GENERAL
Rule 1001. Definition. Scope.
(a) As used in this chapter and in Rules 1506 and 1531 through 1535, ‘‘action’’ means a civil action brought in or appealed to any court which is subject to these rules.
(b) There shall be a ‘‘civil action’’ in which shall be brought all claims for relief heretofore aserted in
(1) the action of assumpsit,
(2) the action of trespass, and
(3) the action in equity.
Official Note
The procedural distinctions between the forms of action in assumpsit, trespass and equity are abolished.
The following rules govern particular types of equitable relief: Rule 1506 (stockholder’s derivative suits), Rule 1531 (injunctions), Rule 1532 (perpetuation of testimony), Rule 1533 (receivers), Rule 1534 (Accounting by Fiduciaries) and Rule 1535 (objections to security).
The action to prevent waste has been abolished. The relief formerly available in that action may be obtained in a civil action seeking equitable relief.
See Rule 1041.1 for special provisions governing asbestos litigation.
(c) Other forms of action which incorporate these rules by reference shall be known as ‘‘civil action—[type of action].’’
Official Note
For example, the action of mandamus shall be known as ‘‘civil action—mandamus.’’
Source The provisions of this Rule 1001 adopted June 25, 1946, effective January 1, 1947; amended through December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended April 4, 1990, effective July 1, 1990, 20 Pa.B. 2281; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended October 15, 2004, effective immediately, 34 Pa.B. 5889. Immediately preceding text appears at serial pages (302448) to (302449).
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 Code 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.
