Appealing The Case
Learn how to "appeal" your Justice Court case if you disagree with the decision reached by the judge after your trial.
Overview
If you disagree with the decision reached after your trial, you can file an appeal. Appeals are requests to have a higher court change or reverse the judgment of a lower court.
This page only covers Justice Court appeals to District Court. If you are appealing a District Court case to the Nevada Supreme Court, visit the State of Nevada's self-help center website here.
When you appeal, your case is reviewed by a higher court. The appeals court can only look at the evidence that was presented at trial Depending on what the appeals court decides, it can set aside, confirm, or modify the trial court’s judgment and could even order a new trial.
In justice court you have twenty-one days to file your appeal to the district court. It is important to make sure you are applying the correct appeal time for your type of case and calculating it correctly. Missing your appeal deadline will likely result in your appeal being dismissed.
To appeal a Justice Court decision, you should follow the following steps:
Step 1: Determine if you can file an appeal; know your deadlines
Step 2: File a Notice of Appeal and post any required cost bond
Step 3: Serve the Notice of Appeal
Step 4: Decide whether you wish to stay execution of the judgment
Step 5: File a brief if required
An in-depth discussion of appeals is beyond this website’s scope. This page provides only a general overview. Appeals are complex and are always best handled by an attorney. If you are proceeding on your own, make certain you know all the rules you have to comply with for your appeal.
Step 1: Determine if you can file an appeal; know your deadlines
Not every court order can be appealed. Rule 72A of the Justice Court Rules of Civil Procedure (JCRCP) states that these judgments and orders are subject to appeal:
- A final judgment entered by the Justice Court;
- An order granting or denying a motion for new trial;
- An order dissolving or refusing to dissolve an attachment;
- An order changing or denying a change in the place where the trial is to happen (the appeal must be filed within 30 days of that decision).
If you are able to appeal the decision of the court, you have twenty-one (21) days after the date you were served a written notice indicating that the court entered a judgment.
To locate the rules governing time to appeal, click to visit Rules and Laws.
Even though you may not be able to appeal a particular court order, there may be other avenues you can use to challenge the order. Talking to a lawyer about your case is the best way to evaluate your options. Click to visit Lawyers and Legal Help.
Step 2: File a notice of appeal and post any required cost bond
To appeal a Justice Court case, you will need to file a Notice of Appeal with the court that heard your case. You can find a Notice of Appeal form below.
NOTICE OF APPEAL TO DISTRICT COURT
When you file the Notice of Appeal you must pay a filing fee of $97 to the court clerk. If the court waived your filing fees in the case that you are appealing, the filing fee for the appeal will also be waived.
If you cannot afford the filing fee, you can file an Application to Proceed in Forma Pauperis (sometimes called a "fee waiver application"). Follow the links below to fill out online, or get a copy at the Self-Help Center in the Regional Justice Center.
JUSTICE COURT APPLICATION TO WAIVE FILING FEE
Las Vegas | Henderson | North Las Vegas
The Justice Court requires that you post a $250 bond with the Justice Court. (JCRCP 73.)
You may post a surety bond or a cash bond. A surety bond is a guarantee for payment that you can purchase from a bonding company. A cash bond is what it sounds like - you deposit $250 in cash with the court. The $250 cost bond cannot be waived with a fee waiver application.
Step 3: Serve the Notice of Appeal
When your Notice of Appeal is filed with Justice Court, it is file stamped by the court clerk. You will need to mail a file-stamped copy of your Notice of Appeal to the other party or their attorney. You can send by regular first-class mail. JCRCP 72(d)
Step 4: Decide whether you want to stay (pause) the enforcement of the judgment
Filing an appeal does not prevent the other side from collecting a judgment in their favor. In other words, after a short period (usually ten days after service of notice of entry of a judgment), the other side can try to execute the judgment and collect it by garnishing your wages or attaching your bank accounts.
A justice court judgment can be stayed by filing a supersedeas bond with the justice court clerk. (JCRCP 73A.) A supersedeas bond is a guarantee for payment that you can purchase from a bonding company. If you are appealing from a judgment that awarded money to the other side, you must file a bond in the entire amount of the judgment, plus costs and interest.
A Notice of Posting and Acceptance of Bond on Appeal form, which you should file with your bond, is available for free at the Self-Help Center, or by clicking the link below:
NOTICE OF POSTING AND ACCEPTANCE OF BOND ON APPEAL
To learn more about filing motions, click to visit Filing Motions to Resolve the Case or Narrow Issues.
Step 5:File a brief if necessary, track your case
In Justice Court cases, you may or may not be required to file briefs. If they are required, the District Court will send the parties a briefing schedule, instructing the parties to prepare briefs and giving them their deadlines.
If the court orders you to submit a brief, a form Appellate Brief is available, free of charge, at the Self-Help Center, or you can download it on your computer by clicking one of the formats underneath the form’s title below:
DISTRICT COURT APPELLATE BRIEF
