Sample Motion For Judgment On The Pleadings California In Philadelphia
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PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS A motion for judgment on the pleadings, like a general demurrer, challenges the sufficiency of the plaintiff's cause of action and raises the legal issue, regardless of the existence of triable issues of fact, of whether the complaint states a cause of action.
Rule 1028 - Preliminary Objections (a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (1) lack of jurisdiction over the subject matter of the action or the person of the defendant, improper venue or improper form or service of a writ of summons or a complaint; ...
Motions are usually served by mail, and the deadline is extended by five calendar days if mailed to an address in California (10 for out of state, 20 for outside the U.S.). There are a few other options: if the notice is served by express mail, or other overnight delivery method: add two calendar days.
A motion for summary judgment must contain only a concise statement of the relief requested and the reasons for granting that relief. The motion should not include any recitation of the facts and should not exceed two pages in length.
Rule 1035.2 sets forth the general principle that a motion for summary judgment is based on an evidentiary record which entitles the moving party to judgment as a matter of law. The evidentiary record may be one of two types.
Motion for Judgment on the Pleadings. Under Pennsylvania law, a motion for judgment on the pleadings is granted only where the pleadings demonstrate that no genuine issue of fact exists, and the moving party is entitled to judgment as a matter of law.
A preliminary objection is a formal step by which a respondent raises a question which it contends should be dealt with separately, before any other issue in the proceedings is examined.
(c)(1) A party may file an amended pleading as of course within twenty days after service of a copy of preliminary objections. If a party has filed an amended pleading as of course, the preliminary objections to the original pleading shall be deemed moot.
Rule 1038 - Trial Without Jury (A) The trial of actions at law, other than for personal injuries or damage to property, by a judge, sitting without a jury, shall be conducted, as nearly as may be, as are trials by jury, and the parties shall have like rights and privileges, including the right to suffer or move for ...
