Comparison: Motion vs Pleading
MOTION
✓ Motion to Dismiss
✓ Motion for Extension
✓ Motion for Leave to Reply
✓ Motion for Leave to Amend
✓ Motion to Stay
✓ Motion to Strike
...
PLEADING
✓ Affirmative Defenses
✓ Complaint
✓ Counterclaim
✓ Petition
✓ Motion for Summary Judgment
I. Definitions
II. Legal Citations
III. Judicial Application
“Although commonly employed, the use of the term "pleading" to describe all of the various papers filed in an action is incorrect. "A pleading seeks to frame factual issues for determination. This is the meaning when the term pleading is used in the Rules of Civil Procedure... Motions are not pleadings." Trawick, Florida Practice and Procedure, § 6-1, p. 65 (1989 ed.) Trawick also notes that motions cannot be directed against other motions. Id. at § 10-2, p. 154. Accordingly, the Tanners' use of a motion to strike the Motzers' motion to dismiss as a sham pleading was improper."
IV. Commentary
- Q. Are Motions Pleadings? No.
- at least not according to Florida's Fifth District Court of Appeals
V. Additional Resources
- Florida Practice and Procedure (1989 Ed.)
- §6-1, P.65
- Trawick
VI. Bibliography
VI. Conclusion
...POINTS & THINGS...
You may need to know this when contemplating/writing a Motion to Strike
Please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com