First of all pardon the title, I can't edit the typo.
What is the name of your state (only U.S. law)? Pennsylvania
I filed a complaint in a civil case. 052 PA Code § 5.61(a) stipulates defendant has 20 days to file an answer.
On day #20 I called the court. Clerk told me that the defendant's atty filed preliminary objections with the court. He did not file a certificate of service. It's been almost a week since then and I have not received a copy from defendant, nor have I received notice of scheduled oral argument.
Per § 5.101 (f) I have 10 days from date of service to file an answer to the preliminary objections. Since I have not been served, I cannot file an answer.
According to the court's rules on oral arguments on preliminary objections, the responding party's briefs must be filed 5 days before the scheduled argument and failure to file a brief could result in default granting of motion.
QUESTION #1: Should I contact the opposing party and request service? Find out from the court if an argument has been scheduled? Challenge it for lack of service if objection is sustained?
Per § 5.101 (d) Except as provided for in subsection (e), the filing of preliminary objections may not eliminate the requirement to file an answer to the complaint or other initiating pleading.
§ 5.101 (e) Preliminary objection regarding insufficient specificity.
QUESTION #2: If the objection is not regarding insufficient specificity, what should be my next step regarding defendant's failure to file a timely answer pleading? Should I bring this up at preliminary objection argument?
Per § 5.61(c), a respondent failing to file an answer within the applicable period may be deemed in default, and relevant facts stated in the pleadings may be deemed admitted.
QUESTION #3: As the plaintiff do I need to file any motions to ask the court to deem his facts admitted or is it automatic?
What is the name of your state (only U.S. law)? Pennsylvania
I filed a complaint in a civil case. 052 PA Code § 5.61(a) stipulates defendant has 20 days to file an answer.
On day #20 I called the court. Clerk told me that the defendant's atty filed preliminary objections with the court. He did not file a certificate of service. It's been almost a week since then and I have not received a copy from defendant, nor have I received notice of scheduled oral argument.
Per § 5.101 (f) I have 10 days from date of service to file an answer to the preliminary objections. Since I have not been served, I cannot file an answer.
According to the court's rules on oral arguments on preliminary objections, the responding party's briefs must be filed 5 days before the scheduled argument and failure to file a brief could result in default granting of motion.
QUESTION #1: Should I contact the opposing party and request service? Find out from the court if an argument has been scheduled? Challenge it for lack of service if objection is sustained?
Per § 5.101 (d) Except as provided for in subsection (e), the filing of preliminary objections may not eliminate the requirement to file an answer to the complaint or other initiating pleading.
§ 5.101 (e) Preliminary objection regarding insufficient specificity.
QUESTION #2: If the objection is not regarding insufficient specificity, what should be my next step regarding defendant's failure to file a timely answer pleading? Should I bring this up at preliminary objection argument?
Per § 5.61(c), a respondent failing to file an answer within the applicable period may be deemed in default, and relevant facts stated in the pleadings may be deemed admitted.
QUESTION #3: As the plaintiff do I need to file any motions to ask the court to deem his facts admitted or is it automatic?
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