A motion to dismiss is a formal request (usually in a written motion) asking the court to dismiss a lawsuit or case for one of the reasons described in the relevant state or federal rule of civil procedure.
A motion to dismiss is usually filed in the early stages of the litigation and may be required before the party files any other pleading. Some of the common bases on which a case may be dismissed by the court include: (1) statute of limitations expired; (2) lack of subject-matter jurisdiction; (3) lack of personal jurisdiction; (4) improper venue; (5) insufficient process; (6) insufficient service of process; (7) failure to state a claim upon which relief can be granted; and (8) failure to join a party.
In Nevada, a motion to dismiss is governed by the Nevada Rules of Civil Procedure (NRCP). An attorney may file a motion to dismiss on behalf of their client for various reasons, such as those listed in NRCP 12(b). These reasons include the expiration of the statute of limitations, lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficient process, insufficient service of process, failure to state a claim upon which relief can be granted, and failure to join a necessary party. This motion is typically filed after the complaint but before the filing of an answer or other responsive pleading. If the court grants the motion to dismiss, the case is terminated at that stage. However, depending on the grounds for dismissal, the plaintiff may be able to correct the deficiencies in their case and refile. For instance, if a case is dismissed for insufficient service of process, the plaintiff may be able to serve the defendant properly and proceed with the case.