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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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An action for damages arising from a vehicular collision is filed in the trial court. The defendant's counsel submits a document captioned 'Answer' that (i) contains admissions and denials of the complaint's allegations, (ii) asserts an affirmative defense that the court lacks jurisdiction over the person of the defendant, and (iii) includes a closing paragraph labeled 'Prayer' with a subsection titled 'Motion to Dismiss' requesting dismissal of the action on the ground that the complaint fails to state a cause of action. The document bears the signature and verification typical of pleadings. (a) Is this document a pleading or a motion? (b) State the controlling rule distinguishing pleadings from motions. (c) Apply the rule to these facts, stating how the court should treat the document and what proper steps should follow.

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