Flashcards Studio

In a civil action for damages arising from a defective product distributed by a local manufacturer, the defendant’s counsel submits to the trial court a document captioned 'Answer' that (i) contains admissions and denials of the complaint’s allegations, (ii) includes a section labeled 'Defenses' listing prescription and lack of authority to sue, and (iii) ends with a closing paragraph labeled 'Prayer' containing 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.