Quiz 5

A motion is:

• • A written request made to the court for a specific order or ruling

• • A pleading filed by a party to a lawsuit

• • A written statement of facts and law

• • A hearing held before a judge

3. Which of the following is a non-litigious motion?

• 3. • Motion to dismiss

• 3. • Motion for summary judgment

• 4. • Motion to postpone trial

• 3. • Motion for new trial

4. Which of the following is a litigious motion?

• 3. • Motion to amend pleadings

• 3. • Motion for reconsideration

• Motion for execution

• 4. • Motion to compel discovery

What is the duty of the opposing party to a motion?

• • To file a counter-motion

• • To file an opposition

• • To file a reply

• • To file a reply

How are motions served?

• • By personal service

• • By substituted service

• • By registered mail

• • All of the above

What is a motion day?

• • A day designated by the court for hearing motions

• • A day when all motions are due

• • A day when all motions are decided

• • A day when all motions are filed

In a civil lawsuit, a defendant files a motion to dismiss based on lack of jurisdiction and failure to state a cause of action. However, in a subsequent hearing, the defendant raises additional grounds for dismissal that were not included in the initial motion. How does the court typically handle this situation?

Answer explanation

The court is likely to apply the Omnibus Motion Rule, which requires all grounds for a motion to be raised together or waived. Since the defendant failed to include all relevant grounds for dismissal in the initial motion, the court may deem the additional grounds as waived and proceed with the case accordingly.

A complaint may be dismissed by the plaintiff by filing a notice of dismissal:

• At anytime before a motion of summary judgment is filed.

• At anytime after service of the answer.

• Before the complaint is amended.

• At the pre-trial.

Jose, the designated executor of a will, files a petition for probate of the same. Jose and his counsel failed to appear without justifiable cause at the hearing on the presentation of evidence and the court therefore dismissed, motu proprio, his petition for failure to prosecute. The effect of the dismissal is:

• A bar to a subsequent action on the same cause.

• The will can no longer be probated.

• Not an adjudication upon the merits.

• It is a dismissal with prejudice.

After a hearing on a Motion to Dismiss, the court may either dismiss the case or deny the same or:

• Conduct a preliminary hearing.

• Defer resolution because the ground relied upon is not indubitable.

• Order amendment of the pleading.

• None of the above.