Appealing in Nevada : Nevada Appellate Lawyer & Attorney : Tami D. Cowden : Nevada Supreme Court, Ninth Circuit Court of Appeals

Many of the proposed changes relate to eliminating the existing difference in the ways days are counted depending on whether the time period is 11 days or more, or less than 11 days.  If less, the current rules require that only court days be counted.   Instead, under the proposed changes, all days will be counted.  But the proposal also lengthens the time period for many types of actions.

The proposal is to change the deadline for certain post judgment motions from ten days to thirty days – the same deadline for filing a notice of appeal for cases not involving the U.S. government.  Bashman points out the potential impact a change in these civil rules could have on appellate strategy.  

Another proposed change – partially mooted if the “days are days” rule is adopted – would clarify the intersection of the 3 day for mail rule set forth in FRAP 26(c) with the “count court days only when the time if under 11 days” rule of FRAP 26(a)(2).  The proposal clarifies that you count ten or less days first, proceeding to the appropriate court day, if necessary. Then, you add the 3 days.

The Nevada Supreme Court clarified its similar rules to apply in such a way in Winston Products Co. v. DeBoer

However, the federal proposal further clarifies that if, for a time period that exceeds ten days, the deadline after counting those days falls on a non-court day, you proceed to the next court day, and then add the 3 days for mailing.

The Nevada Supreme Court does not agree with that interpretation.  Instead, the 3 days are added on at the end of the time period, regardless of whether the last day of that time period falls on a noncourt day.  Custom Cabinet Factory of New York v. District Court, 119 Nev. 51, 54-55, 62 P.3d 741, 743 (2003).

Comments are requested by February 15.  Send your comments on the proposed changes to the federal rules to Rules_Comments@ao.uscourts.gov