Removal Appeals

Removal Appeals

If either the owner or the occupant believes that the justice court made an error in granting or denying a removal, either party can "appeal" the justice court's decision (in other words, ask a higher court to review and reverse the decision of the justice court). An owner or an occupant has only ten "judicial days" (which do not include weekends and legal holidays) from the date the removal order or judgment is "entered" (filed with the court) to file the necessary documents with the court.

As an example, if an occupant files a Verified Complaint for Reentry and loses at trial, the occupant can file an appeal within 10 days after the order denying his/her reentry. If a judge decides to remove an occupant, the occupant can appeal 10 days after the order of removal. On the other side, the owner can appeal 10 days after a judge grants reentry or denies removal.

CAUTION! If you want to stop the removal, you must file your appeal before you are removed from the property. Once you are removed and the constable locks you out, there is no way to get more time on the property.

To appeal, the owner or occupant must typically take the following steps (note that the person who files the appeal is called the "appellant" and the person responding to the appeal is called the "respondent"):

  1. File a Notice of Appeal (JCRCP 72(a)). The notice must specify the party taking the appeal, the judgment or order appealed from, and the name of the court to which the appeal is taken. (JCRCP 72(c)). The notice must be mailed to the opposing party. (JCRCP 72(d)).
  2. File a Statement of the Evidence or Proceedings. (JCRCP 74(c)). This statement must describe what occurred at the removal hearing and the evidence and arguments that were presented to the justice court. (JCRCP 74(c)). If the proceedings were recorded by a court reporter or electronic recording equipment, the party appealing must order a transcript of the proceedings and provide a copy to all parties instead of filing the statement of evidence. (JCRCP 74(a)-(b)).
  3. File a Statement of Points on Appeal. (JCRCP 74(d)). This statement must be filed only if the justice court did not prepare findings of fact and conclusions of law. This statement must include the facts of the appeal and a general statement of why appellate relief is sought (for example, the court's decision is not supported by substantial evidence, the court's decision was clearly erroneous, and the like). (JCRCP 74(d)). 
  4. Pay a $97.00 filing fee. If an order waiving the appealing party's filing fees has already been granted in the removal or forcible entry or detainer case, no additional filing fee will be required for the appeal. If no fee waiver has been granted and the appealing party cannot afford the filing fee, the appealing party can prepare and submit an Application to Proceed in Forma Pauperis, which, if approved, will waive the filing fee requirement. An Application to Proceed in Forma Pauperis (often called a "fee waiver") is available, free of charge, at the Civil Law Self-Help Center or can be downloaded by clicking one of the listed formats underneat the form's title below:

APPLICATION TO PROCEED IN FORMA PAUPERIS (FEE WAIVER)

PDF fillable PDF nonfillable

In a removal action, the removal order will be "stayed" (paused) only if the lockout has not yet happened, and if a cost bond in the amount of $250.00 is filed with the justice court to cover the expected costs on appeal. NRS 40.385(1). Unlike the $97.00 filing fee, the $250.00 bond cannot be waived with an Application to Proceed in Forma Pauperis.