Legal Question in Civil Litigation in Pennsylvania
Time
I filed a preliminary objections. The opposining party is preapring an answer. The opposing party said once the pleading in this matter are closed. They intend to seek the dismissal of my cause of action. For discovery purpose, when I should start to file a request to admission? Immeditely after the court issues a ruling on my preliminary objection or I have to wait for the court's ruling? If they file a motion to dismiss my casue of action and I file a request to admission at the same time, do both parties need to respond each other's request and motion? what may happen next?
2 Answers from Attorneys
Re: Time
First, you should probably hire a lawyer. You have given me no informaton about what the case is about--are you the plaintiff or the defendant, what is the case about, from a procedural point of view, you can begin discovery once the case has been filed. You should really talk to a lawyer.
Re: Time
There are some areas of the law in which a client can safely represent themselves. One example is a suit at the district justice level, commonly known as "small claims court". Another is a domestic relations proceeding. Both of these areas are made user friendly by the legislature because they know the burden of hiring an attorney would deny many people justice because an attorney's fees would not justify seeking relief.
In a civil lawsuit, an attorney is virtually required. There are dozens of rules of civil procedure implicated in any given civil suit and a party, or his lawyer, must be very familiar with them. Moreover, a simple reading of the rules is not always sufficient. There may be appellate court interpretations and practical applications by county courts which render any simple reading unhelpful and even harmful.
I urge you to seek legal advice promptly so that you may properly handle this case.
To generally address your questions, preliminary objections are an assertion by a party that the prior pleading is deficient or that the suit must fail in its entirety. This usually involves a detailed knowledge and application of court decisions known as common law. If a plaintiff's pleading survives the preliminary objections, and they usually do, the defendant will have 20 days to file an answer. If an answer is not timely filed, a default judgment will be entered.
Discovery usually begins after an answer has been filed. It takes several forms including interrogatories, requests for production of documents and depositions. Every person or entity must either comply with discovery or successfully object to it. The latter is unusual.
Once again I urge you to contact an attorney. Feel free to call or E-mail me on a free initial basis.