NRCP

Form 19 – Motion to Dismiss, Presenting Defense of Failure to State a Claim

Form 19. Motion to Dismiss, Presenting Defense of Failure to State a Claim

  • The defendant moves the court as follows:

    1. To dismiss the action because the complaint fails to state a claim against defendant upon which relief can be granted.
    Signed: _____________________________

    Attorney for Defendant
    Address: _____________________________
    Telephone: _____________________________

     

    Notice of Motion

    To: ____________________

    Attorney for Plaintiff

    Please take notice, that the undersigned will bring the above motion on for hearing before this Court at [specify name and location of court], on the [date set for hearing], at [time set for hearing] or as soon thereafter as counsel can be heard.

    Signed: ______________________________

    Attorney for Defendant
    Address: ______________________________
    Telephone: ______________________________

    NOTE—The above motion and notice of motion may be combined and denominated Notice of Motion. See Rule 7(b). A motion to quash and not a motion to dismiss must be used to raise defenses (2)-(4), Rule 12(b), to avoid making a general appearance.

    [As amended; effective January 1, 2005.]

  • Drafter’s Note 2004 Amendment

    The amendment to Form 19 is technical.