NRAP 26
Advisory Committee Note-2019 Amendment
Subsection (a).Rule 26(a) is modeled on FRAP 26(a) and changes time deadline calculations so that all deadlines are computed the same way, regardless of how long or short the period is. This simplifies time computation and facilitates "day-of-the-week" counting but has required revisions to other NRAP. To compensate for the shortening of time periods previously expressed as less than 11 days by the directive to count intermediate Saturdays. Sundays, and legal holidays, some periods have been lengthened. In general periods of time of 5 or fewer days were lengthened to 7 days. and periods of time between 6 and 15 days were set to 14 days. Time periods of 16 to 20 days were set to 21 days. and periods longer than 30 days were retained without change. The use of 7-. 14-. and 21-day periods facilitates "day-of-the-week" counting: for example, if a motion was filed and served on Wednesday with 7 days to respond, the opposition would be due the following Wednesday. Statutory- and rule-based timelines subject to this rule may not be changed concurrently with this rule. If a reduction in the times to respond under those statutes and rules results, an extension of time may be warranted to prevent prejudice.
Subsection (b). The amendments to Rule 26(b)(1)(B) synchronize it with telephonic requests for an extension of time in Rule 31(b).
Subsection (c). In conjunction with the amendments to the Nevada Electronic Filing and Conversion Rules (NEFCR). the amendments to Rule 26(c) clarify that electronic filing does not trigger an additional 3 days to respond. The companion amendments to the NRCP and NEFCR eliminate former inconsistent provisions providing for three days to be added when service is made electronically. The amendments to the NEFCR also require the simultaneous filing and service of documents on submission to a court's electronic filing system. If electronic service after business hours, or just before or during a weekend or holiday, results in a practical reduction of the time available to respond, an extension of time may be warranted to prevent prejudice.