Flashcards Studio

In a civil action for damages arising from breach of a written contract, the defendant's counsel submits to the court a document captioned 'Answer' that contains: (i) admissions and denials of the complaint's allegations, (ii) an affirmative defense asserting that the claims are time-barred by prescription, and (iii) a closing prayer that includes a subsection labeled 'Motion to Dismiss' requesting dismissal of the action on the ground that the complaint fails to state a cause of action. The document bears the signature and verification typical of pleadings.   (a)Is this document a pleading or a motion? (b)State the controlling rule that distinguishes pleadings from motions. (c)Apply the rule to these facts, stating how the court should treat the document and what proper steps should follow.