Pleadings Flashcards
What must be in pleadings?
- Separate numbered paragraphs;
- Any copies of writings a claim or defense depends on; and
- signed by the attorney or, if pro se, the party
What must be pleaded specifically?
- Fraud or mistake (not other mental states)
2. Time, place, and items of special damages
When must a pleading be verified?
When it contains an averment or denial of fact not appearing in the record
Who must verify a pleading?
The party, or failing that anyone having sufficient knowledge or information may verify, setting forth the source of the information and why the party could not
Unlike Rule 11, how many days does Pennsylvania procedure allot for a party to respond to a potential motion for sanctions
28 days, not 21 days
What pleading standard does Pennsylvania follow?
Fact pleading, not notice pleading
When may a plaintiff use “Doe” as a designation?
- Actual name is unknown after reasonable search;
- The Doe name is declared fictitious;
- A description of the defendant is stated with sufficient particularity for identification; and
- Plaintiff avers a reasonable search has been conducted
What is the deadline for a plaintiff to amend the pleading to replace a Doe designation
20 days
Can judgment be entered against a Doe defendant?
No
When must a plaintiff file a certificate of merit?
In any malpractice action against a licensed professional
When must a certificate of merit be filed?
Within 60 days of the filing of the complaint
What must be in a certificate of merit?
It must be signed by either the Plaintiff or Plaintiff’s attorney, stating one of:
- A licensed professional in the same field has supplied a written statement that the defendant breached the professional standard of care, and that the plaintiff suffered harm; or
- There is no need for expert testimony to pursue the claim.
Can a plaintiff serve interrogatories or depositions before a certificate of merit is filed?
No
Is a certificate of merit needed for a battery claim for lack of informed consent?
Yes
Does Pennsylvania allow declaratory judgments?
Yes
What is the deadline for preliminary objections?
Within 20 days of service of a complaint
What preliminary objections are NOT waived if not raised?
- SMJ;
- failure to state a claim; and
- defect in joinder or misjoinder
What is the deadline for filing an answer to a complaint?
Within 20 days of service, or as applicable 20 days after the certificate of merit
What format must affirmative defenses be brought as in Pennsylvania?
Under a separate section of the answer labeled “New Matter”
Do the affirmative defenses of assumption of the risk, comparative negligence, and contributory negligence need to be pleaded?
No
Are counterclaims compulsory in PA?
No, but they may be subject to preclusion
What is the deadline for filing a reply to a complaint?
Within 20 days of service of a complaint
When does a party have to file a reply to a pleading?
When the preceding pleading contains a notice to defend or a notice to plead
When may a party amend a pleading as a matter of right?
Within 20 days after service of a preliminary objection
Can a party amend the pleading to change the form of action, correct a party name, or amend a pleading if the SOL has run?
No
When does a Doe designation relate back to the original complaint?
When the defendant has actual or constructive notice of the action and will not be prejudiced, or when it knew or should have known an action would be brought against it
If the defendant fails to respond within 20 days, what may the plaintiff do?
Move for default judgment
What is the procedure for securing a default judgment?
- Mail written notice of the intent to seek DJ to defendant;
- Defendant must receive at least 10 days before entry of DJ; and
- Plaintiff must file a praecipe to enter DJ with the prothonotary
Can the prothonotary enter default judgment if the damages are not known or calculable?
No, the court would need to conduct a trial on that issue
