Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 5598 (August 31, 2024).

231 Pa. Code Rule 1017. Pleadings Allowed.

PLEADINGS


Rule 1017. Pleadings Allowed.

 (a)  Except as provided by Rule 1041.1, the pleadings in an action are limited to

   (1)  a complaint and an answer thereto,

   Official Note

   The term ‘‘complaint’’ includes a complaint to join an additional defendant.

   (2)  a reply if the answer contains new matter a counterclaim or a cross-claim,

   (3)  a counter-reply if the reply to a counterclaim or cross-claim contains new matter,

   (4)  a preliminary objection and a response thereto.

   Official Note

   Pleading in asbestos litigation is governed by Rule 1041.1.  An answer needs to be filed to a preliminary objection only when the preliminary objection alleges facts not of record. See Rule 1028(c)(2), note.

 (b)  Rescinded.

   Official Note

   The grounds for preliminary objections are set forth in Rule 1028(a).

 (c)  No formal joinder of issues is required.

   Official Note

   The Civil Procedural Rules Committee, by communication dated August 27, 1969, announced that amendment of this rule effective September 1, 1969 applied to pending actions.

Source

   The provisions of this Rule 1017 adopted June 25, 1946, effective January 1, 1947; amended June 27, 1969, effective September 1, 1969; amended January 7, 1971, effective February 15, 1971; amended June 28, 1974, effective June 28, 1974; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended April 4, 1990, effective July 1, 1990, 20 Pa.B. 2281; amended July 18, 1991, effective January 1, 1992, 21 Pa.B. 3400; amended March 23, 2007, effective June 1, 2007, 37 Pa.B. 1480. Immediately preceding text appears at serial page (308940).



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