What is the state of the law when it comes to determining whether a motion is a Rule 7(b) motion?
MultiRegion, United States of America
The following excerpt is from Jenkins v. Whittaker Corp., 785 F.2d 720 (9th Cir. 1986):
38 Plaintiffs' moving papers in the district court indeed characterized the motion as a Rule 7(b) motion, but the substance of the motion rather than the form determines which Rule it falls under. See United States v. 1982 Sanger 24' Spectra Boat, 738 F.2d 1043, 1046 (9th Cir.1984).
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