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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

In a civil action for damages, P sues D. D files a motion captioned 'Litigious Motion for Extension of Time to Plead' seeking 15 days to file an answer. The motion is supported by a memorandum and a notice of hearing. The trial court, without a hearing, grants the extension ex parte. P moves for relief from the order and seeks reinstatement of the period to file an answer. (a) Is D's motion properly categorized as litigious or non-litigious under Rule 15? (b) What are the general rules on service and hearing for litigious versus non-litigious motions, and how do they apply to this scenario? (c) If D seeks relief from the order or from the ruling on the motion, what remedies may D pursue under the Rules of Court?

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The motion is properly categorized as non-litigious; the caption does not control classification; an extension of time to plead is a non-litigious motion; service on the adverse party and a notice of hearing are required, but an ex parte grant may be allowed in non-litigious matters; if the order is erroneous, a party may seek relief from judgment under Rule 60 or a petition for certiorari under Rule 65 when warranted. Non-litigious motions do not require service, and the court may grant them ex parte without notice; thus the grant would be valid and relief would be available only by direct appeal from the order. The motion is properly categorized as litigious because any request for a procedural benefit against the other party constitutes a litigious motion; the caption controls the classification, and an ex parte grant in this context is improper. Relief from the order cannot be obtained by filing a notice of appeal, since an appeal lies only from a final judgment or a final order that ends the case on merits, not a procedural extension ruling.

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