Motion to Dismiss - Nebraska

IN THE DISTRICT COURT OF [________] COUNTY, NEBRASKA

[Plaintiff], Plaintiff
v.
[Defendant], Defendant

Case No. [________]

DEFENDANT'S MOTION TO DISMISS AND SUPPORTING MEMORANDUM

Defendant [________] moves under Neb. Ct. R. Pldg. § 6-1112(b)([selected subsection]) for [identify relief regarding the petition, counts, or parties]. Select and support only grounds that apply. A Rule 6-1112(b) motion raising these defenses must be made before pleading if a responsive pleading is allowed.

Grounds

☐ (b)(1) Lack of subject matter jurisdiction. [Identify the jurisdictional defect.]

☐ (b)(2) Lack of personal jurisdiction. [Identify the defendant, the alleged contacts, and the applicable legal basis.]

☐ (b)(3) Another action pending with the same subject matter and parties. [Identify that action and explain the overlap. Request dismissal, a stay, or another supported order under § 6-1112(h)(3).]

☐ (b)(4) Insufficient process. [Identify the defect in the process.]

☐ (b)(5) Insufficient service of process. [Identify how service was attempted and the governing requirement.]

☐ (b)(6) Failure to state a claim upon which relief can be granted. [Identify the claim and the missing element under current Nebraska authority.]

☐ (b)(7) Failure to join a required party. [Identify the person and explain why joinder is required.]

Improper venue is not among the listed § 6-1112(b) grounds. Analyze venue separately under current law if it is in dispute.

Relevant record

1. Plaintiff filed [identify petition] on [date].
2. Defendant was served on [date] by [method].
3. The answer is due [date and basis]. Rule 6-1112(a)(1)(A) gives a defendant 30 days after service of the summons and complaint or completion of service by publication, unless the rule specifies another time.
4. This motion is served on [date], before [responsive pleading, if one is allowed].
5. [Identify any scheduling order, earlier motions, and facts relevant to the selected grounds.]

Memorandum of law

Introduction and standard

[Explain the selected ground, the requested remedy, and the controlling current authority for the particular claim or defense. Rule 6-1112(b) supplies the procedural ground; the merits of a specific claim may require additional law.]

Argument

Ground [subsection] — [heading]. [Apply the governing law to cited allegations or evidence and explain the specific relief sought. Repeat for each selected ground.]

For a (b)(6) motion, if matters outside the pleadings are presented and the court does not exclude them, § 6-1112(d) requires treating the motion as one for summary judgment and giving all parties a reasonable opportunity to present pertinent material. [State whether any attached material raises that issue.]

Relief requested

Defendant requests that the Court [dismiss specified claims / stay the action / order other case-specific relief] [with / without] prejudice only if the selected ground and controlling law support that disposition. A pending-action defense may warrant a stay or other order under § 6-1112(h)(3). Do not request fees or costs without identifying a legal basis.

☐ Defendant requests a pretrial decision on the selected defense under § 6-1112(i), subject to the Court's ability to defer it until trial. [If oral argument is requested, follow the court's hearing and local-rule procedure.]

Dated: [________]
Respectfully submitted,

[Signature]
[Name and Nebraska Bar number, or self-represented party]
[Address]
[Telephone]
[Email]
[Counsel for Defendant / self-represented Defendant]

Certificate of service

I certify that on [date] I served this motion, memorandum, and accompanying documents on [each other party or attorney] by [method and address].

[Signature]

Accompanying proposed order

IN THE DISTRICT COURT OF [________] COUNTY, NEBRASKA
[Plaintiff] v. [Defendant], Case No. [________]

PROPOSED ORDER ON DEFENDANT'S MOTION TO DISMISS

Upon consideration of the motion, response, and record, the Court ORDERS that the motion is [granted / granted in part / denied]. [Identify the ground decided and each affected claim or party.] [Specify whether any dismissal is with or without prejudice, a stay is imposed, or further pleading is permitted, as the Court determines.]

Dated: [________]
____________________________
District Judge

Supplemental hearing notice — use only after a hearing is set

To: [recipients]
The Court has set Defendant's Motion to Dismiss for [date and time] at [location or remote details]. This notice communicates the assigned setting; it does not set a hearing. [Include any court-ordered response instructions.]

Served on [date] by [method] on [recipients].
[Signature]

Filing checks

• Rule 6-1112(g)(2) restricts a second Rule 6-1112 motion raising an available defense omitted from the first. Rule 6-1112(h)(1) addresses waiver of personal-jurisdiction, process, and service defenses.
• If the Court denies this motion or postpones disposition until trial, Rule 6-1112(a)(2)(A) ordinarily gives 21 days after notice of the Court's action to serve a responsive pleading, unless the Court sets another time.
• Rule 6-1112(i) provides a pretrial decision on a defense under (b)(1) through (7) if a party moves for one, unless the Court defers decision until trial. Follow the assigned court's procedures for setting argument.