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Question
In a civil action for damages, P sues D. D files a motion captioned 'Litigious Motion for Dismissal on the Ground of Lack of Prosecution' praying that the case be dismissed due to P's failure to prosecute, after P had filed a partial answer but later discontinued prosecution. The motion is supported by a memorandum and a notice of hearing. The trial court, without a hearing, grants the motion ex parte and dismisses the case. P subsequently moves for relief from the order and seeks reinstatement of the case. (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 P seeks relief from the order or from the ruling on the motion, what remedies may P pursue under the Rules of Court?