Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 488 (January 27, 2024).

231 Pa. Code Rule 2.8. Pleadings Allowed After Objections are Filed.

Rule 2.8. Pleadings Allowed After Objections are Filed.

 (a)  Answers to objections, preliminary objections to objections, and answers to preliminary objections are permitted, but a party does not waive any rights by failing to file any of the foregoing. If an answer to objections is filed, no responsive pleading to the answer is permitted.

 (b)  Preliminary objections to objections shall be limited to lack of jurisdiction over the subject matter and lack of standing.

 (c)  If filed, answers to objections, preliminary objections to objections, and answers to preliminary objections must be filed within 20 days after service of the applicable preceding pleading, with a copy served upon the accountant, if applicable, and to each interested party and claimant who received the notice pursuant to Rule 2.5, or to his or her counsel, if represented.

 (d)  The court may summarily decide preliminary objections to objections and may do so prior to the filing of an answer to the preliminary objections.

   Note

   Rule 2.8 has no counterpart in former Orphans’ Court Rules.

   The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. See Rule 1.99.

   Explanatory Comment

   Preliminary objections to objections are limited in the grounds that may be raised. Insufficient specificity, failure to conform to law, and the inclusion of scandalous or impertinent matter, inter alia, are not properly raised as preliminary objections to objections. (Cf. Rule 3.9 and Pa.R.C.P. No. 1028).

Source

   The provisions of this Rule 2.8 amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 483; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3573. Immediately preceding text appears at serial pages (390190) to (390191).



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