Basics of Appeals
This information generally covers appeals for district court civil cases and family cases. It does not cover criminal appeals.
An appeal is a request for a higher court to review a final judgment from a lower court.
- Appeals are handled by the Nevada Supreme Court, but the Supreme Court can assign the case to the Court of Appeals to handle instead.
- The Nevada Rules of Appellate Procedure govern all requirements and deadlines for an appeal. Review the rules and be familiar with them.
- An appeal does not allow you to re-do your trial or submit new evidence. The appellate court will only look at what was submitted to the trial court.
- The appellate court can affirm the decision, reverse the decision, and/or order the lower court to take further appropriate action.
Appeals can be complicated, expensive, and lengthy. Before you decide to file an appeal, it is a good idea to meet with a lawyer and find out if you have a basis to appeal and the likelihood of success. Visit Lawyers and Legal Help for more information about where to find a lawyer.
The forms on this page are from the Nevada Supreme Court. Most are fillable Microsoft Word forms. These forms and more appellate forms are available on the Supreme Court Appellate Forms site.
How to Appeal
The general timelines and steps are below, but may be different depending on the type of appeal you have. When in doubt, follow any instructions provided by the appellate court.
The typical steps are:
1. Determine if you can file an appeal. Only certain orders can be appealed within short timeframes.
2. Prepare to pay any fees. Know the filing fee, or request a fee waiver.
3. File and serve the Notice of Appeal. File this at the district court.
4. Order a transcript. This is the record of any hearings in the district court.
5. File and serve the Docketing Statement. This is required for all family and civil appeals.
6. Decide whether to ask for a "stay" from the lower court. This could stop the underlying order from taking effect.
7. Attend settlement conference if required. The appellate court may require this in some cases.
8. File the Informal Brief. You must file a brief with a summary of your argument.
9. Wait for a hearing date and a decision. The appellate court may set a hearing and will issue a written decision.
Learn more about each step below.
1. Determine if you can file an appeal.
Not every court order can be appealed. Generally, only final orders can be appealed; appellate courts do not review temporary orders.
An appeal must be filed within 30 days from the written notice of entry of the judgment. Missing this appeal deadline usually prevents an appeal completely.
Use this eligibility interview to determine if you can file for an appeal:
Is filing an appeal the right option for me? (Eligibility Questionnaire)
2. Prepare to pay any fees.
The District Court will charge $250 to file the notice of appeal, plus any fees charged by the District Court. You may also be required to post a bond with the clerk if the district court determines one is necessary.
If you currently have an approved fee waiver with the District Court, you will not be charged any fees to file the appeal. But if you do not have an active fee waiver and cannot afford the appeal fees, you can turn in an application to waive the fee with your Notice of Appeal. You'll also need to serve the other party with your application and attach the Certificate of Service to your application when you file.
3. File and serve the Notice of Appeal.
Option 1: Complete a Guided Interview that Creates Forms for You
All the necessary forms will be created based on your answers to the questions in this guided interview:
Q&A Form Interview: Notice of Appeal
Option 2: Fill out the individual forms separately:
The Notice of Appeal says who is appealing and what order is being appealed. You must serve it on all parties to the case after filing. Fill out the Notice of Appeal below, and also fill out the Certificate of Service to indicate who you will be serving once it is filed.
Notice of Appeal (pdf fillable)
File this in the same District Court where the order being appealed was issued.
The court clerk will prepare a Case Appeal Statement and will forward your appeal documents to the Nevada Supreme Court.
The date the Supreme Court receives the documents is the 'docketing date' and triggers the rest of the deadlines below.
4. Order a transcript.
Option 1: Complete a Guided Interview that Creates Forms for You
All the necessary forms will be created based on your answers to the questions in this guided interview:
Q&A Form Interview: Transcript Request
Option 2: Fill out the individual forms separately:
If the proceedings were recorded in the District Court, you must file a request for transcripts of all proceedings that are necessary for the Court's review within 14 days of the date the appeal is docketed in the appellate court (if your case is referred for a settlement conference, this won't be needed until 14 days after settlement proceedings have concluded).
The appellate court will direct you to submit a rough draft transcript or a certified transcript. A rough draft transcript is a computer-generated transcript that can be prepared quickly but is not proofread. A certified transcript is prepared by the clerk. If you get a rough draft transcript, you are responsible for ensuring the sufficiency of the transcript produced. The court may order a certified transcript if questions arise about the sufficiency of a rough draft transcript.
File this form with the district court that issued the order you are appealing and also in the appellate court. You will need to pay a deposit to the court reporter plus any other associated fees for them to generate the transcript.
Rough Draft Transcript Request
If your appeal fees have been waived, you can file a motion to waive the fees to prepare the transcript by filling out this form and filing it in the appellate court at the same time you file the transcript request:
Motion for Waiver of Costs Associated with Preparation and Delivery of Transcripts (pdf)
Once you get the transcripts, serve a copy to all parties to the appeal. You'll also need to file a copy with the appellate court unless your motion for waiver of fees was granted.
If the proceedings were not recorded in the District Court, you can file a certificate that no transcripts are needed. File this with the appellate court.
Certificate that No Transcripts Requested (pdf fillable)
5. File a Docketing Statement.
You must file a Docketing Statement within 21 days. This helps the appellate court understand the basic issues on appeal, assess whether the matter should be referred to the Court of Appeal or the Supreme Court, and assists in scheduling settlement conferences.
Serve this on all parties to the appeal.
6. Decide whether to ask for a "stay" from the lower court.
Filing an appeal does not stop the underlying order from being effective. If you do not want the order to go into effect while the appeal is going on, you can file a motion in the district court to 'stay' - or pause - enforcement of the order. This is not mandatory; it is up to you to decide if you want to request a stay.
A motion for stay must be filed in the District Court and served on the other parties just like any other motion (there is currently not a self-help form for this). The District Court judge would make a determination.
If the District Court denies a motion for stay, you may file a motion for stay in the appellate court using the forms on the Appellate Forms site.
7. Attend settlement conference if required.
The appellate court may refer your case for a settlement conference. If so, comply with any requirements of the settlement conference.
Certain case types are NOT referred for settlement unless both parties opt in:
- Child custody;
- Child visitation/timeshare issues;
- Child relocation;
- Child guardianship.
The remaining steps and deadlines will only become effective once the settlement conference process is waived or has ended without agreement.
8. File an Informal Brief.
Option 1: Complete a Guided Interview that Creates Forms for You
All the necessary forms will be created based on your answers to the questions in this guided interview:
Q&A Form Interview: Informal Brief
Option 2: Fill out the individual forms separately:
An Informal Brief is your summary of the issues you are appealing. Any issues you want the appellate court to review must be presented in your brief, along with your statement of facts and your argument as to what you think the District Court did wrong.
The appellate court should issue an order with the deadline for you to file this brief, but it is typically due:
For "Fast Track Child Custody" appeals: within 60 days of docketing.
For Termination of Parental Rights appeals: within 90 days of docketing.
For other civil appeals: within 120 days of docketing.
8. Wait for a Hearing Date and/or Decision.
Once all parties have submitted their briefs, the Court may schedule a hearing. This is a chance for both parties to explain their position and for the Court to ask questions.
However, many appeals are decided on the papers without a hearing. It is up to the appellate court whether to set a hearing or decide the appeal on the briefs.
The appellate court will issue a written decision after the briefs are submitted and/or after a hearing. It may take several months for the appellate court to issue a written decision.
