Motion To Strike And Demurrer In Nevada

State:
Multi-State
Control #:
US-00004BG-I
Format:
Word; 
PDF; 
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Description

The Motion to Strike and Demurrer in Nevada are critical legal tools designed to challenge the validity of claims or defenses presented in court. This legal form allows attorneys to request the court to strike certain parts of pleadings that are deemed irrelevant or legally insufficient. The demurrer specifically addresses the lack of sufficient legal grounds in a complaint, thereby providing an opportunity to dismiss cases that do not meet essential legal standards. Completing this form entails providing detailed reasonings for the motion, referencing specific statutes or case law as applicable. Attorneys, partners, owners, associates, paralegals, and legal assistants can greatly benefit from mastering this form, as it streamlines the process of evaluating opposing claims and enhances case management efficiency. Proper filing usually requires adherence to local court rules and timely submission within designated deadlines. The use cases for this form include legal defense strategies, pre-trial motions, and situations where critical evidence or arguments need to be legally challenged. Understanding the nuances of this form can significantly impact the outcome of litigation and should be part of every legal professional's toolkit.
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FAQ

Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions (a) Signature. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name-or by a party personally if the party is unrepresented.

Rule 56 - Summary Judgment (a)Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense-or the part of each claim or defense-on which summary judgment is sought.

Rule 7.20 - Form of papers presented for filing; exhibits; documents; legal citations (a) All pleadings and papers presented for filing must be flat, unfolded, firmly bound together at the top, on white paper of standard quality, not less than 16-lb. weight and 8.5 x 11 inches in size.

7. A civil court record or any portion of it that was sealed in the trial court shall be made available to the Nevada Supreme Court in the event of an appeal. Court records sealed in the trial court shall be sealed from public access in the Nevada Supreme Court subject to further order of that court.

A motion requesting a rehearing or reconsideration may be based only on one of the following grounds: (a) Newly discovered or available evidence. (b) Error in the hearing or in the findings and recommendations or the decision that would be grounds for reversal of the findings and recommendations or the decision.

Nevada's WARN Act ensures protection for workers facing layoffs or plant closures. Employers in Nevada are mandated to provide advance notice to employees when aware of impending closures or layoffs. This notice serves to offer employees adequate time to explore alternative employment options.

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.

Rule 60 - Relief From a Judgment or Order (a)Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record.

A notice of motion to strike must be given within the time allowed to plead, and if a demurrer is interposed, concurrently therewith, and must be noticed for hearing and heard at the same time as the demurrer.

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.

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Motion To Strike And Demurrer In Nevada