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socrateaser, Lawyer
Category: Legal
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Experience:  Retired (mostly)
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how do i "plead" to preliminary objections?

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how do i "plead" to preliminary objections?

1. A preliminary objection is known as a "demurrer" in a minority of jurisdictions (e.g., California); a "motion to dismiss" in most (including U.S. district court). The objection is brought to determine whether or not the complaint suffers any of the defects enumerated in PA Civil Procedure Rule 1028.

2. The plaintiff can either amend and serve a new complaint, which renders the preliminary objections moot (subject to the defendant's filing another preliminary objection); the plaintiff can respond to the preliminary objections by filing "preliminary objections to the preliminary objections" (ridiculous, but that's the rule) and defend the complaint's correctness; or, the plaintiff can ignore the preliminary objections, and let the court rule based upon the complaint as it was originally pleaded.

3. The defendant's" notice to plead," requires you to respond to the defendant's objections, related to section 1028(a)(1), (5), (6), (7) or (8). You do not, and cannot respond to the objections provided for by 1028 (4), (5) or (6). You can only stand your ground or amend your pleading to correct the alleged defect, on these latter issues.

4. Generally, for subsections (1), (5), (6), (7) or (8), you can provide additional evidence to support your claims, by way of deposition, interrogatories, affidavits or testimony at the hearing. The court cannot resolve the matter without a hearing.

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Customer: replied 3 years ago.

The answer is kinda over my head but I am researching and trying to understand it. Can you tell me what a "NOTICE OF ORAL ARGUEMENT AND\HEARING" would be? It states, "Preliminary objections have been filed to the above matter. You are notified that oral argument will be held January 7. Brief of the moving party is due no later than ten days prior to the hear."


Is this a hearing only to clarify objections? The defendants attorney made objections due to lack of specificity, do these have to be answered now or January 7th?