Pleadings and Motions

Question 1

Deadline for ALL responsive pleadings

Answer 1

20 days after service

For claims involving professional liability, 20 days after certificate of merit (if not filed with pleading)

Question 2

What is Certificate of Merit? (3)

Answer 2

For cases involving a professional derivating from standard, plaintiff must file with complaint (or within 60 days after) a certificate by a professional stating that

1. that professional has supplied a written statement admitting reasonable probability of derivation from acceptable standard;
2. someone under D’s responsibility derivated from standard or
3. expert testimony is unnecessary.

Question 3

Form of Pleading: What must each pleading contain? (3 items)

Answer 3

1. Caption with name of court,
2. cause number, and
3. name of pleading

Question 4

Answer: General v. Specific Denials

Situations where specific denials required (5)

Answer 4

Specific Denials (responding to specific allegations) are preferred.

Specific Denials/averments of facts required when denying:

1. identity of person by whom a material act was committed;
2. Agency/employment of such a person;
3. Ownership/possession/control of property involved;
4. Averments in support of additional relief sought;
5. Averments to allegations in preliminary objections

Where specific averments required, deemed admitted when a general denial is used instead

Question 5

Affirmative Defenses: Time of Pleading

Answer 5

Affirmative defenses must be pleaded under heading “New Matter”, and waived if not raised

Assumption of risk, comparative/contributory negligence need not be pleaded

Question 6

Preliminary Objections (generally) + time for filing

Answer 6

Equivalent to FRCP 12(b) defenses.

Must be filed within 20 days of prior pleading.

Question 7

Preliminary Objections: Waived if not raised

Grounds for Preliminary Objections (8)

Answer 7

1. lack of personal jurisdicition/improper venue;
2. Improper service/process;
3. Failure of pleadings to conform to law or court rules;
4. Inclusion of scandalous/impertinent manner;
5. Insufficient specificity of pleading;
6. lack of capacity to sue;
7. misjoinder of cause of action;
8. Pendency of prior action or agreement for ADR

Question 8

Preliminary Objections:

Denfenses that may be later raised even if not made via P.O. (6)

Answer 8

1. Failure to state a claim for relief;
2. Failure to join indepensible party;
3. Failure to state a legal defense provided by statute;
4. Failure to exercise statutory remedy;
5. Full & adequate non-statutory remedy at law;
6. other non-waivable defense (SMJ)

Question 9

Preliminary Objections:

Statement of Facts w/ Verification Required for Issues of (7):

Answer 9

Court can’t determine merits of prelim objection without the facts surrounding these issues.

1. SMJ/Personal Jurisdication;
2. improper venue;
3. improper summons/service;
4. lack of capacity to sue;
5. Pendency of prior action;
6. Failure to exercise/exhaust statutory remedy;
7. full and complete remedy at law, in equity cases

Question 10

Motion for Judgment on Pleadings

Standard & Time for Motion

Answer 10

Standard is “no genuine issue of material fact”, but comes before discovery (unlike summary judgment)

Made after pleadings closed, but before time as to unreasonably delay trial