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[// TEMPLATE: NEVADA STATE COURT – MOTION TO DISMISS ]
[// Jurisdiction: State of Nevada (District Court) ]
[// Governing Procedural Law: Nevada Rules of Civil Procedure ]
[// Version Date: [INSERT DATE] ]
[//***********]

I. CAPTION & DOCUMENT HEADER

[ATTORNEY NAME] (Nev. Bar No. [BAR NO.])
[LAW FIRM NAME]
[STREET ADDRESS]
[CITY, STATE ZIP]
Telephone: ([ ]) [PHONE]
Facsimile: ([ ]) [FAX]
E-Mail: [EMAIL]

Attorney for [Defendant/Movant] [DEFENDANT NAME]

DISTRICT COURT
[ ] JUDICIAL DISTRICT
STATE OF NEVADA
[COUNTY] COUNTY

MOTION TO DISMISS COMPLAINT

(Pursuant to NRCP 12(b)([1/2/3/4/5/6/7]—[SELECT ALL THAT APPLY]))

[OPTIONAL] Hearing Requested: YES / NO
[Requested Hearing Date & Time: ___]

AFFIRMATION (NRS 239B.030): This pleading does not contain the social security number of any person.

TABLE OF CONTENTS

1. Introduction ...................................................... [TOC-1]
2. Statement of Relevant Facts ...................................... [TOC-2]
3. Applicable Legal Standard ........................................ [TOC-3]
4. Argument ......................................................... [TOC-4]
   4.1 Lack of Subject-Matter Jurisdiction (NRCP 12(b)(1)) .......... [TOC-4.1]
   4.2 Lack of Personal Jurisdiction (NRCP 12(b)(2)) ................ [TOC-4.2]
   4.3 Improper Venue (NRCP 12(b)(3)) ............................... [TOC-4.3]
   4.4 Insufficient Process or Service (NRCP 12(b)(4)–(5)) ......... [TOC-4.4]
   4.5 Failure to State a Claim (NRCP 12(b)(5)) ..................... [TOC-4.5]
   4.6 Failure to Join Indispensable Party (NRCP 12(b)(6)) ......... [TOC-4.6]
5. Request for Dismissal & Relief Sought ............................ [TOC-5]
6. Oral Argument Statement .......................................... [TOC-6]
7. Conclusion ....................................................... [TOC-7]
8. Certificate of Service .......................................... [TOC-8]
9. Proposed Order ................................................... [TOC-9]

[// GUIDANCE: Update page numbers once final brief is complete or use auto-generated TOC in word-processing software.]

II. INTRODUCTION

Defendant [DEFENDANT NAME] (“Movant”), by and through undersigned counsel, respectfully moves this Court for an order dismissing the Complaint filed by [PLAINTIFF NAME] (“Plaintiff”) pursuant to Nevada Rule of Civil Procedure (“NRCP”) 12(b). As set forth below, the Complaint is legally and factually deficient and must be dismissed with prejudice.

III. STATEMENT OF RELEVANT FACTS

[// GUIDANCE: Present only those facts necessary to illuminate each ground for dismissal. Use record citations if exhibits, affidavits, or judicially noticeable materials are included.]

1. On [DATE], Plaintiff filed its Complaint asserting claims for [LIST CLAIMS].
2. Plaintiff alleges [SUMMARIZE KEY ALLEGATIONS].
3. [Insert additional background as needed. Ensure factual assertions are strictly supported by the pleadings, matters of public record, or materials that may be considered under NRCP 12(b).]

IV. APPLICABLE LEGAL STANDARD

A motion to dismiss under NRCP 12(b) tests the legal sufficiency of the pleadings. The Court must accept well-pleaded factual allegations as true, but mere legal conclusions or unwarranted deductions of fact are not accorded the presumption of truth. See NRCP 12(b); NRCP 8(a). Dismissal is appropriate when it appears beyond doubt that the plaintiff can prove no set of facts that would entitle it to relief.

V. ARGUMENT

[// GUIDANCE: Include only those subsections relevant to your grounds for dismissal. Remove unused sections to streamline the motion.]

4.1 Lack of Subject-Matter Jurisdiction (NRCP 12(b)(1))

[Explain why the court lacks jurisdiction—e.g., exclusive federal jurisdiction, statutory bar, amount-in-controversy deficiency, probate/juvenile court exclusivity, etc.]

4.2 Lack of Personal Jurisdiction (NRCP 12(b)(2))

[Demonstrate absence of general or specific jurisdiction under Nevada’s long-arm statute and Due Process.]

4.3 Improper Venue (NRCP 12(b)(3))

[Identify statutory venue provisions and show why venue is improper.]

4.4 Insufficient Process or Service (NRCP 12(b)(4)–(5))

[Detail defects in summons or service and attach supporting declaration if required.]

4.5 Failure to State a Claim Upon Which Relief Can Be Granted (NRCP 12(b)(5))

1. [Claim 1] Fails to Allege Essential Elements
   • Element 1 – [Missing/Conclusory].
   • Element 2 – [Missing/Conclusory].
2. Preemption / Statutory Bar
3. Pleading Deficiencies Under NRCP 8(a)
   [Provide specific legal authority, compare allegations to elements, and request dismissal with prejudice if amendment would be futile.]

4.6 Failure to Join Indispensable Party (NRCP 12(b)(6))

[Identify absent party, show why joinder is required under NRCP 19, and why dismissal is warranted.]

VI. REQUEST FOR DISMISSAL & RELIEF SOUGHT

For the foregoing reasons, Defendant respectfully requests that the Court:
1. Grant this Motion and dismiss Plaintiff’s Complaint in its entirety with prejudice;
2. Alternatively, dismiss each claim identified herein as insufficient;
3. Award Defendant its reasonable attorneys’ fees and costs pursuant to [STATUTORY/CONTRACTUAL BASIS OR “the Court’s inherent authority”]; and
4. Grant such other and further relief as the Court deems just and proper.

VII. ORAL ARGUMENT STATEMENT

Pursuant to [LOCAL RULE CITATION] and NRCP 78, Defendant submits that oral argument is [not necessary / requested] because the issues have been thoroughly briefed. Should the Court desire argument, counsel is available at the Court’s convenience.

VIII. CONCLUSION

Dismissal is required under the Nevada Rules of Civil Procedure and controlling authority. Accordingly, the Court should grant Defendant’s Motion to Dismiss for the reasons stated above.

Respectfully submitted this ___ day of ____, 20__.

[ATTORNEY NAME] (Nev. Bar No. [BAR NO.])
[LAW FIRM NAME]
Attorney for Defendant [DEFENDANT NAME]

IX. CERTIFICATE OF SERVICE

I certify that on the ___ day of ____, 20__, I caused the foregoing Motion to Dismiss to be served upon all counsel of record by:

☐ Nevada E-Filing System (EFlex)
☐ Hand Delivery
☐ U.S. Mail, postage prepaid
☐ Other: [SPECIFY]

[NAME], An employee of [LAW FIRM]

X. [PROPOSED] ORDER

DISTRICT COURT
[ ] JUDICIAL DISTRICT
STATE OF NEVADA
[COUNTY] COUNTY

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

The Court, having considered Defendant’s Motion to Dismiss, any opposition and reply papers, the arguments of counsel (if any), and good cause appearing,

IT IS HEREBY ORDERED that Defendant’s Motion to Dismiss is GRANTED.
[SELECT ONE]
☐ The Complaint is dismissed with prejudice.
☐ The following causes of action are dismissed with prejudice: _______.
☐ Plaintiff is granted leave to amend consistent with this Order and NRCP 15(a) within ___ days.

IT IS FURTHER ORDERED that Defendant is awarded its attorneys’ fees and costs in the amount of $____, to be paid within ___ days of notice of entry of this Order.

DATED this ___ day of ____, 20__.

DISTRICT COURT JUDGE

Respectfully Submitted By:

[ATTORNEY NAME]
Counsel for Defendant

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Key Nevada-Specific Notes
1. Motion Standards: This template tracks NRCP 12(b) and incorporates the Nevada pleading standard (NRCP 8(a)).
2. Briefing Schedules: Replace “[LOCAL RULE CITATION]” with the applicable district court rule (e.g., EDCR 2.20(b): 10 judicial-day opposition / 3 judicial-day reply) or NRCP-based timeframe (14 days) for non-Clark County districts.
3. Oral Argument Rules: NRCP 78 and most Nevada local rules vest discretion in the court to set oral argument. The template’s Section VII satisfies the requirement to state whether argument is requested.

[// GUIDANCE: Always verify the latest NRCP and local-rule time limits before filing. Insert pinpoint legal authorities for each argument, attach any affidavits or exhibits necessary for jurisdictional challenges, and be sure to complete the NRS 239B.030 affirmation on the first page of every filed document.]