Flashcards Studio

In a civil action for damages arising from a manufacturing defect in a consumer product, 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) has a section titled 'Defenses' listing prescription and lack of capacity to sue, and (iii) ends with a paragraph titled 'Prayer' containing a subheading '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.