Flashcards Studio

An action for damages arising from a construction project is filed in the trial court. The defendant's counsel submits to the court a document captioned 'Answer' that (i) contains admissions and denials of the complaint's allegations, (ii) includes a separate section labeled 'Relief Sought' that lists as relief a 'Motion to Dismiss' on the ground that the complaint fails to state a cause of action, and (iii) 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.