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Comparison: Motion vs Pleading


MOTION
✓ Motion to Compel
✓ Motion to Dismiss
✓ Motion for Extension
✓ Motion for Leave to Reply
✓ Motion for Leave to Amend
✓ Motion to Stay
✓ Motion to Strike
...
PLEADING
✓ Answer
✓ Affirmative Defenses
✓ Complaint
✓ Counterclaim
✓ Petition
✓ Motion for Summary Judgment

I. Definitions

Motion
an application to the court requesting an order in favor of the applicant. Motions are generally made in reference to a pending action and may be addressed to a matter within the discretion of the judge, or may concern a point of law. Motions may be made orally or, more formally, in writing... Pleading
statements, in logical and legal form, of the facts that constitute plaintiff's cause of action and defendant's ground of defense. Pleadings are other allegations by the parties affirming or denying certain matters of fact, or other statements in support or derogation of certain principles of law, which are intended to describe to the court or jury the real matter in dispute.

II. Legal Citations

Rule 1.010 Fla. R. Civ. P. | Scope and Title of Rules
...These rules shall be construed to secure the just, speedy, and inexpensive determination of every action. These rules shall be known as the Florida Rules of Civil Procedure and abbreviated as Fla.R.Civ.P. Rule 1.140(f) Fla. R. Civ. P. | Motion to Strike
A party may move to strike or the court may strike redundant, immaterial, impertinent, or scandalous matter from any pleading at any time. Rule 1.150 Fla. R. Civ. P. | Sham Pleading
(a) Motion to Strike. If a party deems any pleading or part thereof filed by another party to be a sham, that party may move to strike the pleading or part thereof before the cause is set for trial and the court shall hear the motion, taking evidence of the respective parties, and if the motion is sustained, the pleading to which the motion is directed shall be stricken. Default and summary judgment on the merits may be entered in the discretion of the court or the court may permit additional pleadings to be filed for good cause shown.

III. Judicial Application

Motions are not Pleadings:
“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."
- Motzer v. Tanner, 561 So.2d 1336 (5DCA 1990)

IV. Commentary

V. Additional Resources

  • Florida Practice and Procedure (1989 Ed.)
    • §6-1, P.65
    • Trawick

VI. Bibliography

VI. Conclusion

Although the word 'pleading' is thrown around regularly, there is an important distinction between it and 'motion'.

Congratulations! You're now booked up on how Motions & Pleadings compare!

You may need to know this when contemplating/writing a Motion to Strike

Please get the justice you deserve.

Sincerely,



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