Pleadings

Question 1

What must be in pleadings?

Answer 1

1. Separate numbered paragraphs;
2. Any copies of writings a claim or defense depends on; and
3. signed by the attorney or, if pro se, the party

Question 2

What must be pleaded specifically?

Answer 2

1. Fraud or mistake (not other mental states)

2. Time, place, and items of special damages

Question 3

When must a pleading be verified?

Answer 3

When it contains an averment or denial of fact not appearing in the record

Question 4

Who must verify a pleading?

Answer 4

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

Question 5

Unlike Rule 11, how many days does Pennsylvania procedure allot for a party to respond to a potential motion for sanctions

Answer 5

28 days, not 21 days

Question 6

What pleading standard does Pennsylvania follow?

Answer 6

Fact pleading, not notice pleading

Question 7

When may a plaintiff use “Doe” as a designation?

Answer 7

1. Actual name is unknown after reasonable search;
2. The Doe name is declared fictitious;
3. A description of the defendant is stated with sufficient particularity for identification; and
4. Plaintiff avers a reasonable search has been conducted

Question 8

What is the deadline for a plaintiff to amend the pleading to replace a Doe designation

Answer 8

20 days

Question 9

Can judgment be entered against a Doe defendant?

Answer 9

No

Question 10

When must a plaintiff file a certificate of merit?

Answer 10

In any malpractice action against a licensed professional

Question 11

When must a certificate of merit be filed?

Answer 11

Within 60 days of the filing of the complaint

Question 12

What must be in a certificate of merit?

Answer 12

It must be signed by either the Plaintiff or Plaintiff’s attorney, stating one of:

1. 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
2. There is no need for expert testimony to pursue the claim.

Question 13

Can a plaintiff serve interrogatories or depositions before a certificate of merit is filed?

Answer 13

No

Question 14

Is a certificate of merit needed for a battery claim for lack of informed consent?

Answer 14

Yes

Question 15

Does Pennsylvania allow declaratory judgments?

Answer 15

Yes

Question 16

What is the deadline for preliminary objections?

Answer 16

Within 20 days of service of a complaint

Question 17

What preliminary objections are NOT waived if not raised?

Answer 17

1. SMJ;
2. failure to state a claim; and
3. defect in joinder or misjoinder

Question 18

What is the deadline for filing an answer to a complaint?

Answer 18

Within 20 days of service, or as applicable 20 days after the certificate of merit

Question 19

What format must affirmative defenses be brought as in Pennsylvania?

Answer 19

Under a separate section of the answer labeled “New Matter”

Question 20

Do the affirmative defenses of assumption of the risk, comparative negligence, and contributory negligence need to be pleaded?

Answer 20

No

Question 21

Are counterclaims compulsory in PA?

Answer 21

No, but they may be subject to preclusion

Question 22

What is the deadline for filing a reply to a complaint?

Answer 22

Within 20 days of service of a complaint

Question 23

When does a party have to file a reply to a pleading?

Answer 23

When the preceding pleading contains a notice to defend or a notice to plead

Question 24

When may a party amend a pleading as a matter of right?

Answer 24

Within 20 days after service of a preliminary objection

Question 25

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?

Answer 25

No

Question 26

When does a Doe designation relate back to the original complaint?

Answer 26

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

Question 27

If the defendant fails to respond within 20 days, what may the plaintiff do?

Answer 27

Move for default judgment

Question 28

What is the procedure for securing a default judgment?

Answer 28

1. Mail written notice of the intent to seek DJ to defendant;
2. Defendant must receive at least 10 days before entry of DJ; and
3. Plaintiff must file a praecipe to enter DJ with the prothonotary

Question 29

Can the prothonotary enter default judgment if the damages are not known or calculable?

Answer 29

No, the court would need to conduct a trial on that issue