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Nebraska Motion to Dismiss

In Nebraska you move to dismiss under Neb. Ct. R. Pldg. 6-1112(b) within the 30-day answer window.

Introduction

In Nebraska you challenge a complaint before answering by filing a motion to dismiss under Neb. Ct. R. Pldg. § 6-1112(b), part of the Nebraska Court Rules of Pleading in Civil Cases that adopted notice pleading and track federal Rule 12(b). The most common ground is § 6-1112(b)(6), failure to state a claim upon which relief can be granted. The rule enumerates seven grounds, not the federal eight, and renumbers them: pendency of another action involving the same subject matter and parties sits at ground (3), there is no separate improper-venue ground, and failure to state a claim is ground (6). The motion must be made before pleading if a responsive pleading is allowed, so it falls within the same window otherwise allowed for the answer: 30 calendar days after service of the summons and complaint, or after completion of service by publication, under § 6-1112(a)(1)(A). Filing the motion in lieu of answering replaces the 30-day answer obligation until the court rules. If the court denies the motion or postpones its disposition until trial, the answer must then be served within 21 days after notice of the court's action under § 6-1112(a). File in the County Court or District Court named in the summons, by amount in controversy. Missing the window risks default. DocDraft drafts a Nebraska-formatted motion to dismiss from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    Nebraska's vehicle is a motion to dismiss under Neb. Ct. R. Pldg. § 6-1112(b) (Defenses and objections; when and how presented), part of the Nebraska Court Rules of Pleading in Civil Cases that adopted notice pleading and closely track federal Rule 12(b), most commonly § 6-1112(b)(6) for failure to state a claim upon which relief can be granted.

  2. 2

    Section 6-1112(b) enumerates seven grounds, not the federal eight: (1) lack of subject matter jurisdiction, (2) lack of personal jurisdiction, (3) pendency of another action that involves the same subject matter and parties, (4) insufficient process, (5) insufficient service of process, (6) failure to state a claim upon which relief can be granted, and (7) failure to join a party under Neb. Rev. Stat. § 25-323. Nebraska places pendency of another action at ground (3) and has no separate improper-venue ground.

  3. 3

    The motion must be made before pleading if a responsive pleading is allowed, so it falls within the answer window: 30 calendar days after service of the summons and complaint, or after completion of service by publication, under § 6-1112(a)(1)(A). Filing the motion in lieu of answering replaces the 30-day answer obligation until the court rules.

  4. 4

    If the court denies the motion or postpones its disposition until trial, the responsive pleading (answer) must be served within 21 days after notice of the court's action under § 6-1112(a). The case then proceeds on the merits once the answer is filed.

  5. 5

    Nebraska has no statewide uniform rule requiring a meet-and-confer conference before filing a motion to dismiss. Individual district courts may adopt local rules on matters not covered by the uniform rules under § 6-1501, so a meet-and-confer practice in a particular judicial district cannot be ruled out; check the local rules of the court where your case is pending.

  6. 6

    The most common ground is § 6-1112(b)(6), failure to state a claim upon which relief can be granted, which tests the legal sufficiency of the complaint. The failure-to-join ground at (7) points to Neb. Rev. Stat. § 25-323.

  7. 7

    File in the County Court or District Court named in the summons. Effective July 1, 2025, the County Court has concurrent civil jurisdiction up to $70,000 and the District Court has jurisdiction over amounts above $70,000, so the amount in controversy determines which trial court hears your case.

Key Decisions

Choosing the Grounds for Dismissal

Timing and Strategy

Filing and Serving the Motion

Customize your Motion to Dismiss Template with DocDraft

IN THE ___________ COURT OF ___________ COUNTY, NEBRASKA

____________________________, Plaintiff, Case No. _____________________ v.

____________________________, Defendant.

DEFENDANT'S MOTION TO DISMISS UNDER NEB. CT. R. PLDG. § 6-1112(b)

Defendant, ____________________, by counsel (or pro se), and pursuant to Neb. Ct. R. Pldg. § 6-1112(b), moves this Court for an order dismissing Plaintiff's Complaint. This motion is made before pleading and within the time otherwise allowed for the answer under Neb. Ct. R. Pldg. § 6-1112(a)(1)(A). The grounds for this motion are set forth below.

GROUNDS FOR DISMISSAL

Defendant moves to dismiss on the following ground(s) enumerated in Neb. Ct. R. Pldg. § 6-1112(b):

____ (1) lack of subject matter jurisdiction; ____ (2) lack of personal jurisdiction; ____ (3) pendency of another action that involves the same subject matter and parties; ____ (4) insufficient process; ____ (5) insufficient service of process; ____ (6) failure to state a claim upon which relief can be granted; ____ (7) failure to join a party under Neb. Rev. Stat. § 25-323.

[State the specific facts and basis for each ground checked above.]

MEMORANDUM IN SUPPORT

[Set out the legal authorities and argument supporting dismissal. Note: no statewide uniform rule requires a supporting brief to accompany a motion to dismiss in Nebraska, and no statewide page limit was found. When a brief is filed, its form is governed by Neb. Ct. R. § 6-1505, which adopts the appellate brief form of Neb. Ct. R. App. P. § 2-103(A) and (C); paper briefs by non-attorneys follow § 2-103(C)(5), and citations to Nebraska cases must include the Nebraska Reports or Nebraska Appellate Reports and North Western Reporter. Whether a brief is required with the motion, along with any briefing deadline or page limit, is set by each district's local rules under § 6-1501; check those local rules and conform this memorandum accordingly.]

WHEREFORE, Defendant respectfully requests that this Court dismiss Plaintiff's Complaint and grant such other and further relief as the Court deems just and proper.

Respectfully submitted,

[Name] [Bar Number, if represented by counsel] [Address] [Telephone] / [Email] Defendant / Counsel for Defendant

[If your court's local rules require a proposed order, submit it as a separate document. Under Neb. Ct. R. § 6-1503(C), all proposed orders shall be by separate document and not a part of any other pleading. Any requirement to submit a proposed order with the motion comes from the filing district's local rules under § 6-1501; check those local rules.]

CERTIFICATE OF SERVICE

I certify that a copy of the foregoing Motion to Dismiss was served upon ____________________, [Plaintiff / counsel for Plaintiff], at ____________________ by ____________________ [method of service] on this ____ day of ________, 20.

[Name]

Nebraska Requirements for Motion to Dismiss

File within the 30-day answer window

A § 6-1112(b) motion must be made before pleading if a responsive pleading is allowed, so it is filed within the answer window: 30 calendar days after service of the summons and complaint, or after completion of service by publication, under Neb. Ct. R. Pldg. § 6-1112(a)(1)(A). Filing the motion in lieu of answering replaces the answer obligation until the court rules.

Calculate your 30 days from the service date

Confirm the date the summons and complaint were served on you, or the date service by publication was completed. The window runs 30 calendar days from that date. Miss it without filing the motion or an answer and you risk a default judgment.

Select your § 6-1112(b) grounds

Identify which of the seven enumerated § 6-1112(b) grounds apply: (1) lack of subject matter jurisdiction, (2) lack of personal jurisdiction, (3) pendency of another action involving the same subject matter and parties, (4) insufficient process, (5) insufficient service of process, (6) failure to state a claim upon which relief can be granted, or (7) failure to join a party under Neb. Rev. Stat. § 25-323.

Note Nebraska's seven-ground numbering

Section 6-1112(b) lists seven grounds, not the federal eight, and renumbers them: pendency of another action involving the same subject matter and parties sits at ground (3), there is no separate improper-venue ground, and failure to state a claim is ground (6). The failure-to-join ground at (7) points to Neb. Rev. Stat. § 25-323.

Attach a supporting brief if your court's local rules require one

No statewide uniform rule requires a supporting brief to accompany a motion to dismiss in Nebraska, and no statewide page limit was found. When a brief is filed, its form is governed by Neb. Ct. R. § 6-1505, which adopts the appellate brief form of Neb. Ct. R. App. P. § 2-103. Whether a brief is required with the motion, plus any deadline or page limit, is set by each district's local rules under § 6-1501; check those local rules.

Submit a proposed order only if local rules require it

No statewide rule requires a proposed order to be submitted with a motion to dismiss in Nebraska. Under Neb. Ct. R. § 6-1503(C), all proposed orders shall be by separate document and not a part of any other pleading. Any requirement to submit a proposed order with the motion would come from the filing district's local rules under § 6-1501.

Know what happens if the motion is denied

If the court denies the motion or postpones its disposition until trial, the responsive pleading must be served within 21 days after notice of the court's action under Neb. Ct. R. Pldg. § 6-1112(a). The 21-day period runs from notice of the ruling, not from the original service date, and the case then proceeds on the merits.

File in County or District Court by amount in controversy and serve the other party

File the motion with the clerk of the County Court or District Court named in the summons. Effective July 1, 2025, the County Court has concurrent civil jurisdiction up to $70,000 and the District Court has jurisdiction over amounts above $70,000. Serve a copy on the plaintiff or plaintiff's counsel and include a certificate of service.

Frequently Asked Questions

File a written motion to dismiss under Neb. Ct. R. Pldg. § 6-1112(b) before serving your answer, identifying which of the seven enumerated grounds apply. The motion must be made before pleading if a responsive pleading is allowed. File it with the clerk of the County Court or District Court named in the summons, depending on the amount in controversy, and serve a copy on the plaintiff or plaintiff's counsel.

A § 6-1112(b) motion is filed within the answer window, because it must be made before pleading: 30 calendar days after service of the summons and complaint, or after completion of service by publication, under § 6-1112(a)(1)(A). Filing the motion in lieu of answering replaces the 30-day answer obligation until the court rules on the motion.

Nebraska's list under Neb. Ct. R. Pldg. § 6-1112(b) departs from the federal model in one notable way: it carries no standalone improper-venue ground and instead includes pendency of another action involving the same parties and subject matter. The remaining grounds track the familiar set, lack of subject-matter jurisdiction, lack of personal jurisdiction, insufficient process, insufficient service of process, failure to state a claim, and failure to join a party under § 25-323.

No statewide uniform rule requires a meet-and-confer conference before filing a motion to dismiss in Nebraska. Individual district courts may adopt local rules on matters not covered by the uniform rules under § 6-1501, so a meet-and-confer practice in a particular judicial district cannot be ruled out. Check the local rules of the court where your case is pending.

If the court denies the motion or postpones its disposition until trial, the responsive pleading must be served within 21 days after notice of the court's action under § 6-1112(a). The case then proceeds on the merits once you file your answer. The 21-day period runs from notice of the court's ruling, not from the original service date.

File in the County Court or District Court named in the summons, with the clerk of that court. Effective July 1, 2025, the County Court has concurrent civil jurisdiction up to $70,000 and the District Court has jurisdiction over amounts above $70,000, so the amount in controversy determines which trial court hears your case.