Common Types of Motions in a Nevada Personal Injury Case

What Is a Motion in Nevada Personal Injury Cases?

A motion brings a question in front of the judge for a decision. A pretrial motion set the rules for trial. In Nevada, these rules are set by the Nevada Rules of Civil Procedure (NRCP).

It may result in a rule about how the parties can gather evidence for the trial. A motion may even answer a question that’s so significant that it ends the case or coaxes the parties to reach a resolution to the case.

Nevada Motions Timeline and Deadlines

The NRCP has strict deadlines for pretrial motions. For a Nevada motion to dismiss, you will have 21 days from serving the other party to file.

For a summary judgement, you must serve the other party at least 21 days before the hearing, while a discovery motion under NRCP 37 must occur after the meet-and-confer.

Types of Pretrial Motions

There are many types of motions in a Nevada injury case.

Dispositive Motions (Case-Ending Requests)

The two main types of motions that could end a case are a motion to dismiss and a motion for summary disposition.

The other side might ask the court to throw out the case based on several different grounds. They might say that there’s no jurisdiction in the court where you filed the case. A lack of jurisdiction means that the court doesn’t hear those types of cases or that you brought the case to the wrong court location.

The defense might also bring a motion to dismiss by claiming that you didn’t properly give them notice of the case. That’s called a lack of service. They might also bring a motion to dismiss by claiming that your complaint for recovery didn’t state that you’ve been wronged in a way that the defendant is legally responsible for.

That’s called a motion to dismiss for failure to state a claim. You must file this motion within 21 days of service. If the motion is granted without prejudice, it’s possible for the plaintiff to refile. If it’s granted with prejudice, the case cannot be brought forward again.

A motion for summary disposition asks the court to decide the case immediately. When a party brings a motion for summary disposition, they’re telling the court that the other side doesn’t disagree with them about any relevant facts in the case.

The party who files the motion believes that the law is on their side, and they deserve to win the case without digging any deeper into the facts of the case.

Rule 56 of the Nevada Rules of Civil Procedure gives the rules for filing a motion for summary disposition. The hearing must occur after 21 days of notice.

Motion Regarding Discovery

When you bring a claim for recovery, both sides have the chance to build their case by gathering evidence. Gathering evidence that’s under the control of the other side is called discovery. As you go through the discovery process, you might disagree with the other side about what evidence you have to produce and what evidence they have to deliver.

If you ask the court to step in and resolve the disagreement, you bring a motion regarding discovery. A motion regarding discovery can also be called a motion to compel, a motion to quash, or a motion for a protective order.

Rule 37 of the NRCP states how and when this motion must be filed.

Motion To Compel

Per NRCP 37(a), a motion to compel can be filed if a party does not respond to document requests, interrogatories, or depositions. To file this motion, you must prove that you attempted a meet-and-confer.

Service and Default Motions 

If the other side is hiding so you can’t serve the paperwork, or if they’re just hard to find, you can bring a motion for alternative service. Alternative service is a way to let the other side know that there’s a case against them, without having to serve them personally.

The court may ask you to post a notice at the courthouse, in a newspaper, or they may even tell you to send a social media message. You have to get the court’s approval before you can use an alternative service.

When the defense doesn’t file a formal response to your initial complaint, you can file a motion for default judgment. Winning a motion for default judgment means that you win your case because the other side has chosen not to participate.

If you win a motion for default judgment, the court rules in your favor, and you proceed to enter a judgment and begin the collection process.

Motion To Limit Evidence

As a trial begins, the court must decide what evidence to allow the jury to hear. There are rules that govern what evidence the jury can consider at trial.

You may want to ask the court to admit or exclude specific pieces of evidence before the trial. That way, you can prepare your case by knowing what’s allowed for evidence. A motion regarding evidence may also be called a motion in limine or a motion to exclude evidence.

A Nevada motion in limine seeks to exclude irrelevant or prejudicial evidence before trial.

How Adam S. Kutner Handles Motions in Your Case

Because a pretrial motion can impact the outcome of the case, it’s critical to work with an experienced injury attorney at all stages of the case. An experienced attorney knows how to draft your initial pleadings in a way that ensures they contain the necessary statements and claims for relief.

Contact us to schedule a free consultation.

An experienced Nevada personal injury lawyer can help you identify critical pretrial motions, prepare, and file them. They can also help you respond to motions that the other side presents. If you’re considering filing a personal injury claim or if you’ve already begun a claim, don’t take the chance of pretrial motions getting in the way of recovering the compensation you need to get back to normal.