Legal Question in Civil Litigation in Pennsylvania
Can anyone tell me what this means? It is something my attorney is submitting to the court.
I am suing this person for defamation of character.
I appreciated the last answer I got from Andrew A. Solomonto at the Law Office of Andrew A. Solomonto to a question I submitted earlier so thank you for that help.
CHRISTENSEN CHIROPRACTIC, and :
BARBARA CHRISTENSEN, : JURY TRIAL DEMANDED
Defendant. :
ANSWER TO NEW MATTER
24. No response required.
25. Denied. The averments of this paragraph are conclusions of law to which no response is required. To the extent that a response is deemed required said averments are denied.
26. Denied. The averments of this paragraph are conclusions of law to which no response is required. To the extent that a response is deemed required said averments are denied.
27. Denied. The averments of this paragraph are conclusions of law to which no response is required. To the extent that a response is deemed required said averments are denied.
28. Denied. The averments of this paragraph are conclusions of law to which no response is required. To the extent that a response is deemed required said averments are denied.
29. Denied. The averments of this paragraph are conclusions of law to which no response is required. To the extent that a response is deemed required said averments are denied.
30. Denied. The averments of this paragraph are conclusions of law to which no response is required. To the extent that a response is deemed required said averments are denied.
31. Denied. The averments of this paragraph are conclusions of law to which no response is required. To the extent that a response is deemed required said averments are denied. By way of further answer, a witness to said defamation in named within the Second Amended Complaint.
32. Denied. The averments of this paragraph are conclusions of law to which no response is required. To the extent that a response is deemed required said averments are denied.
33. Denied. The averments of this paragraph are conclusions of law to which no response is required. To the extent that a response is deemed required said averments are denied.
2 Answers from Attorneys
Without see the new matter makes it hard to say what they mean specifically.
26. Appears to be the response to a paragraph in the New matter including the first 25 paragraphs.
27. to 33. Is a response that say the allegation made makes some conclusion of law which doesn't require a response but if it isn't a conclusion then the allegation is denied.
And you couldn't get your lawyer to explain that to you?
{John}
These are just standard replies to the "New Matter" that the defendant filed which contained standard defenses raised in every lawsuit, such as passage of the statute of limitations, failure to state a legal claim, and other defenses. In PA, a defendant is required to raise any all possible defenses to a claim. If they are not pleaded, they are waived. The defendant's lawyer filed these defenses so they would not be waived. Your lawyer, correctly answered that these defenses are merely conclusions of law, and they will be decided, if at all, by the judge at the time of trial. Again, your lawyer has acted appropriately in his response to the New Matter. As attorney Davidson pointed out, your lawyer should explain this to you. You should have good communications with your lawyer and not hesitate to email the questions you are posting here. Remember, he is working for you, and you should understand each and every part of the lawsuit. On the other hand, if you are posting here to check on your attorneys actions, my advice is to trust him, because everything you have posted tells me he is doing the right things.
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