A) If a defendant timely makes any of the
following motions, the notice of appeal from a judgment of conviction must be
filed within 30 days after the entry of the order disposing of the last such
remaining motion, or within 30 days after the entry of the judgment of
conviction, whichever period comes later. This provision applies to a timely
motion:

 (i) for judgment of acquittal under NRS 175.381(2);

 (ii) for a new trial under NRS 176.515, but if based on newly
discovered evidence, only if the motion is made no later than 30 days after the
entry of the judgment; or

 (iii) for arrest of judgment under NRS 176.525.

 (B) A notice of appeal filed after the
court announces a decision, sentence, or order—but before it disposes of any of
the motions referred to in Rule 4(b)(3)(A)—becomes effective upon the later of:

 (i) the entry of the order disposing of
the last such remaining motion; or

 (ii) the entry of the judgment of
conviction.

 (C) A valid notice of appeal is
effective—without amendment—to appeal from an order disposing of any of the
motions referred to in Rule 4(b)(3)(A).

 (4) Jurisdiction. The filing
of a notice of appeal under Rule 4(b) does not divest a district court of
jurisdiction to correct a sentence under NRS 176.555 or NRS 176.565, nor does the filing of
a motion under those statutes affect the validity of a notice of appeal filed
before entry of the order disposing of the motion. The filing of a motion under
NRS 176.555 or NRS 176.565 does not suspend the
time for filing a notice of appeal from a judgment of conviction.

 (5) Entry Defined. A judgment
or order is entered for purposes of this Rule when it is signed by the judge
and filed with the clerk.

 (6) Time for Entry of Judgment; Content of
Judgment or Order in Postconviction Matters.

 (A) Judgment of Conviction. The
district court judge must enter a written judgment of conviction within 14 days
after sentencing.

 (B) Order Resolving Postconviction
Matter. The district court judge must enter a written judgment
or order finally resolving any postconviction matter. If the district court
judge first makes an oral pronouncement of a final decision in such a matter,
the written judgment or order must be issued within 21 days after the district
court judge’s oral pronouncement. The judgment or order in any postconviction
matter must contain specific findings of fact and conclusions of law supporting
the district court’s decision.

 (C) Sanctions; Counsel’s Failure to
Timely Prepare Judgment or Order. The court may impose
sanctions on any counsel instructed by the district court judge to draft the
judgment or order and who does not submit the proposed judgment or order to the
district court judge within the applicable time periods specified in Rule
4(b)(6).

 (7) Withdrawal of Appeal. If
an appellant no longer desires to pursue an appeal after the notice of appeal
is filed, counsel for the appellant must file with the clerk of the Supreme
Court a notice of withdrawal of appeal. The notice of withdrawal of appeal must
substantially comply with the Notice of Withdrawal of Appeal Form on the Nevada
Supreme Court website.

 (c) Untimely Direct Appeal From a Judgment of
Conviction and Sentence.

 (1) When an Untimely Direct Appeal From a
Judgment of Conviction and Sentence May Be Filed. An untimely
notice of appeal from a judgment of conviction and sentence may be filed only
under the following circumstances:

 (A) A postconviction petition for a writ of
habeas corpus has been timely and properly filed in accordance with the
provisions of NRS 34.720 to 34.830, asserting a viable claim
that the petitioner was unlawfully deprived of the right to a timely direct
appeal from a judgment of conviction and sentence; and

 (B) The district court in which the
petition is considered finds that the petitioner has established a valid
appeal-deprivation claim and is entitled to a direct appeal.

 (C) In compliance with Rule 4(b)(6)(B),
the district court must enter a written order containing:

 (i) specific findings of fact and
conclusions of law finding that the petitioner has established a valid
appeal-deprivation claim and is entitled to a direct appeal with the assistance
of appointed or retained appellate counsel;

 (ii) if the petitioner is indigent,
directions for the appointment of appellate counsel, other than counsel for the
defense in the proceedings leading to the conviction, to represent the
petitioner in the direct appeal from the conviction and sentence; and

 (iii) directions to the district court
clerk to prepare and file—within 7 days of the entry of the district court’s
order—a notice of appeal from the judgment of conviction and sentence on the
petitioner’s behalf in substantially the form provided in the Notice of Appeal
Form on the Nevada Supreme Court website.

 (D) If a federal court of competent
jurisdiction issues a final order directing the state to provide a direct
appeal to a federal habeas corpus petitioner, the petitioner or petitioner’s
counsel must file the federal court order within 30 days of entry of the order
in the district court in which petitioner’s criminal case was pending. The
clerk of the district court must prepare and file—within 30 days of filing of
the federal court order in the district court—a notice of appeal from the
judgment of conviction and sentence on the petitioner’s behalf in substantially
the form provided in the Notice of Appeal Form on the Nevada Supreme Court
website.

 (2) Service by the District Court Clerk. The
district court clerk must serve certified copies of the district court’s
written order and the notice of appeal required by Rule 4(c) on the petitioner
and petitioner’s counsel in the postconviction proceeding, if any, the
respondent, the Attorney General, the district attorney of the county in which
the petitioner was convicted, the appellate counsel appointed to represent the
petitioner in the direct appeal, if any, and the clerk of the Supreme Court.

 (3) Notice of Appeal Filed by Petitioner’s
Counsel or Petitioner. If the district court has entered an
order containing the findings required by Rule 4(c)(1)(C) and the district
court clerk has not yet prepared and filed the notice of appeal on the
petitioner’s behalf, the petitioner or petitioner’s counsel may file the notice
of appeal from the judgment of conviction and sentence.

 (4) Motion to Dismiss Appeal. The
state may challenge a district court’s written order granting an
appeal-deprivation claim by filing a motion to dismiss the appeal with the
clerk of the Supreme Court within 30 days after the date on which the appeal is
docketed in the Supreme Court. The state’s motion to dismiss must be properly
supported with all documents relating to the district court proceeding that are
necessary to the Supreme Court’s or Court of Appeals’ complete understanding of
the matter.

 (5) Effect on Procedural Bars. When
a direct appeal of a criminal conviction and sentence is conducted under this
Rule, the timeliness provisions governing any subsequent habeas corpus attack
on the judgment begin to run upon the termination of the direct appeal, as
provided in NRS 34.726(1) and NRS 34.800(2). A habeas corpus
petition filed after a direct appeal conducted under this Rule must not be
deemed a “second or successive petition” under NRS 34.810(2).

 (d) Appeal by an Inmate Confined in an
Institution. If an inmate confined in an institution files a
notice of appeal in either a civil or a criminal case, the notice is timely if
it is delivered to a prison official for mailing on or before the last day for filing.
If the institution has a notice-of-appeal log or another system designed for
legal mail, the inmate must use that log or system to receive the benefit of
this Rule.

 (e) Mistaken Filing in the Supreme Court. If
a notice of appeal in either a civil or a criminal case is mistakenly filed in
the Supreme Court rather than the district court, the clerk of the Supreme
Court must note on the notice the date when it was received and send it to the
district court clerk. The notice is then considered filed in the district court
on the date so noted.

 (f) Expediting Criminal Appeals. The
court may, with or without motion by the parties, by a majority of its members,
make orders to expedite the handling of criminal appeals, including without
limitation the following:

 (1) Elimination of steps in preparation of the
record and the briefs.

 (2) Expediting preparation of stenographic
transcripts.

 (3) Priority of calendaring for oral argument.

 (4) Utilization of court opinions or per curiam
orders.

 (5) Other lawful measures reasonably calculated
to expedite the appeal and promote justice.

 [Amended; effective August 15, 2024.]

Verbatim from the official publication; the only normalization is removal of the publisher's page headers. Verify against the official source for filing-critical use — court publications change without notice.