Preliminary Objections are when a legal argument is made at the beginning of a case that can stop the case from moving forward. It’s a formal step that raises a question that should be addressed before other issues.
Some examples of when preliminary objections are filed: the court does not have jurisdiction, there is improper venue, the pleading is insufficient, or a necessary party is not joined.
Procedure for Preliminary Objections in Custody Matters
Preliminary Objections must be filed within 20 days of service of the pleading to which the objections are made, or at the time of the hearing, whichever is first. Preliminary Objections will be heard by the judge assigned to the case, in accordance with the “one judge/one family” rule. The original preliminary objections and brief, along with one copy of each, must be taken to the docket clerk for scheduling of the argument on the next available exceptions argument list. The docket clerk will not schedule argument on the preliminary objections unless the preliminary objections are accompanied by a brief. The person filing the preliminary objections must then file the original with the argument date noted, with the Department of Court Records, deliver a copy to the Custody Department, 1st Floor, Family Law Facility, and serve notice on all parties of the time and place of argument. The Generations program will be stayed pending results of the argument. If the respondent (the person responding to the preliminary objections) chooses to file a brief, it must be filed with the exceptions clerk, no less than seven days before the scheduled argument.