Nevada General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion

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Multi-State
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US-01058BG
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Description

A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. Generally, where there is a procedural defect in a proceeding, a motion is an appropriate remedy. However, it is usually used to obtain relief not available through other pleadings. An order is a direction by a judge or court that certain actions should or should not be performed, and is usually, although not always, made in response to a party's motion.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.

General format - each motion generally consists of a case caption, a title that briefly identifies the relief sought, a series of numbered paragraphs that explains -- in a logical way -- why you are entitled to that relief, a prayer for relief, a signature block, a certification that a copy of the motion was sent to ...

FILING AND SERVING YOUR MOTION PAPERS File the Motion. Deliver or mail the motion and any exhibits to the Clerk's Office at the courthouse where the judge for yow-case is located. Serve the Motion. Be sure the motion and exhibits are served on each party.

"I move that debate be limited to one speech of two minutes for each member" or "I move that the speaker's time be extended three minutes." d. Postpone to a certain time: Defers consideration to a definite day, meeting, or hour, or until after some particular event.

We can define motion as the change of position of an object with respect to time. A book falling off a table, water flowing from the tap, rattling windows, etc., all exhibit motion. Even the air that we breathe exhibits motion!

Title your motion and identify yourself in the introduction. Then, say what you want the court to do and state the facts that back up your request. Write your legal argument by stating the rule and explaining how your facts apply to it. Then, add your signature, a Certificate of Service, and a Notice of Hearing.

Be as persuasive as possible as you write your motion in a sequential, logical format. Express your ideas clearly, and make sure you outline what steps are necessary and how they will help your case. Use facts of the case whenever you can to avoid baseless emotional appeals.

If a plaintiff who previously dismissed an action in any court files an action based on or including the same claim against the same defendant, the court: (1) may order the plaintiff to pay all or part of the costs of that previous action; and (2) may stay the proceedings until the plaintiff has complied.

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Nevada General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion