[34 Pa.B. 9]
[Continued from previous Web Page]
CHAPTER 2000. ACTIONS BY REAL PARTIES IN INTEREST Rule 2001. Definitions
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court of record which is subject to these rules.
CHAPTER 2020. MINORS AS PARTIES Rule 2026. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court of record which is subject to these rules;
* * * * * ''judgment'' means any final judgment or final [decree] order entered in any action.
CHAPTER 2050. INCAPACITATED PERSONS AS PARTIES Rule 2051. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court of record which is subject to these rules;
* * * * *
CHAPTER 2100. THE COMMONWEALTH AND POLITICAL SUBDIVISIONS AS PARTIES Rule 2101. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court which is subject to these rules.
* * * * *
CHAPTER 2120. PARTNERSHIPS AS PARTIES Rule 2126. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court which is subject to these rules;
* * * * * Rule 2129. Actions between partnerships and partners.
An action may be prosecuted [at law] by a partnership against one or more of the partners thereof, or against such partners together with persons not partners; or by one or more partners, or by such partners together with other persons not partners, against the partnership. [No such action may be prosecuted in equity unless there is ground for equitable jurisdiction other than the fact that the action is between a partnership and one or more partners.]
Rule 2130. Venue.
(a) Except as otherwise provided by Rule 1006(a.1) and by subdivision (c) of this rule, an action against a partnership may be brought in and only in a county where the partnership regularly conducts business, or in the county where the cause of action arose or in a county where a transaction or occurrence took place out of which the cause of actions arose or in the county where the property or a part of the property which is the subject matter of the action is located provided that equitable relief is sought with respect to the property.
* * * * *
CHAPTER 2150. UNINCORPORATED ASSOCIATIONS AS PARTIES Rule 2151. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court which is subject to these rules;
* * * * * Rule 2154. Actions between associations and members.
An action may be prosecuted [at law] by an association against one or more of the members thereof, or against such members together with persons not members; or by one or more members, or by such members together with other persons not members, against the association. [No such action may be prosecuted in equity unless there is ground for equitable jurisdiction other than the fact that the action is between an association and one or more members.]
* * * * * Rule 2156. Venue.
(a) Except as otherwise provided by Rule 1006(a.1) and by subdivision (b) of this rule, an action against an association may be brought in and only in a county where the association regularly conducts business or any association activity, or in the county where the cause of action arose or in a county where a transaction or occurrence took place out of which the cause of actions arose or in the county where the property or a part of the property which is the subject matter of the action is located provided that equitable relief is sought with respect to the property.
* * * * *
CHAPTER 2170. CORPORATIONS AND SIMILAR ENTITIES AS PARTIES Rule 2176. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court which is subject to these rules;
* * * * * Rule 2178. Actions between a corporation or similar entity and members thereof.
An action may be prosecuted by a corporation or similar entity against one or more of the members thereof, or against members together with persons not members; or by one or more members, or by members together with other persons not members, against the corporation or similar entity. [No such action may be prosecuted in equity unless there is ground for equitable jurisdiction other than the fact that the action is between a corporation or similar entity and one or more members thereof.]
Official Note: This rule is [an adaptation of Pa. R.C.P. No. 2129 (Partnerships as Parties), and Pa. R.C.P. No. 2154 (Unincorporated associations as parties).
It is] designed to apply to all actions between a corporation or similar entity and its members, including those actions in which an accounting has been asked.
Rule 2179. Venue.
(a) Except as otherwise provided by an Act of Assembly, by Rule 1006(a.1) or by subdivision (b) of this rule, a personal action against a corporation or similar entity may be brought in and only in
* * * * * (3) the county where the cause of action arose; [or]
(4) a county where a transaction or occurrence took place out of which the cause of action arose[.], or
(5) a county where the property or a part of the property which is the subject matter of the action is located provided that equitable relief is sought with respect to the property.
* * * * *
CHAPTER 2200. ACTIONS FOR WRONGFUL DEATH Rule 2201. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law] brought in or appealed to any court of record which is subject to these rules;
* * * * *
CHAPTER 2220. JOINDER OF PARTIES Rule 2226. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court of record which is subject to these rules.
CHAPTER 2250. JOINDER OF ADDITIONAL DEFENDANTS Rule 2251. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court of record which is subject to these rules.
* * * * *
CHAPTER 2300. INTERPLEADER BY DEFENDANTS Rule 2301. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court which is subject to these rules;
* * * * * Rule 2318. Exclusive method [at law; equity]. Civil Action interpleader preserved.
The right of interpleader conferred by these rules shall be the exclusive method of interpleader in any action [at law] and shall be in addition to, and not in lieu of, the right to [file a bill in equity] commence a civil action for an interpleader.
CHAPTER 2320. INTERVENTION Rule 2326. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court of record which is subject to these rules.
Rule 2328. Petition to intervene.
(a) Application for leave to intervene shall be made by a petition in the form of and verified in the manner of a plaintiff's initial pleading in a civil action, setting forth the ground on which intervention is sought and a statement of the relief or the defense which the petitioner desires to demand or assert. The petitioner shall attach to the petition a copy of any pleading which the petitioner will file in the action if permitted to intervene or shall state in the petition that the petitioner adopts by reference in whole or in part certain named pleadings or parts of pleadings already filed in the action.
[Official Note: This subdivision adopts the equity practice. See Franklin Nat. Bank v. Kennerly Coal & Coke Co., 300 Pa. 479, 483, 484, 150 A. 902 (1930).]
* * * * *
CHAPTER 2350. SUBSTITUTION OF PARTIES Rule 2351. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court of record which is subject to these rules, including actions to obtain judgment upon a mechanics' lien claim but shall not include actions to enforce municipal liens and claims;
* * * * *
CHAPTER 3000. JUDGMENTS
Subchapter A. TRANSFER OF JUDGMENTS TO OTHER COUNTIES Rule 3001. Definition.
As used in this chapter
''judgment'' means a judgment[,] or order [or decree] requiring the payment of money or adjudicating the right to possession in an action of replevin, including a final or interlocutory order for the payment of costs entered in any court which is subject to these rules, either originally or upon transcript or certification from another court within the same county.
Subchapter D. ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY Rule 3101. Definitions; garnishee.
(a) As used in this chapter
''judgment'' means a judgment[,] or order[, or decree] requiring the payment of money entered in any court which is subject to these rules, including a final or interlocutory order for payment of costs, except a judgment against the Commonwealth, a political subdivision or a public authority;
Official Note: The enforcement of judgments in special actions of ejectment, replevin and mortgage foreclosure [are] is governed by Rules of Civil Procedure 3160 et seq.
* * * * * Rule 3131. Sale of real property located in more than one county.
* * * * * (c) The court may enter judgment upon the pleadings or take evidence by deposition or otherwise, shall [decree] order the extent of the real property which shall be subjected to execution, describing it by metes and bounds, shall designate the place of sale, and shall control the distribution of the proceeds of sale. The court may apportion the proceeds so as to satisfy prior lienors, including those having a lien upon a portion of a single tract which lay in a different county and which was not sold on execution.
* * * * *
CHAPTER 4000. DEPOSITIONS AND DISCOVERY Rule 4001. Scope. Definitions.
(a) The rules of this chapter apply to any civil action or proceeding [at law or in equity] brought in or appealed to any court which is subject to these rules including any action pursuant to the Eminent Domain Code of 1964 or the Municipal Claims Act of 1923.
* * * * *
EXPLANATORY COMMENT
Consolidation of the Action in Equity with the Civil Action
Introduction I. Amendments to the Rules Governing the Civil Action II. Amendment of the Rules Governing the Action in Equity III. Conforming Amendments Tables Introduction
The separate action in equity has been abolished and the rules governing the civil action have been amended to include equitable relief. The consolidated civil action allows the court in a ''unified judicial system'' to grant the relief to which the parties are entitled, whether legal or equitable.
The amendments address the concept of form of action, not cause of action. In merging the action in equity into the civil action, the action in equity as a separate form of action has been abolished but the cause of action in equity remains. The amendments have no effect upon a party's entitlement to equitable relief. Stated another way, a court may grant equitable relief only if a party is entitled to such relief as a matter of law.1
While a substantial number of civil action and equity rules have been affected by the consolidation, many rules remain unchanged. Table I appended to this comment lists the civil action and equity rules which have been amended. Table II lists those equity rules which have been rescinded. Table III sets forth those rules which are not affected by the consolidation of the civil action and the action in equity. Finally, Table IV lists the conforming amendments, i.e., additional rules of civil procedure affected by the consolidation.
I. Amendments to the Rules Governing the Civil Action
a. Scope of the Civil Action
Rule 1001(b) has been amended to define the civil action as one ''in which shall be brought all claims for relief heretofore asserted in'' the actions of assumpsit, trespass and equity. Rule 1501 conforming the procedure in the action in equity to the procedure of the civil action has been rescinded.
Rule 1506 (stockholder's derivative suits), Rule 1521 (indexing of the decree), Rule 1531 (injunctive relief), Rule 1532 (perpetuation of testimony), Rule 1533 (receivers), Rule 1534 (accounting by fiduciaries) and Rule 1535 (objections to security) continue as part of the civil action. These rules provide the procedure when equitable relief is sought in the context of the civil action.
The action to prevent waste has been abolished. The relief sought in that action is injunctive relief which may be obtained in the consolidated civil action.
The action for declaratory judgment remains a separate form of action. Rule 1601 governing the action when declaratory relief alone is sought has been amended to provide that the procedure will conform to the civil action rather than to the action in equity. Rule 1602 governing the procedure when declaratory relief is sought as ancillary relief has been amended to delete the phrase ''at law or in equity'' but is otherwise unchanged.
The action for partition of real property also remains a separate form of action. Rules 1551, 1569, 1570 and 1573 are amended to conform the procedure to the civil action rather than the action in equity.
b. Venue
The former civil action venue provision in Rule 1006(a) continues as subdivision (a)(1). New subdivision (a)(2) has been added to provide venue when equitable relief is sought with respect to property. Similar to its counterpart in rescinded Rule 1503, subdivision (a)(2) authorizes venue in the county in which
(2) the property or a part of the property which is the subject matter of the action is located provided that equitable relief is sought with respect to the property.Conforming amendments are made to Venue Rules 2130 (partnerships), 2156 (unincorporated associations) and 2178 (corporations and similar entities).
c. Service of Original Process
Prior to the present amendment, Rule 400(b), in relevant part, authorized service in an action in equity to be made by the sheriff or a competent adult. The rule as amended is more limited, applying to a ''civil action in which the complaint includes a request for injunctive relief under Rule 1531, perpetuation of testimony under Rule 1532 or appointment of a receiver under Rule 1533.''
Rule 400(b) is also amended to delete the reference to the action to prevent waste which, as noted above, is no longer a separate form of action.
The note to Service Rule 440(d) has been amended by deleting the reference to a ''decree.'' As noted later in this comment, the term ''decree'' has been eliminated in favor of the term ''order.''
Equity Rule 1505. ''Defendant Not Served,'' has been rescinded as unnecessary.
d. Trial by Jury
The right to trial by jury is either constitutionally mandated or provided by Act of Assembly. The merger of the action in equity into the civil action does not affect the right so provided.
Consequently, Rule 1007.1 governing trial by jury remains unchanged. A note has been added to Rule 1007.1(a) to cross-refer to Rule 128(f) providing that ''no rule shall be construed to confer a right to trial by jury where such right does not otherwise exist.'' The elimination of the reference to subdivision (d) (previously rescinded) and the rescission of the note to subdivision (d) effect no change in practice.
Rule 1513 providing for trial by jury and an advisory verdict in the action in equity has been retained in the civil action as new Rule 1038.3. Language is added to ensure that the rule will be limited to civil actions in which there is a claim for equitable relief.
A case may involve claims, one or more of which are triable by jury and others which are triable by the court without a jury. Such a case will necessarily require that the court exercise its discretion in the manner in which the case will proceed. For instance, the court may need to decide whether all claims should be tried at the same time or certain claims should be bifurcated, whether claims triable by jury should be tried before or after claims tried to the court, and whether to invoke new Rule 1038.3 providing for an advisory verdict. Rules cannot dictate the procedure for a particular case. The course of the proceedings will depend upon the ''good judgment'' of the court in viewing the totality of the case.
e. Joinder of Causes of Action
Rule 1020(a) governing the permissive joinder of causes of action is revised to refer to a ''cause of action cognizable in a civil action'' rather than a ''cause of action heretofore asserted in assumpsit and trespass.'' Causes of action cognizable in a civil action are set forth in Rule 1001(b) and include the former actions of assumpsit, trespass and equity.
Subdivision (d)(1) of Rule 1020 governs mandatory joinder of related causes of action. It is revised to include related causes of action ''heretofore asserted in assumpsit and trespass'' but makes no mention of causes of action in equity. Thus, the former mandatory provision is continued only as to related claims previously asserted in assumpsit and trespass. The former practice of permissive joinder of related claims in equity is also continued.
The mandatory joinder of related causes of action for equitable relief is not feasible. It frequently occurs that equitable relief is needed quickly before a suit with all of its aspects may be prepared and filed. In addition, the full ramifications of a transaction or occurrence may not be fully known at the time an action is commenced, making it impossible to initially request all of the relief which eventually may be determined to be appropriate.
Subdivision (d) of Rule 1020 was formerly divided into five paragraphs, three of which were previously rescinded. Subdivision (d)(4) has been transposed to paragraph (1) as the second sentence. Consequently, subdivisions (d)(2) through (5) have been deleted and subdivision (d)(1) has become simply subdivision (d).
In light of the foregoing, Rule 1508 governing the pleading of more than one cause of action in equity has been rescinded.
With respect to a counterclaim, Equity Rule 1510 has been rescinded and Civil Action Rule 1031 has been amended to allow the pleading as a counterclaim of ''any cause of action cognizable in a civil action.''
f. Preliminary Objections and Defenses
Prior to the present amendment, Rule 1028(a) set forth six preliminary objections which applied to the civil action and which were incorporated into the action in equity by Rule 1509(a). These six preliminary objections, subdivision (a)(1) through (6), will continue to be applicable to the consolidated civil action.
Two new objections have been added to Rule 1028(a) as subparagraphs (7) and (8). These new provisions are derived from former Equity Rule 1509(b) and (c).
Rule 1509(b) provided for the objections of laches and failure to exercise or exhaust a statutory remedy to be raised by preliminary objection, answer or reply. However, the objections were not waived if not pleaded. These two objections have been disposed of separately. First, the objection of laches will be raised in new matter only. To this end, laches has not been included in amended Rule 1028(a) as a preliminary objection but continues as part of the list of defenses set forth in Rule 1030 governing new matter. Second, the objection of failure to exercise or exhaust a statutory remedy will be limited to preliminary objections. To this end, this objection has been included in Rule 1028(a) as new paragraph (7). Under Rule 1032(a) governing waiver of defenses, as amended, the objection of laches will be waived for failure to plead it but the objection of failure to exercise or exhaust a statutory remedy will not be waived.
Rule 1509(c) provided for the objection of the existence of a full, complete and adequate non-statutory remedy at law to be raised by preliminary objection. The rule made two points with respect to the objection. First, the objection was waived for failure to plead it. Second, if the objection was sustained, the court was required to certify the action to the law side of the court.
The objection of the existence of a full, complete and adequate non-statutory remedy at law has been added to Rule 1028(a) as new paragraph (8). At the same time, Rule 1032(a) has been amended to provide that there will be no waiver if the defense is not pleaded.
The provision of the present equity rule for transfer to the law side of the court in the event the objection is sustained, has not been continued. Under the consolidated civil action, there is no law side and no equity side. There is simply ''the court'' which is empowered to grant appropriate relief whether legal or equitable.
Although the procedural aspect of the objection of the existence of a full, complete and adequate non-statutory remedy at law is not continued, the objection retains vitality as a principle of substantive law barring the court from granting equitable relief.
g. Default Judgment
Civil Action Rule 1037 (b) is revised to prohibit the prothonotary from granting equitable relief admitted to be due by the defendant's pleadings. This is left to new subdivision (d) which incorporates the substance of former Equity Rule 1511(b) providing that ''In all cases, the court shall enter an appropriate final decree . . .'' In view of the amendment to Rule 1037, Equity Rule 1511 has been rescinded.
h. Decision and Adjudication
Civil Action Rule 1038, ''Trial without Jury,'' will govern trials of the consolidated civil action by a judge without a jury. There are two technical revisions to the rule which are unrelated to the basic purpose of consolidating the civil action and the action in equity. The first is a conforming amendment to subdivision (a)(1) deleting as unnecessary the words ''suffer or'' with respect to a nonsuit. The second is the deletion of references to previously rescinded subdivisions (d) through (f) and obsolete subdivision (g).
A note has been added to the rule explaining that a decision includes what were formerly known as an adjudication and a decree nisi. Thus, a trial judge sitting without a jury will, at the conclusion of the trial, render a decision which will grant or deny relief, whether legal or equitable, as may be appropriate. Unless there is an Act of Assembly or general rule to the contrary, the decision will not constitute a final order or judgment.
The former practice in an action in equity set forth in the following rules has been abolished:
1. Rule 1516 governing oral argument and providing a limitation on requests for findings and conclusions,
2. Rule 1517 governing the adjudication, and
3. Rule 1520 governing the form of decree.
II. Amendments to the Rules Governing the Action in Equity
a. Equity Rules Rescinded
The following rules were discussed In Part I and have been rescinded in light of amendments to the civil actions rules.
Rule 1501. Conformity to Civil Action Rule 1503. Venue Rule 1505. Defendant Not Served Rule 1508. Pleading More than One Cause of Action Rule 1509. Preliminary Objections Rule 1510. Counterclaim Rule 1511. Judgment upon Default or Admission Rule 1513. Trial by Jury. Advisory Verdict Rule 1516. Oral Argument. Limitation on Requests for Findings and Conclusions Rule 1517. The Adjudication. Notice Rule 1520. Form of Decree The following rules have also been rescinded:
1. Rule 1502. Court Open
Rule 1502 providing that the equity side of the court shall always be open has been rescinded as unnecessary in light of Section 324 of the Judicial Code, 42 Pa.C.S. § 324, which contains a similar provision.
2. Rule 1507. Possible Persons Interested in Property
Rule 1507 was concerned with ''a person interested in property'' who should be made a party ''but the person's name or interest in the property cannot be ascertained and the person is not represented in the action.'' The rule has been rescinded as unnecessary since the subject of the rule is covered by the law relating to indispensable parties.
3. Rule 1514. Examiners, Masters and Auditors
4. Rule 1515. Accountants and Experts
The court has inherent power to appoint such persons as are necessary to enable or facilitate the court in deciding cases. Rules providing for the appointment of such persons or denying that power are not required in the consolidated civil action.
5. Rule 1522. Rehearing
Rule 1522 governing rehearing is rescinded as unnecessary in light of Rule of Appellate Procedure 1701(b) providing for reconsideration of an order.
6. Rules 1523 through 1527. Costs
Costs have been sought in a civil action though no rules prescribe a procedure to do so. Special rules are not required simply because the civil action will include equitable as well as legal relief. Thus, Rules 1523 through 1527 have been rescinded.
7. Rule 1528. Amendments
Rule 1528 governed amendment of the prayer for relief in an action in equity. Civil Action Rule 1033 provides a procedure for the amendment of a pleading. Consequently, Rule 1528 has been rescinded as unnecessary.
8. Rule 1529. Enforcement of Orders. Execution Process
Rule 1529, concerned with several aspects of execution process, has been rescinded.
Subdivision (a) of the rule made execution process available in actions at law available also to actions in equity. With the consolidation of the forms of action, this provision is no longer necessary.
Subdivision (b) authorized the court to order the prothonotary or sheriff to perform an act which the party fails to perform. The power of contempt rendered this provision unnecessary.
Subdivision (c) referred to arrest by attachment. Arrest, though limited by the Judicial Code, is an inherent power for which a rule is not necessary.
9. Rule 1530. Special Relief. Accounting
Civil Action Rule 1021 presently permits a party to demand relief in the alternative or of several different types, ''including an accounting.'' There are no special civil action rules governing an accounting yet the remedy is available in the civil action. No special rule is required to govern an accounting so that Rule 1530 has been rescinded.
10. Rule 1536. Effective Date. Pending Actions
Rule 1536 has been rescinded as obsolete. It had application only upon promulgation of the original equity rules in 1952.
b. Equity Rules Amended
1. Rule 1521. Indexing of Decree. Lien and Revival of Decree for Payment of Money
Rule 1521 is revised to eliminate references to the law side of the court. Otherwise, the rule remains unchanged.
2. Rule 1531. Special Relief. Injunctions
Rule 1531(f) is revised by substituting the term ''order'' in place of ''decree.'' In addition, the cross-reference is revised as it referred to Rule 1517 which is rescinded. The revised reference is to Rule 1038(b) and (c) which govern trials without a jury whether the relief sought is legal or equitable.
3. Rule 1532. Special Relief. Perpetuation of Testimony
Rule 1533. Special Relief. Receivers
Rule 1532(b) and Rule 1533(e) and (g) of Rule 1533 are revised by substituting the term ''order'' in place of ''decree.''
c. Equity Rules Unchanged
Three former equity rules remain unchanged. However, instead of being viewed as rules governing the action in equity, they will be considered as rules governing equitable relief in the context of a civil action. These rules are:
1. Rule 1506. Stockholder's Derivative Action
2. Rule 1534. Accounting by Fiduciaries
3. Rule 1535. Objections to Security
III. Conforming Amendments
The conforming amendments revise various rules to accommodate the consolidated civil action. These amendments do not themselves affect practice or procedure. Generally, the amendments delete references to actions at law and actions in equity, replacing them with the ''civil action.'' Similarly, the terms ''decree'' and ''adjudication'' found in a number of rules are deleted and replaced with the terms ''order'' and ''decision.''
By the Civil Procedural Rules Committee
R. STANTON WETTICK, Jr.,
Chair
Tables
I. Civil Action and Equity Rules Amended
Civil Action Rules Rule 1001. Definition. Scope Rule 1006. Venue. Change of Venue Rule 1007.1. Jury Trial. Demand. Waiver Rule 1020. Pleading More than One Cause of action. Alternative Pleading. Failure to Join. Bar Rule 1028. Preliminary Objections Rule 1031. Counterclaim Rule 1032. Waiver of Defenses. Exceptions. Suggestion of Lack of Subject Matter Jurisdiction of Failure to Join Indispensable Party Rule 1037. Judgment Upon Default or Admission. Assessment of Damages Rule 1038. Trial Without Jury Order Effective February 8, 1969
Captioning and Docketing of Actions and Proceedings in the Courts of Common Pleas
Equity Rule 1521. Indexing of Decree. Lien and Revival of Decree for Payment of Money Rule 1531. Special Relief. Injunctions Rule 1532. Special Relief. Perpetuation of Testimony Rule 1533. Special Relief. Receivers Rule 1549. Acts of Assembly Not Suspended Rule 1550. Acts of Assembly Suspended
II. Equity Rules Rescinded
Rule 1501. Conformity to Civil Action Rule 1502. Court Open Rule 1503. Venue Rule 1504. (Previously rescinded) Rule 1505. Defendant Not Served Rule 1507. Specific Averments. Possible Persons Interested in Property. Appointment of a Representative Rule 1508. Pleading More than One Cause of Action Rule 1509. Preliminary Objections Rule 1510. Counterclaim Rule 1511. Judgment upon Default or Admission Rule 1512. Nonsuit Rule 1513. Trial by Jury. Advisory Verdict Rule 1514. Examiners, Masters and Auditors Rule 1515. Accountants and Experts Rule 1516. Oral Argument. Limitation On Requests for Findings and Conclusions Rule 1517. The Adjudication. Notice Rule 1518. (Previously rescinded) Rule 1519. (Previously rescinded) Rule 1520. Form of Decree Rule 1522. Rehearing Rule 1523. Costs Rule 1524. Security for Costs Rule 1525. Interlocutory Order for Costs Rule 1526. Liability for Costs Rule 1527. Taxation of Costs Rule 1528. Amendments Rule 1529. Enforcement of Orders. Execution Process Rule 1530. Special Relief. Accounting Rule 1536. Effective Date. Pending Actions
III. Civil Action and Equity Rules Unaffected
Civil Action Rule 1002. Authority of Attorney Rule 1003. Waiver of Rules. Extension of Time Rule 1007. Commencement of Action Rule 1012. Entry of Appearance. Withdrawal of Appearance. Notice Rule 1018. Caption Rule 1018.1. Notice to Defend. Form Rule 1019. Contents of Pleadings. General and Specific Averments Rule 1021. Claim for relief. Determination of Amount in Controversy Rule 1022. Paragraphing Rule 1023.1 et seq. Signing of Documents Rule 1024. Verification Rule 1025. Endorsement Rule 1026. Time for Filing. Notice to Plead Rule 1029. Denials. Effect of Failure to Deny Rule 1030. New Matter Rule 1033. Amendment Rule 1034. Motion for Judgment on the Pleadings Rules 1035.1--
1035.5.Summary Judgment Rule 1036. Dismissal Upon Affidavit of Noninvolvement Rule 1038.1. Case Submitted on Stipulated Facts Rule 1038.2. Abolition of Case Stated
Equity Rule 1506. Stockholder's Derivative Action Rule 1534. Accounting by Fiduciaries Rule 1535. Objections to Security
IV. Conforming Amendments
Business of the Courts Rule 205.4. Electronic Filing And Service of Legal Papers Rule 227.1. Post-Trial Relief Rule 227.4. Entry of Judgment upon Praecipe of a Party Rule 236. Notice by Prothonotary of Entry of Order, Decree, or Judgment Rule 237. Notice of Praecipe for Final Judgment or Decree Rule 249. Authority of Individual Judge Rule 250. Scope of Chapter
Service Rule 400. Person to Make Service Rule 440. Service of Legal Papers other than Original Process
Action to Quiet Title Rule 1066. Form of Judgment or Order
Action of Mortgage Foreclosure Rule 1141. Definitions. Conformity to Civil Action
Partition of Real Property Rule 1551. Form of Action Rule 1569. Master's Report. Exceptions Rule 1570. Adjudication and Decree. Decision Rule 1573. Return of Sale and Schedule of Distribution
Action to Prevent Waste Rule 1576. Remedies in Pending Actions Rule 1577. Original Actions. Conformity to Equity
Action for Declaratory Judgment Rule 1601. Action for Declaratory Relief Alone. Jury Trial. Waiver Rule 1602. Declaratory Judgment as Ancillary Relief
Actions by Real Parties in Interest Rule 2001. Definitions
Minors as Parties Rule 2026. Definitions
Incapacitated Persons as Parties Rule 2051. Definitions
The Commonwealth and Political Subdivisions as Parties Rule 2101. Definitions
Partnerships as Parties Rule 2126. Definitions Rule 2129. Actions between Partnerships and Partners Rule 2130. Venue
Unincorporated Associations as Parties Rule 2151. Definitions Rule 2154. Actions between Associations and Members Rule 2156. Venue
Corporations and Similar Entities as Parties Rule 2176. Definitions Rule 2178. Actions between a Corporation or Similar Entity and Members Thereof Rule 2179. Venue
Actions for Wrongful Death Rule 2201. Definitions
Joinder of Parties Rule 2226. Definitions
Joinder of Additional Defendants Rule 2251. Definitions
Interpleader by Defendants Rule 2301. Definitions Rule 2318. Exclusive Method at Law. Equity Interpleader Preserved
Intervention Rule 2326. Definitions Rule 2328. Petition to Intervene
Substitution of Parties Rule 2351. Definitions
Transfer of Judgments to Other Counties Rule 3001. Definition
Enforcement of Judgments for the Payment of Money Rule 3101. Definitions. Garnishee Rule 3131. Sale of Real Property Located in More than One County
Discovery Rule 4001. Definitions ______
1The Order of 1969 is published in the Pennsylvania Rules of Court Pamphlet (West Group 2003) following Rule of Civil Procedure 1018.
1The discussion under Rule 1028 (Preliminary objections) of the objection of the existence of a full, complete and adequate non-statutory remedy at law illustrates this point.
[Pa.B. Doc. No. 04-3. Filed for public inspection January 2, 2004, 9:00 a.m.]
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