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Question

G. Motions (Rule 15): Litigious and Non-litigious Motions

Alex and Ben are partners in a business venture. After a few years of partnership, disputes arose between them, leading to a breakdown in their relationship. Alex decided to file a case against Ben for breach of contract and mismanagement of funds. Ben, on the other hand, wants to file a motion that is not directly related to the main case.

Based on the given scenario, answer the following questions:

1. What is the nature and purpose of a litigious motion? Explain.
2. What is the nature and purpose of a non-litigious motion? Provide an example.
3. In the situation of Alex and Ben, what options are available to Ben if he wants to file a non-litigious motion? Provide specific provisions and requirements under the Rules of Court.
4. Can Alex oppose the filing of Ben's non-litigious motion? If so, on what grounds can he base his opposition?
5. What factors should the court consider in determining whether to grant or deny a non-litigious motion?

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Answer