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Litigation

University of Nevada, Las Vegas -- William S. Boyd School of Law

Nevada Law Journal Forum

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Full-Text Articles in Law

Preserving Issues For Appeal In Nevada's Federal Courts, Micah Echols, Tom Stewart Mar 2021

Preserving Issues For Appeal In Nevada's Federal Courts, Micah Echols, Tom Stewart

Nevada Law Journal Forum

Attorneys in federal courts across the country, including in the District of Nevada, are aware of the age-old rule that, generally, new issues cannot be raised for the first time on appeal. The question then becomes, how are these issues properly raised, and preserved, in the district court so that they are preserved for an appeal before the United States Court of Appeals for the Ninth Circuit or, ultimately, the Supreme Court of the United States? This article provides guiding principles based upon federal case law and the Federal Rules of Civil Procedure to answer these questions on preserving error …


Preserving Issues For Appeal In The Nevada State District Courts Under Nevada's New 2019 Rules Of Civil Procedure, Micah Echols, Tom Stewart Feb 2021

Preserving Issues For Appeal In The Nevada State District Courts Under Nevada's New 2019 Rules Of Civil Procedure, Micah Echols, Tom Stewart

Nevada Law Journal Forum

Practicing attorneys are aware of the age-old rule of appellate practice that new issues cannot be raised for the first time on appeal. But, how are these issues properly raised, and preserved, in the district courts so that they are preserved for an appeal before the Nevada Court of Appeals or the Nevada Supreme Court? This article provides guiding principles based upon Nevada case law and the newly-revised 2019 Nevada Rules of Civil Procedure to answer these questions on preserving error for an appeal in Nevada’s state courts.