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NRCP Rule 12
RULE 12. DEFENSES AND
OBJECTIONS -- WHEN AND HOW PRESENTED -- BY PLEADING OR MOTION -- MOTION FOR JUDGMENT ON
PLEADINGS
(a) When Presented.
(1) A defendant shall serve an answer within 20 days
after being served with the summons and complaint, unless otherwise provided by
statute when service of process is made pursuant to Rule 4(e)(3).
(2) A party served with a pleading stating a
cross-claim against that party shall serve an answer thereto within 20 days
after being served. The plaintiff shall serve a reply to a counterclaim in the
answer within 20 days after service of the answer or, if a reply is ordered by
the court, within 20 days after service of the order, unless the order
otherwise directs.
(3) The State of Nevada or any political subdivision
thereof, and any officer, employee, board or commission member of the State of
Nevada or political subdivision, and any state legislator shall file an answer
or other responsive pleading within 45 days after their respective dates of
service.
(4) The service of a motion permitted under this rule
alters these periods of time as follows, unless a different time is fixed by
order of the court:
(A) if the court denies the motion or postpones its
disposition until the trial on the merits, a responsive pleading shall be
served within 10 days after notice of the court’s action;
(B) if the court grants a motion for a more definite
statement, a responsive pleading shall be served within 10 days after service
of the more definite statement.
(b) How Presented. Every defense, in law or
fact, to a claim for relief in any pleading, whether a claim, counterclaim,
cross-claim, or third-party claim, shall be asserted in the responsive pleading
thereto if one is required, except that the following defenses may at the
option of the pleader be made by motion: (1) lack of jurisdiction over the
subject matter, (2) lack of jurisdiction over the person, (3) insufficiency of
process, (4) insufficiency of service of process, (5) failure to state a claim
upon which relief can be granted, (6) failure to join a party under Rule 19. A
motion making any of these defenses shall be made before pleading if a further
pleading is permitted. No defense or objection is waived by being joined with
one or more other defenses or objections in a responsive pleading or motion. If
a pleading sets forth a claim for relief to which the adverse party is not
required to serve a responsive pleading, the adverse party may assert at the
trial any defense in law or fact to that claim for relief. If, on a motion asserting
the defense numbered (5) to dismiss for failure of the pleading to state a
claim upon which relief can be granted, matters outside the pleading are
presented to and not excluded by the court, the motion shall be treated as one
for summary judgment and disposed of as provided in Rule 56, and all parties
shall be given reasonable opportunity to present all material made pertinent to
such a motion by Rule 56.
(c) Motion for Judgment on the Pleadings. After
the pleadings are closed but within such time as not to delay the trial, any
party may move for judgment on the pleadings. If, on a motion for judgment on
the pleadings, matters outside the pleadings are presented to and not excluded
by the court, the motion shall be treated as one for summary judgment and
disposed of as provided in Rule 56, and all parties shall be given reasonable
opportunity to present all material made pertinent to such a motion by Rule 56.
(d) Preliminary Hearings. The defenses
specifically enumerated (1)-(6) in
subdivision (b) of this rule, whether made in a pleading or by motion, and the
motion for judgment mentioned in subdivision (c) of this rule shall be heard
and determined before trial on application of any party, unless the court
orders that the hearing and determination thereof be deferred until the trial.
(e) Motion for More Definite Statement. If a
pleading to which a responsive pleading is permitted is so vague or ambiguous
that a party cannot reasonably be required to frame a responsive pleading, the
party may move for a more definite statement before interposing a responsive
pleading. The motion shall point out the defects complained of and the details
desired. If the motion is granted and the order of the court is not obeyed
within 10 days after notice of the order or within such other time as the court
may fix, the court may strike the pleading to which the motion was directed or
make such order as it deems just.
(f) Motion to Strike. Upon motion made by a
party before responding to a pleading or, if no responsive pleading is
permitted by these rules, upon motion made by a party within 20 days after the
service of the pleading upon the party or upon the court’s own initiative at
any time, the court may order stricken from any pleading any insufficient
defense or any redundant, immaterial, impertinent, or scandalous matter.
(g) Consolidation of Defenses in Motion. A
party who makes a motion under this rule may join with it any other motions
herein provided for and then available to the party. If a party makes a motion
under this rule but omits therefrom any defense or objection then available to
the party which this rule permits to be raised by motion, the party shall not
thereafter make a motion based on the defense or objection so omitted, except a
motion as provided in subdivision (h)(2) hereof on any of the grounds there
stated.
(h) Waiver or Preservation of Certain Defenses.
(1) A defense of lack of jurisdiction over the person,
insufficiency of process, or insufficiency of service of process is waived (A)
if omitted from a motion in the circumstances described in subdivision (g), or
(B) if it is neither made by motion under this rule nor included in a
responsive pleading or an amendment thereof permitted by Rule 15(a) to be made
as a matter of course.
(2) A defense of failure to state a claim upon which
relief can be granted, a defense of failure to join a party indispensable under
Rule 19, and an objection of failure to state a legal defense to a claim may be
made in any pleading permitted or ordered under Rule 7(a), or by motion for
judgment on the pleadings, or at the trial on the merits.
(3) Whenever it appears by suggestion of the parties or
otherwise that the court lacks jurisdiction of the subject matter, the court
shall dismiss the action.
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*** Any rule can change at any time - This rule may have been amended ***
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