231 Pa. Code Rule 1020. Pleading More Than One Cause of Action. Alternative Pleading. Failure to Join. Bar.

Rule 1020. Pleading More Than One Cause of Action. Alternative Pleading. Failure to Join. Bar.

(a)  Pleading More Than One Cause of Action. The plaintiff may state in the complaint more than one cause of action cognizable in a civil action against the same defendant. Each cause of action and any special damage related thereto shall be stated in a separate count containing a demand for relief.

(b)  Joinder. If persons join as plaintiffs under Rules 2228, 2229(a) or (e), the complaint shall state the cause of action, any special damage, and the demand for relief of each plaintiff in a separate count, preceded by a heading naming the parties to the cause of action therein set forth.
(c)  Alternative Pleading. Causes of action and defenses may be pleaded in the alternative.
(d)  Failure to Join—Waiver. If a transaction or occurrence gives rise to more than one cause of action heretofore asserted in assumpsit and trespass, against the same person, including causes of action in the alternative, they shall be joined in separate counts in the action against any such person. Failure to join a cause of action as required by this subdivision shall be deemed a waiver of that cause of action as against all parties to the action.

Comment:

   Regarding subdivision (a), the singular includes the plural, and the plural, the singular. See Pa.R.J.A. 105.
   Regarding subdivision (b), mandatory joinder is limited to related causes of action heretofore asserted in assumpsit and trespass. There is no mandatory joinder of related causes of action in equity. See Pa.R.Civ.P. 2226—2248 governing joinder. See Pa.R.Civ.P. 213(a)-(b) governing the consolidation and severance of causes of action.

Source

   The provisions of this Rule 1020 adopted June 25, 1946, effective January 1, 1947; amended through December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial pages (302456) to (302457).

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