When am I able to appeal the outcome of a case in Nevada?
A successful appeal in Nevada will first be eligible, as not all judgments are, and it will be based on solid grounds for appeal.
In 2016, the Nevada Court of Appeals received 217 filings regarding civil cases. In other words, hundreds of people every year across the state are unsatisfied with the outcome of their case, and they take the legal steps to do something about it.
Of course, many more people than that may be unhappy with the way their case unfolded, but they may not have the legal grounds to appeal it. Here, we look at the reasons you may be able to use as a reason to appeal your case, based on information from the Nevada Rules of Appellate Procedure.
The law states that only certain cases or action items may be eligible for appeal, such as the following:
- An order to grant or deny a new trial
- An order to grant or deny an injunction
- A final judgment in an action that was commenced in the court where the judgment was rendered
- An order granting or denying to vacate an order appointing a receiver
- An interlocutory judgment
The full list of eligible cases are found in Rule 3A(b) of the Nevada Rules of Appellate Procedure.
Possible grounds for appeal
Perhaps one of the main reasons people are able to appeal a case – and successfully do so – is when there is either a legal error or illegal action that took place and resulted in the initial ruling. This could include items such as a procedural error or a case in which the evidence did not support the way a judge or jury issued a ruling. In some cases, it could be that the law was misinterpreted or inaccurately applied.
Filing an appeal
Once someone has determined that the case is eligible for appeal and there are grounds to do so, there are still some parameters by which the appellate party must abide. First of all, there is a time limit for filing the notice of appeal. If the case involves a judgment entered in a district court, the deadline is filing within 30 days of the service of the notice of entry of the order or judgment. If the case took place in a justice court, the deadline is 20 days.
The appeal must be filed with the court that heard the case. There are certain fees that may be applicable, though it may be possible to get these fees waived.
It is important to note that filing an appeal does not create an automatic stay of a judgment. For example, a business dispute that results in a judgment in favor of a plaintiff would have to be executed unless a stay is created. In order to prevent a judgment or order from being carried out during the appeals process, there must be additional steps taken, such as filing a supersedeas bond.
Lastly, simply because an order is not eligible for appeal does not mean that other remedies may not be available. People who have concerns about this topic should speak with an appeals attorney in Nevada.