Motion to Dismiss - Nevada

DISTRICT COURT — [________] JUDICIAL DISTRICT, [________] COUNTY, NEVADA

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

Case No. [________]
Department No. [________]

DEFENDANT'S MOTION TO DISMISS AND MEMORANDUM OF POINTS AND AUTHORITIES

Defendant [________] moves under NRCP 12(b)([selected subsection]) to dismiss [identify complaint or particular claims]. A Rule 12(b) motion asserting a listed defense must be made before pleading if a responsive pleading is allowed. Select only supported grounds.

Grounds

☐ NRCP 12(b)(1) — lack of subject matter jurisdiction: [explain the jurisdictional limit].

☐ NRCP 12(b)(2) — lack of personal jurisdiction: [identify defendant, relevant contacts, and controlling law].

☐ NRCP 12(b)(3) — insufficient process: [describe the defect in the summons or other process].

☐ NRCP 12(b)(4) — insufficient service of process: [describe service and the governing requirement].

☐ NRCP 12(b)(5) — failure to state a claim upon which relief can be granted: [identify each challenged claim and missing legal element under current Nevada authority].

☐ NRCP 12(b)(6) — failure to join a person under Rule 19: [identify the person and explain why Rule 19(a) requires joinder]. If joinder is feasible, request an order joining the person under Rule 19(a)(2). If joinder is infeasible, address the Rule 19(b) factors before requesting dismissal.

Improper venue is not listed in NRCP 12(b). Analyze any venue objection as a separate request under current Nevada law.

Record and timing

1. Plaintiff filed [identify complaint] on [date].
2. Defendant was served on [date] by [method]. The ordinary answer period is 21 days after service of the summons and complaint, subject to Rule 12(a)'s other periods and any applicable statute.
3. This motion is served on [date] before [responsive pleading, if allowed].
4. [Identify relevant scheduling dates, earlier motions, and materials submitted.]

Memorandum

Introduction and standard

[Describe the selected ground and cite current Nevada authority establishing the legal test for that claim or defense. Do not use a federal pleading standard without checking Nevada law.]

Argument

Ground [subsection] — [heading]. [Apply the governing authority to specific pleaded allegations, service facts, or other permissible record material. Explain the requested remedy. Repeat for each selected ground.]

If material outside the pleadings is submitted on a Rule 12(b)(5) motion and the Court does not exclude it, NRCP 12(d) requires summary judgment treatment and a reasonable opportunity for all parties to present pertinent material. [State whether this motion presents that issue.]

Requested relief

Defendant asks the Court to [dismiss identified claims / order joinder / state another supported remedy] [with / without] prejudice only as supported by the ground and controlling authority. Fees and costs are requested only if [identify specific statute, rule, or contract and the facts supporting it].

☐ Defendant requests oral argument if available under the assigned court's rules. NRCP 78(b) permits a court to determine motions on briefs without an oral hearing.

Dated: [________]
Respectfully submitted,

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

Personal information affirmation — include if required by the filing court

I affirm that this document does not contain personal information about any person. [If such information is legally required, identify the specific law, public program, or grant requiring it and follow court instructions.] See NRS 239B.030(6).

[Signature]

Certificate of service

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

[Signature]

Accompanying proposed order

DISTRICT COURT — [________] JUDICIAL DISTRICT, [________] COUNTY, NEVADA
[Plaintiff] v. [Defendant], Case No. [________], Department [________]

PROPOSED ORDER ON DEFENDANT'S MOTION TO DISMISS

Upon consideration of the motion, any response or reply, and the record, the Court ORDERS that the motion is [granted / granted in part / denied]. [Identify each ground decided, affected claim and party, any required joinder, and any leave to amend.] [State with or without prejudice only as the Court determines.] [Include fees or costs only on a stated legal basis.]

Dated: [________]
____________________________
District Judge

Supplemental hearing notice — use only if a hearing has been set

To: [all recipients]
Defendant's Motion to Dismiss has been set for hearing on [court-set date] at [time], [location or remote instructions]. This notice communicates the assigned hearing; it does not set one.

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

Filing checks

• NRCP 12(g)(2) restricts a later Rule 12 motion asserting an available defense omitted from an earlier Rule 12 motion. NRCP 12(h) states which defenses are waived or preserved.
• If the Court denies this motion or postpones disposition until trial, NRCP 12(a)(3)(A) ordinarily requires the responsive pleading within 14 days after notice of the Court's action, unless the Court sets another time.
• On a Rule 19 objection, the Court orders joinder when feasible. Rule 19(b) requires an equity and good conscience analysis when joinder is infeasible.