Nev. R. App. P. 32

As amended through October 9, 2024
Rule 32 - Form of Briefs, the Appendix and Other Papers
(a) Form of a Brief.
(1) Reproduction.
(A) A brief must be reproduced by any process that yields a clear black image of letter quality. The paper must be opaque and unglazed. Only one side of the paper may be used.
(B) Text must be reproduced with a clarity that equals or exceeds the output of a laser printer.
(C) Photographs, illustrations, and tables may be reproduced by any method that results in a good copy of the original; a glossy finish is acceptable if the original is glossy.
(2) Cover. The cover page shall leave room in the upper right quadrant for the file stamp. The front cover of a brief must contain:
(A) the name of the court and the number of the case;
(B) the title of the case (see Rule 12(a));
(C) the nature of the proceedings in the court (e.g., Appeal) and the name of the court below;
(D) the title of the document (e.g., Appellant's Opening Brief, Respondent's Answering Brief); and
(E) the names, addresses, telephone numbers, and State Bar of Nevada identification numbers of counsel, if any, representing the party for whom the brief is filed.
(3) Binding. The brief must be bound in any manner that is secure, does not obscure the text, and permits the brief to lie reasonably flat when open.
(4) Paper Size, Line Spacing, Margins, and Page Numbers. The brief must be on 8 1/2 by 11-inch paper. The text must be double-spaced, except that quotations of more than two lines may be indented and single-spaced. Headings and footnotes may be single-spaced. Margins must be at least 1 inch on all four sides. The pages must be consecutively numbered at the bottom. Pages in the brief preceding the statement of the case must be numbered in lowercase Roman numerals, and pages in the brief beginning with the statement of the case must be numbered in Arabic numerals.
(5) Typeface. Either a proportionally spaced or a monospaced typeface may be used. Footnotes must be in the same size and typeface as the body of the brief.
(A) A proportionally spaced typeface (e.g., Century Schoolbook, Times New Roman, Garamond, Georgia, and Palatino) must be 14-point or larger.
(B) A monospaced typeface (e.g., Courier and Pica) may not contain more than 10 1/2 characters per inch (e.g., Courier 12-point).
(C) Self-represented litigants may use elite type, 12 characters per inch, if they lack access to a typewriter with larger characters.
(6) Type Styles. A brief must be set in a plain, roman style, although underlining, italics, or boldface may be used for emphasis. Case names must be italicized or underlined.
(7) Length.
(A) Noncapital Cases.
(i) Page Limitation. Unless it complies with Rule 32(a)(7)(A)(ii) or permission of the court is obtained under Rule 32(a)(7)(D), an opening or answering brief must not exceed 30 pages, and a reply brief must not exceed 15 pages.
(ii) Type-Volume Limitation. An opening or answering brief is acceptable if it contains no more than 14,000 words or, if it uses a monospaced typeface, contains no more than 1,300 lines of text. A reply brief is acceptable if it contains no more than half the type-volume specified for an opening or answering brief under this Rule.
(B) Capital Cases.
(i) Page Limitation. Unless it complies with Rule 32(a)(7)(B)(ii) or permission of the court is obtained under Rule 32(a)(7)(D), an opening or answering brief in a capital case must not exceed 80 pages, and a reply brief in a capital case must not exceed 40 pages.
(ii) Type-Volume Limitation. An opening or answering brief in a capital case is acceptable if it contains no more than 37,000 words or, if it uses a monospaced typeface, contains no more than 3,500 lines of text. A reply brief in a capital case is acceptable if it contains no more than half the type-volume specified in this Rule for an opening or answering brief in a capital case.
(C) Computing Page and Type-Volume Limitations. The disclosure statement, table of contents, table of authorities, jurisdictional statement, routing statement, and statement of the issues, which must precede any introduction and the statement of the case in the brief under Rule 28, and the signature blocks required by Rule 25(a)(5), certificate of service if required by Rule 25(d)(1), certificate of compliance required by Rule 32(a)(9), and any addendum prepared under Rule 28(f), which must follow the conclusion in the brief under Rule 28, do not count toward a brief's page or type-volume limitation. The page or type-volume limitation applies to all other portions of the brief beginning with any introduction and the statement of the case, including headings, footnotes, and quotations, and ending with the last word in the conclusion in the brief.
(D) Permission to Exceed Page or Type-Volume Limitation.
(i) The court looks with disfavor on motions to exceed the applicable page or type-volume limitation, and therefore, permission to exceed the page or type-volume limitation will not be routinely granted. A motion to file a brief that exceeds the applicable page or type-volume limitation will be granted only upon a showing of diligence and good cause. The court will not consider the cost of preparing and revising the brief in ruling on the motion.
(ii) A motion seeking an enlargement of the page or type-volume limitation for a brief must be filed on or before the brief's due date and must state in detail the reasons for the motion and the number of additional pages, words, or lines of text requested. A motion to exceed the type-volume limitation must be accompanied by a certification as required by Rule 32(a)(9) as to the line or word count.
(iii) The motion must also be accompanied by a single copy of the brief the applicant proposes to file.
(8) Handwritten Briefs. A pro se party who is incarcerated or detained in a state prison or county jail or other facility may file documents under this Rule that are legibly handwritten in black or blue ink and that otherwise conform to the requirements of this Rule. Handwritten documents are not otherwise permitted without leave of the court.
(9) Certificate of Compliance.
(A) Certificate Required Upon Filing of Any Brief. All briefs must include a certificate of compliance. The certificate must be signed by the self-represented party or an active member of the State Bar of Nevada. The certificate must substantially comply with the Certificate of Compliance for Briefs Form on the Nevada Supreme Court website, representing that:
(i) the filer has read the brief;
(ii) the brief is not frivolous or interposed for any improper purpose;
(iii) the brief complies with all applicable Nevada Rules of Appellate Procedure, including Rule 28(e); and
(iv) the brief complies with the formatting requirements of Rule 32(a)(4)-(6), identifying the typeface and type-style used; and
(v) the brief complies with the page or type-volume limitation stated in Rule 32(a)(7). If relying on word or line count, the certificate must state either the number of words or the number of lines of monospaced type in the brief.
(B) Striking a Brief Without the Required Certificate. If a brief does not contain the certification required by this Rule, it will be stricken unless such a certification is provided within 14 days after the omission is called to the filer's attention.
(C) Sanctions. The Court may impose sanctions for an incomplete or inaccurate certificate.
(b) Form of Appendices. An appendix must comply with Rule 32(a)(1), (2), (3), and (4) with the following exceptions:
(1) An appendix may include a legible photocopy of any document found in the trial court record (see Rule 30).
(2) When necessary to facilitate inclusion of odd-sized documents such as technical drawings, an appendix may be a size other than 8 1/2 by 11 inches, and need not lie reasonably flat when opened.
(c) Form of Other Papers.
(1) Motion. The form of a motion is governed by Rule 27(d).
(2) Other Papers. Any other paper, including a petition for rehearing and a petition for en banc reconsideration, and any response to such a petition, must be reproduced in the manner prescribed by Rule 32(a)(1), (3), (4), (5), (6), and (8) and must contain a caption setting forth the name of the court, the title of the case, the case number, and a brief descriptive title indicating the purpose of the paper. The cover page shall leave room in the upper right quadrant for the file stamp.
(d) Signature. Every brief, motion, or other paper filed with the court must be signed as set forth in Rule 25(a)(5).
(e) Effect of Noncompliance With Rule. A brief, petition, motion, or other paper that is not prepared in accordance with this Rule may be stricken or disregarded by the court.

Nev. R. App. P. 32

Amended effective 10/1/2015; amended effective 8/15/2024.

ADVISORY COMMITTEE NOTE

Rule 32 is amended to conform to FRAP 32 and to address the attorney's certificate in former Rule 28.2. Subdivision (a)(2) eliminates the requirement for colored covers. When formatting the cover, practitioners should consider the placement of the court's file electronic stamp in the upper right-hand corner about 2 inches below and 3 inches to the left of the edge. The court name, case number, and case title should be formatted so as not to obscure the file stamp.

The certificate of compliance in subdivision (a)(9) now includes the information in former Rule 28.2 (attorney's certificate) and is required for all briefs, not just those submitted by represented parties.

In conformance with Rule 25, subdivision (e) now provides that a noncompliant brief or other paper may be stricken or disregarded by the court, but not by the clerk without the court's instruction.