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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In a civil action for damages, P sues D for breach of contract. D files a motion captioned “Litigious Motion for Dismissal on the Ground of Laches,” praying that the case be dismissed because P has slept on its rights and delayed prosecution for an extended period. The motion is supported by a memorandum and a notice of hearing. The trial court, after a hearing, grants the motion and dismisses the case. P 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?

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