Nev. R. App. P. 25

As amended through October 9, 2024
Rule 25 - Filing and Service
(a) Filing.
(1) Filing With the Clerk. A paper required or permitted to be filed in the court must be filed with the clerk.
(2) Filing: Method and Timeliness.
(A) Nonelectronic Filing. A paper not filed electronically is timely filed if, on or before the last day for filing, it is:
(i) delivered to the clerk in person in Carson City;
(ii) mailed to the clerk at the Supreme Court of Nevada, 201 South Carson Street, Suite 201, Carson City, Nevada 89701-4702 by first-class mail, or other class of mail that is at least as expeditious, postage prepaid;
(iii) dispatched to a third-party commercial carrier for delivery to the clerk within 3 days;
(iv) deposited in the Supreme Court drop box as provided in Rule 25(a)(3); or
(v) transmitted directly to the clerk by facsimile transmission as provided in Rule 25(a)(4).
(B) Electronic Filing.
(i) By a Person Represented by an Attorney-Generally Required; Exceptions. A person represented by an attorney must file electronically, unless nonelectronic filing is allowed by the court for good cause.
(ii) By a Self-Represented Person. A self-represented person may, but is not required to, file electronically, in accordance with the clerk's office procedures.
(iii) Timeliness. A paper is timely filed if, on or before the last day for filing, it is electronically transmitted to the court's electronic filing system consistent with NEFCR 8. If technical failure prevents timely electronic filing of any paper, the filing party shall preserve documentation of the failure and seek appropriate relief from the court.
(iv) Same as a Written Paper. A paper filed electronically is a written paper for the purposes of these rules.
(3) Clerk's Drop Box.
(A) Papers Eligible for Drop Box Submission. Any paper required or permitted to be filed in the court may be submitted for filing by depositing the paper in the drop box located in the Las Vegas office of the clerk of the Supreme Court during the hours the Las Vegas office is open. Cash must not be deposited in the drop box.
(B) Requests for Emergency or Expedited Relief. A request for emergency or expedited relief, or a response thereto, should not be deposited in the drop box. Emergency filings are governed by Rule 27(e).
(C) Procedure. Before being placed in the drop box, a paper must be date and time stamped and enclosed in a sealed envelope. Filing is timely if, on or before the last day of the prescribed filing period, the paper is date and time stamped and deposited in the drop box. Stamping of copies submitted to the court is not required.
(D) Transmission of Papers to Carson City. A paper deposited in the drop box will be transmitted to the clerk's office in Carson City and processed in accordance with these Rules.
(4) Filing by Facsimile Transmission. Papers may be received for filing by the clerk through facsimile transmission only in cases of emergency, and only if an oral request for permission to do so has first been tendered to the clerk and approved, upon a showing of good cause, by any justice or judge or the clerk. In all cases where a paper has been facsimile transmitted and filed under this Rule, the party who transmitted the paper for filing must file the original paper with the clerk, in the manner provided in Rule 25(a)(2)(A)(i)-(iii) or Rule 25(a)(2)(B), within 3 days of the date of the facsimile transmission. The original must be accompanied by proof of service on all parties as required by Rule 25(d). A copy of a paper filed by facsimile transmission must be served on all parties by facsimile transmission and as required by Rule 25(c) at the time the document is filed with the court.
(5) Signing. All papers submitted to the court for filing by a represented party must include the signature of at least 1 attorney of record who is an active member of the bar of this state, and the address, telephone number, and State Bar of Nevada identification number of the attorney and of any associated attorney appearing for the party filing the paper. All papers submitted to this court for filing by self-represented parties must include the signature of the party and must state the party's address and telephone number. A filing made through a person's electronic-filing account and authorized by that person, together with that person's name on a signature block, constitutes the person's signature.
(b) Service of All Papers Required. Unless a rule requires service by the clerk, a party or person acting for that party must, at or before the time of filing a paper, serve a copy on the other parties to the appeal or review. Service on a party represented by counsel must be made on the party's counsel.
(c) Manner of Service.
(1) Nonelectronic service may be any of the following:
(A) personal, including delivery to a responsible person at the office of counsel;
(B) by mail; or
(C) by third-party commercial carrier for delivery within 3 days.
(2) Electronic service of a paper may be made by:
(A) notice by electronic means to registered users of the court's electronic filing system consistent with NEFCR 9; or
(B) other electronic means, if the party being served consents in writing.
(3) When reasonable, considering such factors as the immediacy of the relief sought, distance, and cost, service on a party must be by a manner at least as expeditious as the manner used to file the paper with the court.
(4) Service by mail or by commercial carrier is complete on mailing or delivery to the carrier. Service by electronic means under Rule 25(c)(2) is complete on filing or transmission, unless the party making service is notified that the paper was not received by the party served.
(d) Proof of Service.
(1) A paper presented for filing must contain either of the following if it was served other than through the court's electronic filing system:
(A) an acknowledgment of service by the person served; or
(B) proof of service in the form of a statement by the person who made service certifying:
(i) the date and manner of service;
(ii) the names of the persons served; and
(iii) the mail or electronic addresses, facsimile numbers, or the addresses of the places of delivery, as appropriate for the manner of service.
(2) Proof of service may appear on or be affixed to the papers filed.
(e) Clerk's Refusal of Documents. The clerk must not refuse to accept for filing any paper presented for that purpose solely because it is not presented in proper form as required by these Rules.

Nev. R. App. P. 25

As amended; effective 1/20/2015; amended effective 3/1/2019; amended effective 8/15/2024.

ADVISORY COMMITTEE NOTE

This rule has been stylistically revised to align with FRAP 25. Subdivision (a)(2)(B)(ii) now permits self-represented parties to file electronically, but the provisions for drop box and facsimile filing have also been retained, since parties still use them. Subdivision (e) is new. Modeled on FRAP 25(e)(4), Rule 25(e) prohibits the clerk from refusing to file a document solely because it is not presented in proper form. The clerk's office will still do a compliance check and notify the parties of any deficiency, but the deficient document would be filed and be available to the court. It is up to the court to determine how to proceed if the deficiency is not corrected.