Current through Register Vol. 54, No. 44, November 2, 2024
(a)
General. Preliminary objections may be filed to any petition
by any interested party or the interested party's representative.
(b)
Grounds for Preliminary
Objections. Preliminary objections filed to any petition under the
Rules of Chapter III are limited to the following grounds:
(1) lack of jurisdiction over the subject
matter of the action or lack of jurisdiction over the person, improper venue,
or improper form of service;
(2)
failure of a pleading to conform to law or rule of court or inclusion of
scandalous or impertinent matter;
(3) insufficient specificity in a
pleading;
(4) legal insufficiency
of a pleading (demurrer);
(5) lack
of standing or lack of capacity to sue, nonjoinder of a necessary party, or
misjoinder of a cause of action; and
(6) pendency of a prior action or agreement
for alternative dispute resolution.
(c)
Form. All preliminary
objections shall be raised at one time in one pleading, shall state
specifically the grounds relied upon, and may be inconsistent.
(d)
Disposition of Preliminary
Objections.
(1) A party may file an
amended pleading, without consent of any other party and without leave of
court, within 20 days after service of the preliminary objections. If a party
files an amended pleading, the preliminary objections to the original pleading
shall be deemed moot.
(2) In all
other instances, the court shall determine promptly all preliminary objections.
If an issue of fact is raised, the court shall consider evidence by deposition
or otherwise.
(e)
Pleadings Allowed Subsequent to the Disposition of Preliminary
Objections.
(1) If the preliminary
objections are overruled, the party who filed the preliminary objections shall
have the right to file an answer within 20 days after entry of the order
overruling the preliminary objections or within such other time as the court
shall direct.
(2) If the filing of
an amended petition or a new petition is allowed or required, it shall be filed
within 20 days after entry of the order concerning such amended or new petition
or within such other time as the court shall direct.
(3) New preliminary objections may be filed
to any amended or new petition in accordance with this Rule.
Note: Rule
3.9 has no counterpart in former
Orphans' Court Rules, but is derived from Pa.R.C.P. No. 1028.
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.
