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Docketing Statement - Civil Form. This is a Nevada form and can be use in Supreme Court Statewide.
Tags: Docketing Statement - Civil, Nevada Statewide, Supreme Court
IN THE SUPREME COURT OF THE STATE OF NEVADA
INDICATE FULL CAPTION:
No. ___________________________
DOCKETING STATEMENT
CIVIL APPEALS
GENERAL INFORMATION
All appellants not in proper person must complete this docketing statement. NRAP 14(a).
The purpose of the docketing statement is to assist the Supreme Court in screening
jurisdiction, classifying cases for en banc, panel, or expedited treatment, compiling statistical
information and identifying parties and their counsel.
WARNING
This statement must be completed fully, accurately and on time. NRAP 14(c). The Supreme
Court may impose sanctions on counsel or appellant if it appears that the information
provided is incomplete or inaccurate. Id. Failure to attach requested documents, fill out the
statement completely, or to file it in a timely manner constitutes grounds for the imposition
of sanctions, including a fine and/or dismissal of the appeal.
This court has noted that when attorneys do not take seriously their obligations under
NRAP 14to complete the docketing statement properly and conscientiously, they waste the
valuable judicial resources of this court, making the imposition of sanctions appropriate.
See KDI Sylvan Pools v. Workman, 107 Nev. 340, 344, 810 P.2d 1217, 1220 (1991). Please
use tab dividers to separate any attached documents.
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1. Judicial District________________________ Department________________________
County_________________________________ Judge______________________________
District Ct. Case No. ________________________________________________________
2. Attorney filing this docketing statement:
Attorney____________________________________ Telephone______________________
Firm _______________________________________________________________________
Address
Client(s)_____________________________________________________________________
If this is a joint statement by multiple appellants, add the names and addresses of other counsel
and the names of their clients on an additional sheet accompanied by a certification that they
concur in the filing of this statement.
3. Attorney(s) representing respondent(s):
Attorney ___________________________________________ Telephone ____________________
Firm __________________________________________________________________________
Address
Client(s) ________________________________________________________________________
Attorney ___________________________________________ Telephone ____________________
Firm __________________________________________________________________________
Address
Client(s) ________________________________________________________________________
(List additional counsel on separate sheet if necessary)
4. Nature of disposition below (check all that apply):
Judgment after bench trial
Judgment after jury verdict
Summary judgment
Default judgment
Grant/Denial of NRCP 60(b) relief
Grant/Denial of injunction
Grant/Denial of declaratory relief
Review of agency determination
Dismissal:
Lack of jurisdiction
Failure to state a claim
Failure to prosecute
Other (specify): ______________________
Divorce decree:
Original
Modification
Other disposition (specify):_________________
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5. Does this appeal raise issues concerning any of the following?
Child custody
Venue
Adoption
Termination of parental rights
Grant/Denial of injunction or TRO
Juvenile matters
6. Pending and prior proceedings in this court. List the case name and docket number
of all appeals or original proceedings presently or previously pending before this court which
are related to this appeal:
7. Pending and prior proceedings in other courts. List the case name, number and
court of all pending and prior proceedings in other courts which are related to this appeal
(e.g., bankruptcy, consolidated or bifurcated proceedings) and their dates of disposition:
8. Nature of the action. Briefly describe the nature of the action, including a list of the causes
of action pleaded, and the result below:
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9. Issues on appeal. State concisely the principal issue(s) in this appeal (attach separate
sheets as necessary):
10. Pending proceedings in this court raising the same or similar issues. If you are aware
of any proceeding presently pending before this court which raises the same or similar issues
raised in this appeal, list the case name and docket number and identify the same or similar
issues raised:
11. Constitutional issues. If this appeal challenges the constitutionality of a statute, and the
state, any state agency, or any officer or employee thereof is not a party to this appeal, have you
notified the clerk of this court and the attorney general in accordance with NRAP 44 and
NRS 30.130?
N/A
Yes
No
If not, explain:
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12. Other issues. Does this appeal involve any of the following issues?
Reversal of well-settled Nevada precedent (on an attachment, identify the case(s))
An issue arising under the United States and/or Nevada Constitutions
A substantial issue of first impression
An issue of public policy
An issue where en banc consideration is necessary to maintain uniformity of this court's
decisions
A ballot question
If so, explain:
13. Trial. If this action proceeded to trial, how many days did the trial last? ___________
Was it a bench or jury trial?_____________________________
14. Judicial disqualification. Do you intend to file a motion to disqualify or have a justice
recuse him/herself from participation in this appeal? If so, which Justice?
TIMELINESS OF NOTICE OF APPEAL
15. Date of entry of written judgment or order appeal from ________________________.
Attach a copy. If more than one judgment or order is appealed from, attach copies of
each judgment or order from which this appeal is taken.
If no written judgment or order was filed in the district court, explain the basis for
seeking appellate review:
16. Date written notice of entry of judgment or order served___________________________.
Attach a copy, including proof of service, for each order or judgment appealed from.
Was service by:
Delivery
Mail
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17. If the time for filing the notice of appeal was tolled by a post-judgment motion
(NRCP 50(b), 52(b), or 59),
(a) Specify the type of motion, the date and method of service of the motion, and the date
of filing.
NRCP 50(b) Date served _________ By delivery
or by mail
Date of filing___________
NRCP 59
or by mail
Date of filing___________
NRCP 52(b) Date served _________ By delivery
Date served _________ By delivery
or by mail
Date of filing___________
Attach copies of all post-trial tolling motions.
NOTE: Motions made pursuant to NRCP 60 or motions for rehearing or reconsideration do not toll the
time for filing a notice of appeal.
(b) Date of entry of written order resolving tolling motion _____________________________.
Attach a copy.
(c) Date written notice of entry of order resolving tolling motion served ____________________.
Attach a copy, including proof of service.
Was service by:
Delivery
Mail
18. Date notice of appeal filed __________________________.
If more than one party has appealed from the judgment or order, list the date each notice
of appeal was filed and identify by name the party filing the notice of appeal:
19. Specify statute or rule governing the time limit for filing the notice of appeal,
e.g., NRAP 4(a), NRS 155.190, or other _____________________________________________.
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SUBSTANTIVE APPEALABILITY
20. Specify the statute or other authority granting this court jurisdiction to review
the judgment or order appealed from:
NRAP 3A(b)(1)
NRS 155.190 (specify subsection) ___________________________
NRAP 3A(b)(2)
NRS 38.205 (specify subsection) ___________________________
NRAP 3A(b)(3)
NRS 703.376
Other (specify)__________________________________________________________________
Explain how each authority provides a basis for appeal from the judgment or order:
COMPLETE THE FOLLOWING SECTION ONLY IF MORE THAN ONE CLAIM FOR RELIEF WAS
PRESENTED IN THE ACTION (WHETHER AS A CLAIM, COUNTERCLAIM, CROSS-CLAIM, OR
THIRD-PARTY CLAIM) OR IF MULTIPLE PARTIES WERE INVOLVED IN THE ACTION.
Attach separate sheets as necessary.
21. List all parties involved in the action in the district court:
If all parties in the district court are not parties to this appeal, explain in detail why
those parties are not involved in this appeal, e.g., formally dismissed, not served, or
other:
22. Give a brief description (3 to 5 words) of each party’s separate claims,
counterclaims, cross-claims, or third-party claims, and the trial court’s disposition
of each claim, and how each claim was resolved (i.e., order, judgment, stipulation),
and the date of disposition of each claim. Attach a copy of each disposition.
23. Attach copies of the last-filed version of all complaints, counterclaims, and/or
cross-claims filed in the district court.
24. Did the judgment or order appealed from adjudicate ALL the claims alleged
below and the rights and liabilities of ALL the parties to the action below?
Yes
No
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25. If you answered “No” to question 24, complete the following:
(a) Specify the claims remaining pending below:
(b) Specify the parties remaining below:
(c) Did the district court certify the judgment or order appealed from as a final judgment
pursuant to NRCP 54(b)?
Yes
No
If “Yes”, attach a copy of the certification or order, including any notice of
entry and proof of service.
(d) Did the district court make an express determination, pursuant to NRCP 54(b), that
there is no just reason for delay and an express direction for the entry of judgment?
Yes
No
26. If you answered “No” to any part of question 25, explain the basis for seeking
appellate review (e.g., order is independently appealable under NRAP 3A(b)):
VERIFICATION
I declare under penalty of perjury that I have read this docketing statement, that
the information provided in this docketing statement is true and complete to the
best of my knowledge, information and belief, and that I have attached all required
documents to this docketing statement.
________________________________
Name of appellant
________________________________
Name of counsel of record
________________________________
Date
________________________________
Signature of counsel record
________________________________
State and county where signed
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CERTIFICATE OF SERVICE
I certify that on the _________ day of ________________, ______, I served a copy of this
completed docketing statement upon all counsel of record:
By personally serving it upon him/her; or
By mailing it by first class mail with sufficient postage prepaid to the following
address(es):
Dated this ________ day of _________________, ______.
________________________________
Signature
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