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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 arising from a defective construction project, plaintiff’s counsel files an Omnibus Motion under Rule 15 praying for four items in one consolidated prayer: (a) extension of time of 12 days to file the defendant’s answer; (b) an order to compel defendant to produce the construction contract and related communications attached to the complaint; (c) a directive to set a mandatory pre-trial conference; and (d) an order to dismiss the action for failure to prosecute. The trial court grants (b) and (c) but denies (a) and (d). (i) Identify which prayers are properly effected by an Omnibus Motion and explain the controlling doctrine. (ii) Distinguish the Omnibus Motion from separate motions and state remedies exist for improper prayers. (iii) Apply to the facts: is the court's action proper for each grant or denial, and what should be the disposition if any prayer is improper under Rule 15 as amended by A.M. No. 19-10-20-SC?

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Prayers (a) and (d) improper; (b) and (c) proper; The court’s action should have granted (a) and (b) and (c) and denied (d). The prayers (a), (b), and (c) are properly within an Omnibus Motion; (d) is improper. The court’s action granting (b) and (c) is proper; the denial of (a) is not consistent with the rule; the denial of (d) is proper. The correct disposition is to grant (a) and deny (d), while leaving (b) and (c) as granted. None of the prayers are proper under an Omnibus Motion; Omnibus Motions cannot include any extension of time or discovery-related relief. Prayers (a) and (d) are improper; (b) and (c) are proper; The court’s action on (b) and (c) is proper, while (a) and (d) should be denied.

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