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Question
During a civil action for damages, P sues D for breach of contract. D files a motion captioned “Litigious Motion for Dismissal on Ground of Misjoinder of Parties and Causes of Action,” praying that the case be dismissed because several claims and some parties are improperly joined with the active plaintiff and defendant. 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?