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PA Civ Pro > Pleadings > Flashcards

Pleadings Flashcards

1
Q

Response pleadings must be filed within ___ days after the service pleading.

A

20

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2
Q

All pleadings, motions, other papers directed to the court must be ______ by an ______ of _____

A

Signed

Attorney of Record

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3
Q

When an attorney signs a pleading/motion/other paper directed to the court, he certifies that to the best of his knowledge, information, and belief, formed after a reasonable inquiry under the circumstances, that: (4)

A

No improper purpose (It is not being presented for an improper purpose);

Good law or argument (The claims or contentions are warranted by existing law OR a nonfrivolous argument for extension, modification, or reversal of existing law);

Supported by or will be supported by evidence (The factual allegations have evidentiary support (or are likely to have evidentiary support after reasonable opportunity for discovery)); AND

Good reason for denials (Any denials of factual allegations are warranted by the evidence or, if specifically so identified, are reasonably based on a lack of info or belief)

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4
Q

Whether an inquiry is reasonable is objective or subjective

A

Subjective

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5
Q

If an atty fails to make a “reasonable inquiry” when submitting a pleading, motion, or other paper, the court may impose sanctions, including . . . (3)

A

Non-monetary sanctions (e.g., striking all or part of a litigation document)

Penalties paid into court

Reasonable fees and costs to opposing counsel.

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6
Q

Law firms are/aren’t generally held jointly responsible for violations committed by partners and associates.

A

Are

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7
Q

Every pleading with factual averments or denials must be _______

A

Verified.

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8
Q

Pennsylvania does/doesn’t utilize notice pleading.

A

Doesn’t

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9
Q

Pennsylvania requires notice/fact pleading

A

Fact

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10
Q

A complaint must set forth what?

A

All material facts for the COA

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11
Q

In his complaint, P must specifically state (3):

A

Time, dates, and places when and where the T/O occurred

Any averments of fraud and mistake

Special damages

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12
Q

What may may be averred generally? _____, _____, _____, and other conditions of mind

A

Malice, intent, knowledge

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13
Q

Allegations in a complaint must be divided into what?

A

Separately number paragraphs

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14
Q

If a claim is based on a k, what must the complaint do?

A

State whether oral or written.

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15
Q

If a writing forms the basis of a claim, what must the complaint include?

A

Must attach the writings or an explanation of their substance and why they are not attached.

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16
Q

What is prohibited in the ad damnum clause (i.e., the wherefore clause)? Exception

A

No specific sum UNLESS damages are liquidated

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17
Q

Motions objecting to the pleadings are called

A

POs

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18
Q

POs may be filed by any party to any pleading on a number of grounds. What are the eight most likely to be tested?

A

Lack of PJ

Improper Venue

Improper Service

Failure of pleading to conform to the rules

Inclusions of scandalous or impertinent matter in a pleading

Legal insufficiency of pleading (i.e., demurrer)

Nonjoinder of a necessary party

Agreement for ADR

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19
Q

What does a PO in the nature of a demurrer claim?

A

Pleading is legally insufficient

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20
Q

Where there is an agreement for ADR, that issue is raised through . . .

A

POs

21
Q

Since fact pleading is required in PA, there must be sufficient ______ with regard to _____ _____

A

Specificity

Material facts

22
Q

If a pleading states the wrong law or, file a PO claiming . . .

A

Demurrer

23
Q

T or F? All POs must be raised at the same time.

A

T

24
Q

All objections not raised by POs are waived EXCEPT . . . (3)

A

Demurrer (legal insufficiency of the pleadings)

Lack of SMJ

Failure to join an indispensible party

25
Q

Like any pleading, POs must be filed within ____ days from service of a prior pleading.

A

20

26
Q

If D files POs and POs are denied, D must file an answer within ____ days after notice of the order that POs were denied.

A

20

27
Q

If D does not file POs, D must file an answer to the Complaint within ____ days from the service of the complaint.

A

20

28
Q

Averments to which a responsive pleading are required are admitted when not denied _____ or by ______

A

Specifically

by Implication

29
Q

A general denial is the same as . . .

A

An admission

30
Q

Ordinarily, a statement by a party that, after a reasonable investigation, the party is w/o knowledge or sufficient info to form a belief as to the truth of an averment is OK. HOWEVER, this cannot be used if what two things (alternatively) are true of the info?

A

Public knowledge

Within D’s control

31
Q

In an action seeking damages for these three things, averments in a pleading may be denied generally.

A

Bodily injury

Death

Property damage

32
Q

These four factual averments must always be denied specifically or they are deemed admitted.

A

Averments relating to the identity, agency, or employment of the person doing a material act;

Averments relating to the ownership, possession, or control of the property or instrumentalities involved;

Averments in support of any additional relief demanded in the pleading;

Averments in POs

33
Q

Affirmative Defenses must be set forth in your Answer under the heading of ____ ____ or they are waived.

A

New Matter

34
Q

T or F? Affirmative defenses do not include Statute of Frauds and SOL.

A

False.

35
Q

How do the defenses of Comparative Negligence and Assumption of the Risk differ in PA and Fed Ct.

A

In Pa, they do not have to be raised in Answer/New Matter

In Fed Ct., they must be pleaded or are considered waived

36
Q

Which counterclaims are compulsory in PA?

A

None

37
Q

T or F? In PA, all counterclaims are permissive.

A

True

38
Q

If a counterclaim is filed against the P, the may file what against whom and for what?

A

Cross-claim against any other party for ANY COA included in the counterclaim

39
Q

How long does P have to file a Reply to D’s New Matter or Counterclaim? What if he doesn’t Reply in this time period?

A
  1. Could be deemed admitted.
40
Q

If D fails to file an Answer or POs to the Complaint within 20 days, when can happen?

A

Default judgment

41
Q

Prior to obtaining default judgment, a plaintiff has to mail what to D? How much extra time does D get?

A

Notice of Intent to Take Default J

10 days to file an answer

42
Q

In any professional liability claim, the plaintiff has ____ days after filing the complaint to file a what?

A

60 days

Certificate of Merit.

43
Q

A certificate of merit must state one of these three things…

A

An expert has indicated in writing that there exists a reasonable probability that the care, skill, and knowledge exercised by the D fell outside of acceptable professional standards AND that such conduct caused the harm to P;

The claim that D deviated from an acceptance professional standard is based solely on allegations that other licensed professionals for whom this D is responsible deviated from an acceptable professional standard.

Expert testimony is unnecessary for prosecution of the claim

44
Q

The deadline for filing an answer or other responsive pleading by a D in a professional liability claim is 20 days after this or that, whichever is shorter/longer. . .

A

Service of the complaint OR

Service of the COM

Whichever is LATER

45
Q

Two additional options for a D in a professional liability action?

A

Dismissal upon an affidavit of non-involvement (med mal OR construction design only)

Entry of Judgment of Non Pros if COM is not timely filed by P

46
Q

A party has the right to amend any pleading to change the form of the action, add a party, correct the name of a party, or otherwise amend the pleading: (3 options)

A

Within 20 days after service of POs

With consent of the other party

With leave of court

47
Q

T or F? Amendments to the pleadings are liberally allowed.

A

T

48
Q

An amendment will NOT be permitted after expiration of the SOL for that COA where the amendment seeks to . . . (2)

A

Raise a new COA; or

Add new Ds in the litigation

PA Civ Pro (9 decks)

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