RULE 3B. CRIMINAL ACTIONS: STANDING TO APPEAL; WHEN ALLOWED; HOW TAKEN; RULES GOVERNING
Appeals from determinations of district courts in criminal actions shall be governed by the rules and by NRS 177.015 to 177.305. All appeals in capital cases are also subject to the provisions of S.C.R. 250. Rule 3C applies to all other direct and post-conviction criminal appeals, except those matters specifically excluded from the fast track by Rule 3C(a).
[As amended; effective September 1, 1996.]
RULE 3C. FAST TRACK CRIMINAL APPEALS
(a) Expedited Appeals. This Rule is applicable to an appeal from a judgment or order of a district court entered in a criminal or post-conviction proceeding commenced after September 1, 1996, whether the appellant is the State or the defendant. A proceeding is commenced for the purposes of this Rule upon the filing of an indictment, information, or post-conviction application in the district court. The Supreme Court may exercise its discretion and apply this Rule to appeals arising from criminal and post-conviction proceedings that are not subject to this Rule. Unless the court otherwise orders, an appeal is not subject to this Rule if:
(1) the appeal challenges an order or judgment in a case involving a category A felony, as described in NRS 193.130(2)(a), in which a sentence of death or imprisonment in the state prison for life with or without the possibility of parole is actually imposed, or
(2) the appeal is brought by a proper person defendant or petitioner.
(b) Responsibilities of Trial Counsel. Trial counsel shall be responsible for filing the notice of appeal, rough draft transcript request form, and fast track statement and for consulting with appellate counsel for the case regarding the appellate issues that are raised. Trial counsel shall arrange their calendars and adjust their public or private contracts for compensation to accommodate the additional duties imposed by this Rule.
(1) Withdrawal of Trial Counsel. To withdraw from representation during the appeal, trial counsel shall file with the Supreme Court a motion to withdraw from representation. The motion shall be considered only after trial counsel has filed the notice of appeal, rough draft transcript request and fast track statement. The granting of such motions shall be conditioned upon trial counsel’s full cooperation with appellate counsel during the appeal.
(c) Notice of Appeal. In the event that an appellant elects to appeal from a district court order or judgment governed by this Rule, appellant’s trial counsel shall serve and file a notice of appeal pursuant to applicable rules and statutes.
(d) Rough Draft Transcript. A rough draft transcript is a computer-generated transcript that can be expeditiously prepared in a condensed fashion, but is not proofread, corrected or certified to be an accurate transcript.
(1) For the purposes of this Rule, a rough draft transcript shall:
(i) Be printed on paper 8 1/2 by 11 inches in size, double-sided, with the words “Rough Draft Transcript” printed on the bottom of each page;
(ii) Be produced with a yellow cover sheet in a condensed format that produces at least four conventional transcript pages on one condensed page;
(iii) Include a concordance indexing key words in the transcript; and
(iv) Include an acknowledgment by the court reporter or recorder that the document submitted pursuant to this section of this Rule is a true original or copy of the rough draft transcript.
(2) Notification of Court Reporter or Recorder. When a case may be subject to this Rule, the presiding district court judge shall notify the court reporter or recorder for the case prior to trial that a rough draft transcript may be required.
(3) Request for Rough Draft Transcript. When a rough draft transcript is necessary for an appeal, trial counsel shall file a rough draft transcript request form with the district court and shall serve a copy of the request form upon the court reporter or recorder and opposing counsel. Trial counsel shall file with the Supreme Court two (2) file-stamped copies of the rough draft transcript request form and proof of service of the form upon the court reporter or recorder and opposing counsel.
(i) Trial counsel shall serve and file the documents specified in subsection (d)(3) of this Rule on the same date the notice of appeal is served and filed. The rough draft transcript request shall substantially comply with Form 5 of the Appendix of Forms.
(ii) Counsel shall order transcripts of only those portions of the proceedings which counsel reasonably and in good faith believes are necessary to determine whether appellate issues are present. In particular, transcripts of jury voir dire, opening statements, closing arguments, and the reading of jury instructions shall not be requested unless pertinent to the appeal.
(iii) The court reporter or recorder shall submit an original rough draft transcript, as requested by appellant’s or respondent’s counsel, to the district court no more than twenty (20) days after the date of service of the request. The court reporter or recorder shall also deliver certified copies of the rough draft transcript to the Supreme Court clerk and to the requesting and opposing attorneys no more than twenty (20) days after the date of service of the request.
(iv) Relevant portions of the trial or hearing that were audio recorded or video recorded shall be submitted in typewritten form. The Supreme Court shall not accept audio or video tapes in lieu of a rough draft transcript.
(4) Supplemental Request for Rough Draft Transcript. Opposing counsel may make a supplemental request for portions of the rough draft transcript that were not previously requested. The request shall be made no more than three (3) days after opposing counsel is served with the transcript request made pursuant to subsection (d)(3) of this Rule. In all other respects, opposing counsel shall comply with the provisions of this Rule governing a rough draft transcript request when making a supplemental rough draft transcript request.
(5) Sufficiency of the Rough Draft Transcript. Trial counsel shall be responsible for reviewing the sufficiency of the rough draft transcript. In the event a substantial question arises regarding an inaccuracy in a rough draft transcript, the Supreme Court may order the production of a certified transcript.
(6) The provisions of subsection (d)(1) of this Rule shall not apply to preparation of transcripts produced by means other than computer-generated technology. Time limitations and other procedures governing requests for and preparation of transcripts produced by means other than computer-generated technology, however, shall conform with the provisions of this Rule respecting rough draft transcripts.
(e) Filing of Fast Track Statement and Appendix. Within forty (40) days from the date the notice of appeal is filed with the district court, appellant’s trial counsel shall file an original and one (1) copy of both a form fast track statement and an appendix with the Supreme Court. The fast track statement shall substantially comply with Form 6 of the Appendix of Forms.
(1) The fast track statement shall not exceed ten (10) pages in length and shall include the following:
(i) A statement of jurisdiction for the appeal;
(ii) A statement of the case and procedural history of the case;
(iii) A concise statement summarizing all facts material to a consideration of the issues on appeal;
(iv) An outline of the alleged error(s) of the district court;
(v) A statement describing how the alleged issues on appeal were preserved during trial;
(vi) Legal argument, including authorities, pertaining to the alleged error(s) of the district court;
(vii) Where applicable, a statement regarding the sufficiency of the rough draft transcript; and
(viii) Where applicable, a reference to all related or prior appeals, including the appropriate citations for those appeals.
(2) Counsel have a duty to confer and attempt to reach an agreement concerning a possible joint appendix to be filed with the fast track statement. In the absence of an agreement respecting a joint appendix, appellant shall prepare and file a separate appendix with the fast track statement. The preparation and contents of appendices shall comply with Rules 30 and 32 and shall be paginated sequentially. Every assertion in the fast track statement regarding matters in a rough draft transcript or in an appendix shall cite to the page of the rough draft transcript or appendix that supports that assertion.
(f) Filing of Fast Track Response. Within twenty (20) days from the date a fast track statement is filed with the Supreme Court, the respondent shall file an original and one (1) copy of its fast track response. The fast track response shall substantially comply with Form 7 of the Appendix of Forms.
(1) The fast track response shall not exceed ten (10) pages in length and shall include additional authority and factual information necessary to rebut the contentions in the fast track statement.
(2) Counsel have a duty to confer and attempt to reach an agreement concerning a possible joint appendix. In the absence of an agreement respecting a joint appendix, respondent shall file an original and one (1) copy of a separate appendix with the fast track response. The preparation and contents of appendices shall comply with Rules 30 and 32 and shall be paginated sequentially. Every assertion in the fast track response regarding matters in a rough draft transcript or in an appendix shall cite to the page of the rough draft transcript or appendix that supports that assertion.
(g) Filing of Supplemental Fast Track Statement and Response. An original and one (1) copy of a supplemental fast track statement of not more than five (5) pages may be filed by appellate counsel if appellate counsel differs from trial counsel and if appellate counsel can assert material issues which should be considered and which were not raised in the fast track statement. The supplemental statement shall be filed with the Supreme Court and served upon opposing counsel no more than twenty (20) days after the filing of the fast track statement or appellate counsel’s appointment, whichever is later. A response to a supplemental fast track statement of not more than five (5) pages may be filed by the respondent and served upon opposing counsel no later than ten (10) days after the filing and service of the supplemental fast track statement.
(h) Extensions of Time.
(1) A court reporter or recorder may request by telephone a five (5) day extension of time for the preparation of a rough draft transcript if such preparation requires more time than is allowed under this Rule. If good cause is shown, the clerk of the Supreme Court or a designated deputy may grant such requests via telephone or by written order of the clerk. Subsequent extensions of time for filing rough draft transcripts shall be granted only upon motion to the Supreme Court. Such motions shall justify the requested extension in light of the time limits provided in this Rule, and shall specify the exact length of the extension requested. Extensions of time for the filing of rough draft transcripts shall be granted only upon demonstration of good cause. Sanctions may be imposed if such motions are brought without reasonable grounds.
(2) Counsel may request by telephone a five (5) day extension of time for filing fast track statements and responses, and supplemental fast track statements and responses. If good cause is shown, the clerk of the Supreme Court may grant such requests via telephone or by written order of the clerk. Subsequent extensions of time for filing fast track statements and responses, and supplemental fast track statements and responses shall be granted only upon motion to the Supreme Court. Such motions shall justify the requested extension in light of the time limits provided in this Rule, and shall specify the exact length of the extension requested. Extensions of time for the filing of fast track statements and responses, and supplemental fast track statements and responses shall be granted only upon demonstration of extreme need or merit. Sanctions may be imposed if such motions are brought without reasonable grounds.
(i) Amendments to Statements and Responses. Leave to amend fast track statements and responses, or supplemental fast track statements and responses shall be granted only upon motion to the Supreme Court. Motions to amend shall justify the absence of the offered arguments in the initial or supplemental fast track statement or response. Such motions shall be granted only upon demonstration of extreme need or merit.
(j) Full Briefing, Calendaring or Summary Disposition.
(1) Based solely upon review of the rough draft transcript, fast track statement, fast track response, and any supplemental documents, the Supreme Court may summarily dismiss the appeal, may affirm or reverse the decision appealed from without further briefing or argument, may order the appeal to be fully briefed and argued or submitted for decision without argument, may order that briefing and any argument be limited to specific issues, or may direct the appeal to proceed in any manner reasonably calculated to expedite its resolution and promote justice.
(2) If the Supreme Court orders an appeal to be fully briefed, and neither party objects to the sufficiency of the rough draft transcripts to adequately inform this court of the issues raised in the appeal, counsel are not required to file certified transcript request forms pursuant to N.R.A.P. 9(a). If a party’s brief will cite to a transcript not previously filed in this court, that party shall cause a supplemental transcript to be prepared and filed in the district court and the Supreme Court pursuant to N.R.A.P. 9 within the time specified for filing the brief in the Supreme Court’s briefing order. If a party’s brief will cite to documents not previously filed in this court, that party shall file and serve an appropriately documented supplemental appendix with the brief.
(k) Reserved.
(l) Withdrawal of Appeal. If an appellant no longer desires to pursue an appeal after the notice of appeal is filed, counsel responsible for the appeal at that time shall file with the Supreme Court a notice of withdrawal of appeal. The notice of withdrawal of appeal shall substantially comply with Form 8 of the Appendix of Forms.
(m) Court Reporter or Recorder Protection and Compensation. When preparing and submitting rough draft transcripts under this Rule,
(1) Court reporters or recorders shall not be subject to civil, criminal or administrative causes of action for inaccuracies in a rough draft transcript unless the court reporter or recorder willfully:
(i) Fails to take full and accurate stenographic notes of the criminal proceeding for which the rough draft transcript is submitted, or willfully and improperly alters stenographic notes from the criminal proceeding, or willfully transcribes audio or video tapes inaccurately; and
(ii) Such willful conduct proximately causes injury or damage to the party asserting the action, and that party demonstrates that appellate or post-conviction relief was granted or denied based upon the court reporter’s or recorder’s inaccuracies.
(2) Compensation. Court reporters shall be compensated as follows:
(i) For the preparation of a rough draft transcript, the court reporter shall receive one hundred (100) percent of the rate established by NRS 3.370 for each transcript page as defined by NRS 3.370 and $25.00 for costs. Costs include the cost of an ASCII diskette, which is included with the original and each copy of the rough draft transcript, and the cost of delivery of the original and copies of the rough draft transcript. In the event that overnight delivery is required to or from outlying areas, that cost shall be additional.
(ii) In the event a certified transcript is ordered after the rough draft transcript is prepared, the court reporter shall receive an additional fee equal to twenty-five (25) percent of the amount established by NRS 3.370 for the already prepared rough draft portion of the transcript. Any portions not included with the rough draft transcript will be compensated by the amount established by NRS 3.370.
(n) Sanctions. Any attorney, court reporter, or court recorder who lacks due diligence in compliance with this Rule may be subject to sanctions by the Supreme Court. Sanctionable actions include, but are not limited to, failure of trial counsel to file a timely fast track statement or fast track response; failure of trial counsel to fully cooperate with appellate counsel during the course of the appeal; and failure of counsel to raise material issues or arguments in a fast track statement, response, supplemental statement or supplemental response.
(o) Conflict. The provisions of this Rule shall prevail over conflicting provisions of any other rule.
[Added; effective September 1, 1996; as amended; effective February 28, 2000.]
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