When another person takes you to court claiming that your negligence led to his or her injury, the plaintiff has the burden of proof in a Nevada district court. However, as the defendant, you must also have convincing evidence on your side.
If the judge determines that you knew or should have known that there was a dangerous condition and did nothing to correct the situation, you may lose your case. If you believe the judge applied the law wrong or misinterpreted evidence, you may be able to appeal. However, as the Civil Law Self-Help Center notes, the process must be followed carefully.
Notice of appeal
After the judgment has been entered, you have 30 days to file your notice of appeal, which typically costs between $250 and $300 for filing fees. The court clerk will stamp your notice, and then you have to mail a copy of it to the party who sued you, or his or her attorney if there is one.
Motion to stay the judgment
To prevent the other party from attempting to collect the judgment from you within that 30 days, you must also file a motion requesting a stay pending the appeal. This may need to be done in the district court where your case was heard, or it may be filed with the Nevada Supreme Court, depending on the situation.
Once your appeal has been listed to be heard by the appellate or supreme court, you have 15 days to request the transcript of the original proceedings. The supreme court clerk must receive a copy of the request form, and it must also be served to the court reporter and everyone else involved in the case. The transcript requires a deposit, and then the portions determined necessary by the appellate court will be prepared for you. This must also be given to the other party, or his or her attorney.
The brief is the document that includes all the information about the original case and your argument. This must be filed with the supreme court clerk within 120 days of the day when your case was docketed, and you must also serve a copy to the original plaintiff. That party then has 30 days to review the brief and file one in answer. You get 30 days to reply to the response.
The appellate court may review the briefs and decide the case, or you and the other party may be required to defend your positions in person. Alternately, your case may be heard in the Nevada Supreme Court. This material is provided for educational purposes, but should not be interpreted as legal advice.