Q: Opposing council has not answered Count 4 of my Civil Complaint as required by the Rules of Civil Procedure. They answered it otherwise. As I understand the PA Rules of Civil Procedure, a failure to specifically deny a paragraph in the complaint has the effect of an admission The Arbitration Hearing is Thursday. Do I just start by saying he has admitted Count 4, and ask for a judgment? (Pittsburgh, PA)
A: I assume you are referencing PA Rule of Civil Procedure 1029? I doubt the board of arbitrators will grant a judgment against the plaintiff for failure to specifically answer a paragraph in a complaint. You can raise it at the hearing and make your argument however.