Legal Question in Civil Litigation in Pennsylvania
After Amended Pleading
We filed a civil complaint several months ago. Defendant filed a prelimiary objection after waiting for four months. Then,we filed an amended pleading along with a notice to file a praecipe within 20 days. Then, defendant keeps slience for another two months. Defendant requested a jury hearing. However, defendant has not filed a response except the only preliminary objection. Shall we file a judgement for default now? Or we must wait for Judge's order for the preliminary objection?
Also, someone filed a malicious prosecution against one of our friends. This friend cited many evidences and witnesses as protable cause for defense. The evidences show that the guy lied to the judge in previous trials. Then, this guy uses res judicta as a preliminary objection to surpress our firend's response. Protable cause is an absolute defense, Will court cited res judicta to supress the response. If so, what is the next step for our friend?
1 Answer from Attorneys
Re: After Amended Pleading
if you filed a new complaint (amended) they need to answer or do prelim. objetions again. If they are out of time, default them.