231 Pa. Code Rule 3.10. Denials; Effect of Failure to Deny.

Rule 3.10. Denials; Effect of Failure to Deny.

(a)  A responsive pleading shall admit or deny each averment of fact in the preceding pleading or any part thereof. Admissions and denials in a responsive pleading shall refer specifically to the paragraph in which the averment admitted or denied is set forth. A party denying only a part of an averment shall specify so much of it as is admitted and shall deny the remainder.
(b)  Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by subparagraph (c) of this Rule, shall have the effect of an admission.
(c)  A statement by a party that after reasonable investigation the party is without knowledge or information sufficient to form a belief as to the truth of an averment shall have the effect of a denial.
(d)  Averments in a pleading to which no responsive pleading is required shall be deemed to be denied.
(e)  A responsive pleading shall be signed by counsel, or if not represented by counsel, then by all the respondents in accordance with Rule 3.12. A responsive pleading that admits or denies any averment of fact shall be verified by at least one of the respondents in accordance with Rule 3.13.

   Note
   Rule 3.10 has no counterpart in former Orphans’ Court Rules, but is derived from Pa.R.C.P. No. 1029.
   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
   Reliance on subparagraph (c) does not excuse a failure to admit or deny a factual allegation when it is clear that the respondent must know whether a particular allegation is true or false. Cf. Cercone v. Cercone, 386 A.2d 1, 4 (Pa. Super. 1978).

Source

   The provisions of this Rule 3.10 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 (390199) to (390200).

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