Motion To Strike Without Prejudice In Nevada
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Unlike some states, Nevada is an “employment at will” state. This means that an employer can fire whoever they want, when they want, for whatever reason they want, with limited exceptions, as long as it is not for a discriminatory purpose.
Rule 4.2(a)(2) specifies that a summons and complaint may not be delivered to a person of suitable age and discretion who resides with the individual being served if the person is a party to the litigation adverse to the individual being served.
NRS 52.245 allows duplicates to be admitted and NRS 52.255 provides for the admissibility of other evidence of contents. The best evidence rule requires production of an original document where the actual contents of that document are at issue and sought to be proved.
(6)Dismissal With Prejudice. A dismissal under Rule 41(e) is a bar to another action upon the same claim for relief against the same defendants unless the court provides otherwise in its order dismissing the action.
In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.
Whereas a case that is dismissed “with prejudice” is dismissed permanently, a case that is dismissed “without prejudice” is only dismissed temporarily. This temporary dismissal means that the plaintiff is allowed to re-file charges, alter the claim, or bring the case to another court.
The summons and complaint must be served upon a defendant no later than 120 days after the complaint is filed, unless the court grants an extension of time under this rule.
During a jury trial, if a motion to strike witness testimony is granted, the jury is typically instructed to disregard the stricken statements.
The first lines of your motion should state your name and role in the case, and what you are asking the judge to do. Traditionally, the first line begins "Comes now the defendant," followed by your name. Then you state that you're asking the court to dismiss the plaintiff's complaint.
If you see a potential for a motion to dismiss, this is an opportunity to inform the client how much legal expertise is necessary for such a filing. In other words, they will be facing a daunting challenge trying to represent themselves and will likely need an attorney more than ever.
