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Current as of January 01, 2024 | Updated by Findlaw Staff
A motion to dismiss based on a failure to state a cause of action shall be granted when the moving party demonstrates that the action, claim, cross-claim, or counterclaim subject to the motion is an action involving public petition and participation unless the party responding to the motion demonstrates that the cause of action has a substantial basis in law or is supported by a substantial argument for an extension, modification, or reversal of existing law. The court shall expedite and grant preference in the hearing of such motion.
Cite this article: FindLaw.com - Nebraska Revised Statutes Chapter 25. Courts; Civil Procedure § 25-21,245. Action involving public petition and participation; motion to dismiss; when granted; duty to expedite - last updated January 01, 2024 | https://codes.findlaw.com/ne/chapter-25-courts-civil-procedure/ne-rev-st-sect-25-21-245/
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