Nevada Revised Statutes
Nev. Rev. Stat. § 189.065 (2026)
Dismissal for failure to set or reset appeal for hearing
✓ current as of July 2026
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NRS 189.065 Dismissal for failure to set or reset appeal for hearing.
1. An appeal must be dismissed by the district court unless perfected by application of the defendant, within 60 days after the appeal is filed in the justice court, by having it set for hearing.
2. If an appeal has been set for hearing and the hearing is vacated at the request of the appellant, the appeal must be dismissed unless application is made by the appellant to reset the hearing within 60 days after the date on which the hearing was vacated.
(Added to NRS by 1965, 376; A 1985, 57, 972)
Notes of Decisions
Cited in 6
cases, 1977–2016 · leading case: Thompson v. First Jud. Dist. Court, 683 P.2d 17 (Nev. 1984).
Thompson v. First Jud. Dist. Court, 683 P.2d 17 (Nev. 1984). “The state responded by moving to dismiss petitioner’s appeal on the ground that it was untimely under NRS 189.065. The district court agreed and ordered petitioner’s appeal dismissed.”
Plankinton v. Fifth Jud. Dist. Court, 572 P.2d 525 (Nev. 1977). “The district court dismissed the appeal on the authority of NRS 189.065, which provides: “An appeal shall be dismissed by the district court unless perfected by application of the defendant, within 60 days after the appeal is filed in the justice’s court, by having it set for…”
State v. O'Donnell, 646 P.2d 1217 (Nev. 1982). “, NRAP 12(c); NRS 189.065. We have found no case or statutory authority to support the reasoning of the district judge that the prosecutor’s office had the responsibility to see that the record on Bowen’s appeal was timely filed with the district court.”
Thompson v. First Jud. Dist. Ct., Storey Cty., 683 P.2d 17 (Nev. 1984). “The state responded by moving to dismiss petitioner's appeal on the ground that it was untimely under NRS 189.065. The district court agreed and ordered petitioner's appeal dismissed.”
Solano (Roberto) v. Dist. Ct. (The City of Las Vegas) (Nev. 2016). “060; NRS 189.065; State v. Eighth Judicial Dist.”
Ediga (Michael) v. Dist. Ct. (The City of Las Vegas) (Nev. 2015). “060; NRS 189.065; therefore, a writ of prohibition is inappropriate.”
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