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A few questions - procedure

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mo42186

Member
What is the name of your state (only U.S. law)? Nevada

Hello. A few quick questions:

1) If a case is dismissed with prejudice in small claims, is it possible to refile in district court? I think you can appeal an adverse motion to dismiss (with prejudice) in district court, but what about starting over with a new complaint in district?

2) If there are 3 defendants in a case, and one of the party's attorneys files a motion to dismiss, do all parties have to show up, including the other defendants? What about if the attorney filed the motion to dismiss, then the plaintiff subsequently removes that filing defendant from the case? Is the hearing for motion to dismiss still alive?

3) When a party requests a motion to extend (e.g. delay the date of the motion to dismiss hearing), what's the general process that happens? Sending notice to all parties and the referee is required - but do they have to actively approve for the motion to be sustained? Or does any one party who says "No" kill the motion to extend?

Thanks!
 



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