Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 00-2154

THE COURTS

PART I.  GENERAL

[231 PA. CODE CH. 1000]

Amendment of Rule 1019 Governing Pleading; No. 340; Civil Procedural Rules Doc. No. 5

[30 Pa.B. 6422]

Order

Per Curiam:

   And Now, this 28th day of November, 2000, Pennsylvania Rule of Civil Procedure 1019 is amended to read as follows.

   This order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective January 1, 2001.

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 1000.  ACTIONS AT LAW

SUBCHAPTER A.  CIVIL ACTION

PLEADINGS

Rule 1019.  Contents of Pleadings. General and Specific Averments

*      *      *      *      *

   (h)  [A pleading shall state specifically whether any claim or defense set forth therein is based upon a writing.] When any claim or defense is based upon an agreement, the pleading shall state specifically if the agreement is oral or written.

   Official Note:  If the agreement is in writing, it must be attached to the pleading. See subdivision (i) of this rule.

   (i)  [If so] When any claim or defense is based upon a writing, the pleader shall attach a copy of the writing, or the material part thereof, but if the writing or copy is not accessible to the pleader, it is sufficient so to state, together with the reason, and to set forth the substance of the writing.

Explanatory Comment

   The Supreme Court of Pennsylvania has amended Rule 1019 governing the pleading of agreements and writings generally when claims or defenses are based upon them.

   Present subdivision (h) of Rule 1019 governs the pleading of writings. It is revised to apply specifically to agreements. The pleading must state if an agreement is oral or written. A note advises that a written agreement must be attached to the pleading as provided by subdivision (i).

   New subdivision (i) has been added to govern writings generally. The new subdivision is derived from present subdivision (h) and provides that a writing or the material part thereof be attached to the pleading. Written agreements are ''writings'' and thus subject to the rule.

By the Civil Procedural Rules Committee

REA BOYLAN THOMAS,   
Chair

[Pa.B. Doc. No. 00-2154. Filed for public inspection December 15, 2000, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.