Legal Question in Civil Litigation in Pennsylvania

Amending Answers

I read in the Standard Pennsylvania Practice, that the Plaintiff can amend its complaint at will until an answer is filed, and after that by leave of the court. My question is, since they can do that, does that mean that I can also amend my answer if no other paperwork has been filed by the plaintiff in the interim?


Asked on 6/26/08, 12:38 pm

2 Answers from Attorneys
Patrick Narcisi Narcisi Law Offices, P.C.

Re: Amending Answers

I don't agree. I believe you must get the consent of the other party or an order of court to amend any pleading. If the other side files preliminary objections you are allowed to amend without these; and the rules are different in divorces.

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Answered on 6/26/08, 6:14 pm
John Gibson John W. Gibson, Esquire

Re: Amending Answers

Pa. Rules of Civil Procedure allow liberal amendment of pleadings but you do need consent of the other party or leave of court. However, if the Plaintiff amends a Complaint that you have already answered you can file a new Answer.

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Answered on 7/07/08, 3:10 pm


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