Subchapter A. CIVIL ACTION
GENERAL Rule
1001. Definition. Scope.
1002. Authority of Attorney.
1003. Waiver of Rules. Extension of Time.
VENUE AND PROCESS
1006. Venue. Change of Venue.
1007. Commencement of Action.
1007.1. Jury Trial. Demand. Waiver.
1008. [Rescinded]
1009. Service. [Rescinded]
1010. Reissuance, Reinstatement and Substitution of Writ or Complaint. [Rescinded]
1011. Acceptance of Service.
1012. Entry of Appearance. Withdrawal of Appearance. Notice.
1012.1. Admission Pro Hac Vice. Motion. Content.
1013. Sheriff’s Return. [Rescinded]
PLEADINGS
1017. Pleadings Allowed.
1018. Caption.
1018.1. Notice to Defend. Form.
1019. Contents of Pleadings. General and Specific Averments.
1020. Pleading More Than One Cause of Action. Alternative Pleading. Failure to Join. Bar.
1021. Claim for Relief. Determination of Amount in Controversy.
1022. Paragraphing.
1023. [Rescinded].
1023.1. Scope. Signing of Documents. Representations to the Court. Violation.
1023.2. Motion for Sanctions.
1023.3. Sanctions upon Rule to Show Cause.
1023.4. Sanctions.
1024. Verification.
1025. Endorsement.
1026. Time for Filing. Notice to Plead.
1027. Service of Copies. [Rescinded]
1028. Preliminary Objections.
1029. Denials. Effect of Failure to Deny.
1030. New Matter.
1031. Counterclaim.
1031.1. Cross-claim.
1032. Waiver of Defenses. Exceptions. Suggestion of Lack of Subject Matter Jurisdiction or Failure to Join Indispensable Party.
1033. Amendment.
1034. Motion for Judgment on the Pleadings.
1035. Motion for Summary Judgment. [Rescinded]
1035.1. Motion for Summary Judgment. Definition.
1035.2. Motion.
1035.3. Response. Judgment for Failure to Respond.
1035.4. Affidavits.
1035.5. Procedure When Judgment Is Denied or Is Not Rendered Upon the Whole Case.
1036. Dismissal Upon Affidavit of Noninvolvement.
1036.1. Reinstatement of Claim Dismissed Upon Affidavit of Noninvolvement.
JUDGMENT UPON DEFAULT OR ADMISSION
1037. Judgment Upon Default or Admission. Assessment of Damages.
1038. Trial Without Jury.
1038.1. Case Submitted on Stipulated Facts.
1038.2. Abolition of Case Stated.
1038.3. Equitable Relief. Advisory Verdict by Jury.
1039. Entry of Judgment Upon Praecipe of a Party. [Rescinded]
1040. Suspension of Acts of Assembly.
Official Note
The Order of the Supreme Court, June 25, 1946, adopting the Rules of Civil Procedure governing Actions at Law, fixed Jan. 1, 1947, as the effective date and made said Rules applicable to actions pending at that time.
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).
Rule 1002. Authority of Attorney.
Any act other than verification required or authorized by this chapter to be done by a party may be done by the party’s attorney.
Source The provisions of this Rule 1002 adopted June 25, 1946, effective January 1, 1947; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (212289).
Rule 1003. Waiver of Rules. Extension of Time.
Rules relating to the manner of commencing an action or the time for serving process or for filing or serving pleadings may be waived by agreement of the parties. The court on cause shown may extend or shorten the time within which pleadings shall be filed or process served.
Source The provisions of this Rule 1003 adopted June 25, 1946, effective January 1, 1947.
VENUE AND PROCESS
Official Note
The Order of the Supreme Court, June 25, 1946, adopting the Rules of Civil Procedure governing Actions at Law, fixed Jan. 1, 1947, as the effective date and made said Rules applicable to actions pending at that time.
Rule 1006. Venue. Change of Venue.
(a) General Rule. Except as otherwise provided by subdivisions (b) and (c) of this rule, an action against an individual may be brought in and only in a county where
(1) the individual may be served;
(2) the cause of action arose;
(3) a transaction or occurrence took place out of which the cause of action arose;
(4) venue is authorized by law; or
(5) 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.
(b) Venue Designated by Rule. Actions against the following defendants, except as otherwise provided in subdivision (c), may be brought in and only in the counties designated by the following rules: political subdivisions, Rule 2103; partnerships, Rule 2130; unincorporated associations, Rule 2156; corporations and similar entities, Rule 2179.
(c) Joint and Several Liability Actions. An action to enforce a joint or joint and several liability against two or more defendants, except actions in which the Commonwealth is a party defendant, may be brought against all defendants in any county in which the venue may be laid against any one of the defendants under the general rules of subdivisions (a) or (b).
(d) Transfer of Venue.
(1) For the convenience of parties and witnesses, the court upon petition of any party may transfer an action to the appropriate court of any other county where the action could originally have been brought.
(2) If, upon petition and hearing, the court finds that a fair and impartial trial cannot be held in the county for reasons stated of record, the court may order that the action be transferred. The order changing venue shall be certified to the Supreme Court, which shall designate the county to which the case is to be transferred.
(3) It shall be the duty of the prothonotary of the court in which the action is pending to forward to the prothonotary of the county to which the action is transferred, certified copies of the docket entries, process, pleadings, depositions, and other papers filed in the action. The costs and fees of the petition for transfer and the removal of the record shall be paid by the petitioner in the first instance to be taxable as costs in the case.
(e) Improper Venue to be Raised by Preliminary Objection. Improper venue shall be raised by preliminary objection and if not so raised shall be waived. If a preliminary objection to venue is sustained, and there is a county of proper venue within the State, the action shall not be dismissed but shall be transferred to the appropriate court of that county. The costs and fees for transfer and removal of the record shall be paid by the plaintiff.
(f) Multiple Causes of Action. If the plaintiff states more than one cause of action against the same defendant in the complaint pursuant to Rule 1020(a), the action may be brought in any county in which any one of the individual causes of action might have been brought.
(g) The Civil Procedural Rules Committee shall reexamine the 2022 rule amendments two years after their effective date.
Comment: For a definition of transaction or occurrence, see Craig v. W. J. Thiele & Sons, Inc., 149 A.2d 35 (Pa. 1959).
For the recusal of the judge for interest or prejudice under subdivision (d)(2), see Rule 2.11 of the Code of Judicial Conduct.
Source The provisions of this Rule 1006 amended through June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended January 27, 2003, effective immediately, 33 Pa.B. 751; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended June 15, 2011, effective August 1, 2011, 41 Pa.B. 3526; amended April 29, 2016, effective immediately, 46 Pa.B. 2409; amended August 25, 2022, effective January 1, 2023, 52 Pa.B. 5792. Immediately preceding text appears at serial pages (381075) to (381076) and (400577).
Rule 1007. Commencement of Action.
An action may be commenced by filing with the prothonotary:
(1) a praecipe for a writ of summons, or
(2) a complaint.
Official Note
For the form of the writ of summons, see Rule 1351.
See Rule 205.5 governing the requirement for filing a cover sheet with the pleading commencing the action.
Rule 2005(b) does not authorize the filing of a praecipe for a writ of summons if an unknown defendant is to be identified by a Doe designation.
Source The provisions of this Rule 1007 amended July 18, 1991, effective January 1, 1992, 21 Pa.B. 3399; amended February 25, 2010, effective in ninety days, 40 Pa.B. 1395; amended January 24, 2019, effective April 1, 2019, 49 Pa.B. 608. Immediately preceding text appears at serial pages (381077) and (348251).
Rule 1007.1. Jury Trial. Demand. Waiver.
(a) Demand. In any action in which the right to jury trial exists, that right shall be deemed waived unless a party files and serves a written demand for a jury trial not later than twenty days after service of the last permissible pleading. The demand shall be made by endorsement on a pleading or by a separate writing.
(b) Arbitration Appeal. Where an appeal is taken from an award in compulsory arbitration and a jury trial has not theretofore been demanded, the right to a jury trial shall be deemed waived unless the appellant endorses a demand for a jury trial on the appeal, or unless the appellee files and serves a written demand for a jury trial not later than ten days after being served with the notice of appeal.
(c) Withdraw of Demand.
(1) A demand for trial by jury may not be withdrawn without the consent of all parties who have appeared in the action.
(2) A demand for a trial by jury on behalf of a party shall be deemed withdrawn if at the time a case is called for trial that party, without satisfactory excuse, fails to appear or appears but is not ready. Any other party appearing and ready who has not already demanded a trial by jury shall forthwith demand a trial by jury or shall be deemed to have waived the same.
Comment: This rule provides no specific guidance on the existence of a right to jury trial. See Pa.R.J.A. 109(g). A trial without jury shall be conducted in accordance with Pa.R.Civ.P. 1038.
Source The provisions of this Rule 1007.1 amended through April 23, 1985, effective July 1, 1985, 15 Pa.B. 1727; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; 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 (411427) to (411428).
Rule 1008. [Rescinded].
Source The provisions of this Rule 1008 rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452; reserved December 18, 2019, effective April 1, 2020, 50 Pa.B. 199. Immediately preceding text appears at serial page (395784).
Rule 1009. Service.
[Rescinded]
Official Note
For service of original process, see Rule 400 et seq.
Source The provisions of this Rule 1009 rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial pages (87239) to (87240), and (40033).
Rule 1010. Reissuance, Reinstatement and Substitution of Writ or Complaint.
[Rescinded]
Official Note
For reissuance, reinstatement and substitution of original process, see Rule 401(b).
Source The provisions of this Rule 1010 rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial pages (40033) and (87241).
Rule 1011. Acceptance of Service.
[Rescinded]
Official Note
For acceptance of service, see Rule 402(b).
Source The provisions of this Rule 1011 rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial page (87241).
Rule 1012. Entry of Appearance. Withdrawal of Appearance. Notice.
(a) A party may enter a written appearance which shall state an address at which pleadings and other legal papers may be served in the manner provided by Rule 440(a)(1) and a telephone number. The appearance may also include a telephone facsimile number as provided in Rule 440(d). Such appearance shall not constitute a waiver of the right to raise any defense including questions of jurisdiction or venue. Written notice of entry of an appearance shall be given forthwith to all parties.
Official Note
Entry of a written appearance is not mandatory.
The address endorsed on the entry of appearance must be one where the paper may be handed to or mailed to the attorney. See Rule 440(a)(1).
The inclusion of a telephone number for facsimile transmission constitutes an agreement to accept service of pleadings or other legal papers by that means. See Rule 440(d).
(b)(1) Except as provided in paragraph (2), an attorney may not withdraw his or her appearance without leave of court.
(2) An attorney may withdraw his or her appearance without leave of court if another attorney (i) has previously entered or (ii) is simultaneously entering an appearance on behalf of the party, and the change of attorneys does not delay any stage of the litigation.
(c) Leave of court to withdraw an appearance shall be sought by petition pursuant to subdivision (d) or subdivision (e) as may be applicable.
Official Note
Copies of the petition shall be served upon all other parties to the action pursuant to Rule 440.
(d)(1) If the whereabouts of the party on whose behalf the appearance was entered are known, the attorney shall
(i) set forth the address of that party in the petition,
(ii) serve notice of the petition on the party in the manner provided by Rule 440,
(iii) file a certificate of service of the notice with the petition, and
(iv) immediately notify the party by ordinary mail of the entry of an order granting leave to withdraw. The notice shall include a copy of the order.
(2) Other parties may use the address of the party set forth in the petition for the purpose of further proceedings in the action.
(e)(1) If the whereabouts of the party on whose behalf the appearance was entered are unknown, the attorney shall
(i) set forth the last known address of that party in the petition,
(ii) serve notice of the petition on the party by mail to the last known address set forth in the petition,
(iii) file a certificate of service of the notice with the petition. The certificate shall set forth with particularity the efforts made to locate the party and to effect service of the notice, and
(iv) shall immediately notify the party by ordinary mail to the last known address or by such other means as the court may direct of the entry of an order granting leave to withdraw. The notice shall include a copy of the order.
(2) Other parties may use the last known address of the party for the purpose of further proceedings in the action.
(f)(1) The entry of appearance under subdivision (a) shall be substantially in the following form:
Caption
Praecipe for Entry of Appearance
To the Prothonotary:
Enter my appearance on behalf of
. (Plaintiff/Defendant/Additional Defendant)Papers may be served at the address set forth below.
Attorney for Party Named Above and Identification Number
Firm
Address
City, State, Zip Code
Telephone Number
Fax Number for Service of Papers (Optional)Date:
Signature(2) A praecipe for withdrawal of appearance without leave of court pursuant to subdivision (b)(2)(i) shall be substantially in the following form:
Praecipe for Withdrawal of Appearance
Without Leave of Court
(Rule 1012(b)(2)(i))
To the Prothonotary:
Withdraw my appearance on behalf of
. (Plaintiff/Defendant/Additional Defendant)
has entered his/her appearance for the aforementioned party.I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief.
Date:
Signature(3) The substitution of counsel under subdivision (b)(2)(ii) shall be substantially in the following form:
Caption
Substitution of Counsel Without Leave of Court
(Rule 1012(b)(2)(ii))
Praecipe for Entry of Appearance
To the Prothonotary:
Enter my appearance on behalf of
. (Plaintiff/Defendant/Additional Defendant)I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief.
Papers may be served at the address set forth below.
Attorney for Party Named Above and Identification Number
Firm
Address
City, State, Zip Code
Telephone Number
Fax Number for Service of Papers (Optional)Date:
SignaturePraecipe for Withdrawal of Appearance
To the Prothonotary:
Withdraw my appearance on behalf of
. (Plaintiff/Defendant/Additional Defendant)
Source The provisions of this Rule 1012 adopted June 25, 1946, effective January 1, 1947; amended through December 5, 1985, effective January 1, 1986, 15 Pa.B. 4491; amended April 29, 2003, effective September 1, 2003, 33 Pa.B. 2356. Immediately preceding text appears at serial page (253200).
Rule 1012.1. Admission Pro Hac Vice. Motion. Content.
(a) As used in this rule,
‘‘candidate’’ means an attorney who is not admitted to the bar of the Commonwealth of Pennsylvania, but is admitted to the bar of and authorized to practice law in the highest court of another state or foreign jurisdiction and seeks admission pro hac vice;
Official Note
Pa.B.A.R. 301 states that the attorney seeking admission pro hac vice cannot act as the attorney of record.
‘‘sponsor’’ means an attorney who is admitted to the bar of the Commonwealth of Pennsylvania and moves for the admission of a candidate pro hac vice.
(b)(1) The sponsor shall file a written motion for admission pro hac vice in the action for which admission is sought. The motion shall: (i) aver that the information required by Section 81.504 of the IOLTA regulations has been provided to the IOLTA Board, and (ii) either aver that the fee required by Section 81.505(a) of the IOLTA regulations has been paid, include as an attachment a copy of a fee payment certification from the IOLTA Board, or aver that the payment of the fee is not required pursuant to Section 81.505(c) of the IOLTA regulations.
(2) The verifications required by subdivisions (c) and (d)(2) shall be attached to the motion.
(c) A candidate shall submit a verified statement
(1) identifying the jurisdictions in which he or she is or has been licensed and the corresponding bar license numbers. With respect to each jurisdiction identified, the candidate shall state whether he or she
(i) is or has ever been suspended, disbarred, or otherwise disciplined. The candidate shall provide a description of the circumstances for each occurrence of suspension, disbarment or other disciplinary action,
(ii) is subject to any disciplinary proceedings. The candidate shall provide a description of the circumstances under which the disciplinary action has been brought,
(2) setting forth the number of pending actions in all courts of record in Pennsylvania in which the candidate has applied for admission pro hac vice, and the number of actions in which the motion has been denied. If any motion for admission pro hac vice has been denied, the candidate shall list the caption, court and docket number of the action, and describe the reasons for the denial of the motion.
(3) stating that he or she shall comply with and be bound by the applicable statutes, case law and procedural rules of the Commonwealth of Pennsylvania, including the Pennsylvania Rules of Professional Conduct,
(4) stating that he or she shall submit to the jurisdiction of the Pennsylvania courts and the Pennsylvania Disciplinary Board with respect to acts and omissions occurring during the appearance in the matter for which admission pro hac vice is being sought,
(5) stating that he or she has consented to the appointment of the sponsor as the agent upon whom service of process shall be made for all actions, including disciplinary actions, that may arise out of the practice of law in the matter for which admission pro hac vice is sought.
(d)(1) The sponsor shall enter an appearance as attorney of record in the action on behalf of the party whom the candidate seeks to represent. Upon the motion being granted, the sponsor shall remain the attorney of record for that party, and shall sign and serve, or be served with as the case may be, all notices, orders, pleadings or other papers filed in the action, and shall attend all proceedings before the court unless excused by the court. Attendance of the sponsor at a deposition in discovery shall not be required unless ordered by the court.
(2) The sponsor shall submit a verified statement
(i) stating that after reasonable investigation, he or she reasonably believes the candidate to be a reputable and competent attorney and is in a position to recommend the candidate’s admission,
(ii) setting forth the number of cases in all courts of record in this Commonwealth in which he or she is acting as the sponsor of a candidate for admission pro hac vice, and
(iii) stating that the proceeds from the settlement of a cause of action in which the candidate is granted admission pro hac vice shall be received, held, distributed and accounted for in accordance with Rule 1.15 of the Pennsylvania Rules of Professional Conduct, including the IOLTA provisions thereof, if applicable.
(e) The court shall grant the motion unless the court, in its discretion, finds good cause for denial.
Official Note
Good cause may include one or more of the following grounds:
(1) the admission may be detrimental to the prompt, fair and efficient administration of justice,
(2) the admission may be detrimental to legitimate interests of the parties to the proceedings other than the client whom the candidate proposes to represent,
(3) the client who the candidate proposes to represent may be at risk of receiving inadequate representation and cannot adequately appreciate that risk,
(4) the candidate is not competent or ethically fit to practice law,
(5) the candidate is, in effect, practicing as a Pennsylvania attorney, in light of the nature and extent of the activities of the candidate in the Commonwealth, without complying with the Pennsylvania requirements for the admission to the bar. The court may weigh the number of other admissions to practice sought and/or obtained by the candidate from Pennsylvania courts, the question of whether or not the candidate maintains an office in Pennsylvania although the candidate is not admitted to practice in Pennsylvania courts, and other relevant factors,
(6) the number of cases in all courts of record in this Commonwealth in which the Pennsylvania attorney is acting as the sponsor prohibits the adequate supervision of the candidate,
(7) failure to comply with this rule, or
(8) any other reason the court, in its discretion, deems appropriate.
(f) The court may revoke an admission pro hac vice sua sponte or upon the motion of a party, if it determines, after a hearing or other meaningful opportunity to respond, the continued admission pro hac vice is inappropriate or inadvisable.
Source The provisions of this Rule 1012.1 adopted June 29, 2007, effective September 4, 2007, 37 Pa.B. 3225; amended December 10, 2013, effective February 10, 2014, 43 Pa.B. 7544. Immediately preceding text appears at serial pages (338885) to (338887).
Rule 1013. Sheriff’s Return.
[Rescinded]
Official Note
For the return of service, see Rule 405.
Source The provisions of this Rule 1013 rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial page (87241).
Official Note
The Order of the Supreme Court, June 25, 1946, adopting the Rules of Civil Procedure governing Actions at Law, fixed Jan. 1, 1947, as the effective date and made said Rules applicable to actions pending at that time.
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).
Rule 1018. Caption.
Every pleading shall contain a caption setting forth the name of the court, the number of the action and the name of the pleading. The caption of a complaint shall set forth the form of the action and the names of all the parties, including a Doe designation for an unknown defendant as provided in Rule 2005, but in other pleadings it is sufficient to state the name of the first party on each side in the complaint with an appropriate indication of other parties.
Official Note
Civil Actions and proceedings shall be captioned ‘‘Court of Common Pleas of
County—Civil Action’’ or other appropriate form of action.The caption of all legal papers filed in a medical professional liability action must contain the designation ‘‘Civil Action—Medical Professional Liability Action.’’ See Rule 1042.16.
The caption of all legal papers filed in a civil action by and against a minor must designate the minor by the initials of his or her first and last name. See Rule 2028.
Source The provisions of this Rule 1018 adopted June 25, 1946, effective January 1, 1947; amended October 15, 2004, effective immediately, 34 Pa.B. 5889; amended December 27, 2004, effective immediately, 35 Pa.B. 349; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 475; amended January 24, 2019, effective April 1, 2019, 49 Pa.B. 608. Immediately preceding text appears at serial pages (370002) and (390065).
Captioning and Docketing of Actions and Proceeding in the Courts of Common Pleas
ORDER
Effective February 8, 1969
(a) Matters heretofore within the jurisdiction of the Orphans’ Court shall be captioned as follows: ‘‘Court of Common Pleas of
County-Orphan’s Court Division’’ and shall be filed and docketed in the office or offices in which the records of the Orphans’ Court were heretofore maintained, as provided in Section 15 of the Schedule to Article V of the Constitution.(b) Civil actions and proceedings not covered by Subdivision (a) above shall be captioned as follows: ‘‘Court of Common Pleas of
County-Civil Action-Law’’ or ‘‘Civil Action-Equity’’, as the case may be, and shall be filed with and docketed by the prothonotary or clerk of courts as heretofore.(c) Criminal actions and proceedings shall be captioned as follows: ‘‘Court of Common Pleas of
County-Criminal’’, and shall be filed with the clerk of courts as provided by Section 15 of the Schedule to Article V of the Constitution.(d) Proceedings heretofore within the jurisdiction of the Juvenile Court shall be captioned as follows ‘‘Court of Common Pleas of
County-Juvenile’’ and shall be filed with the clerk of courts, as provided by Section 15 of the Schedule to Article V of the Constitution.(e) Local rules may require that the caption contain further identification of the nature of the action or proceeding.
(f) No action or proceeding may be dismissed by reason of an erroneous caption or docketing, but the court on motion of any party or on its own motion may correct the caption or direct appropriate docketing.
(g) Actions and proceedings in Multi-County Judicial Districts shall be captioned as follows: ‘‘Court of Common Pleas of the
Judicial District, County Branch. . .’’Rule 1018.1. Notice to Defend. Form.
(a) Every complaint filed by a plaintiff and every complaint filed by a defendant against an additional defendant shall begin with a notice to defend in substantially the form set forth in subdivision (b). No other notice to plead to a complaint shall be required.
(b) [CAPTION]
Notice
You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
(Name)
(Address)
(Telephone Number)
Official Note
The above notice does not change any of the rules relating to the pleading of objections and defenses. This rule applies to all complaints including those where service is by publication. For the mandatory content of the publication in such cases see Rule 430(b). When a defendant is served outside the United States, Rule 1026(b) provides a sixty-day period for pleading.
(c) Each court shall be local rule designate the officer, organization, agency or person to be named in the notice from whom information can be obtained.
(d) A court may by local rule require the notice to be repeated in one or more designated languages other than English.
Source The provisions of this Rule 1018.1 adopted January 23, 1975, effective July 1, 1975, 5 Pa.B. 326; amended July 1, 1975, effective August 1, 1975, 5 Pa.B. 1824; amended May 15, 1979, effective June 1, 1979, 9 Pa.B. 1854; amended June 10, 2003, effective September 1, 2003, 33 Pa.B. 2974. Immediately preceding text appears at serial pages (212294) and (271787).
Rule 1019. Contents of Pleadings. General and Specific Averments.
(a) The material facts on which a cause of action or defense is based shall be stated in a concise and summary form.
(b) Averments of fraud or mistake shall be averred with particularity. Malice, intent, knowledge, and other conditions of mind may be averred generally.
(c) In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. A denial of such performance or occurrence shall be made specifically and with particularity.
(d) In pleading an official document or official act, it is sufficient to identify it by reference and aver that the document was issued or the act done in compliance with law.
(e) In pleading a judgment, order or decision of a domestic or foreign court, judicial or administrative tribunal, or board, commission or officer, it is sufficient to aver the judgment, order or decision without setting forth matter showing jurisdiction to render it.
(f) Averments of time, place and items of special damage shall be specifically stated.
(g) Any part of a pleading may be incorporated by reference in another part of the same pleading or in another pleading in the same action. A party may incorporate by reference any matter of record in any State or Federal court of record whose records are within the county in which the action is pending, or any matter which is recorded or transcribed verbatim in the office of the prothonotary, clerk of any court of record, recorder of deeds or register of wills of such county.
(h) 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 subdivisioni (i) of this rule.
(i) 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.
Source The provisions of this Rule 1019 adopted June 25, 1946, effective January 1, 1947; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended November 28, 2000, effective January 1, 2001, 30 Pa.B. 6423. Immediately preceding text appears at serial pages (255201) to (255202).
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).
Rule 1021. Claim for Relief. Determination of Amount in Controversy.
(a) Any pleading demanding relief shall specify the relief sought. Relief in the alternative or of several different types, including an accounting, may be demanded.
(b) Any pleading demanding relief for unliquidated damages shall not claim any specific sum.
(c) In counties having rules governing compulsory arbitration the plaintiff shall state whether the amount claimed does or does not exceed the jurisdictional amount requiring arbitration referral by local rule.
(d) The court on its own motion or motion of any party may by discovery, pretrial conference, hearing or otherwise, determine the amount actually in controversy and enter an order of reference to arbitration.
Source The provisions of this Rule 1021 adopted June 25, 1946, effective January 1, 1947; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended December 21, 1993, effective July 1, 1994, 24 Pa.B. 119; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (234003).
Rule 1022. Paragraphing.
Every pleading shall be divided into paragraphs numbered consecutively. Each paragraph shall contain as far as practicable only one material allegation.
Source The provisions of this Rule 1022 adopted June 25, 1946, effective January 1, 1947.
Rule 1023. [Rescinded].
Source The provisions of this Rule 1023 adopted June 25, 1946, effective January 1, 1947; amended March 11, 1991, effective July 1, 1991, 21 Pa.B. 1274; amended August 11, 1997, effective December 1, 1997, 27 Pa.B. 4426; reserved April 22, 2002, effective July 1, 2002, 32 Pa.B. 2315. Immediately preceding text appears at serial pages (255203) to (255204).
Rule 1023.1. Scope. Signing of Documents. Representations to the Court. Violation.
(a) Rules 1023.1 through 1023.4 do not apply to disclosures and discovery requests, responses, objections and discovery motions that are subject to the provisions of general rules.
(b) Every pleading, written motion, and other paper directed to the court shall be signed by at least one attorney of record in the attorney’s individual name, or, if the party is not represented by an attorney, shall be signed by the party. This rule shall not be construed to suspend or modify the provisions of Rule 1024 or Rule 1029(e).
(c) The signature of an attorney or pro se party constitutes a certificate that the signatory has read the pleading, motion, or other paper. By signing, filing, submitting, or later advocating such a document, the attorney or pro se party certifies that, to the best of that person’s knowledge, information and belief, formed after an inquiry reasonable under the circumstances,
(1) it is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation,
(2) the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification or reversal of existing law or the establishment of new law,
(3) the factual allegations have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and
(4) the denials of factual allegations are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief.
(d) If, after notice and a reasonable opportunity to respond, the court determines that subdivision (c) has been violated, the court may, subject to the conditions stated in Rules 1023.2 through 1023.4, impose an appropriate sanction upon any attorneys, law firms and parties that have violated subdivision (c) or are responsible for the violation.
Official Note
The court in its discretion at any stage of the proceedings may deny a motion for sanctions without hearing or argument.
The grant or denial of relief (e.g., grant or denial of preliminary objections, motion for summary judgment or discovery application) does not, of itself, ordinarily warrant the imposition of sanctions against the party opposing or seeking the relief.
In most circumstances, a motion for sanctions with respect to factual allegations should be addressing whether there is evidentiary support for claims or defenses rather than whether there is evidentiary support for each specific factual allegation in a pleading or motion.
The inclusion in the rule of a provision for ‘‘an appropriate sanction’’ is designed to prevent the abuse of litigation. The rule is not a fee-shifting rule per se although the award of reasonable attorney’s fees may be an appropriate sanction in a particular case.
The provision requiring that a motion under this rule be filed before the entry of final judgment in the trial court is intended to carry out the objective of expeditious disposition and to eliminate piecemeal appeals. Where appropriate, such motions should be filed as soon as practicable after discovery of the violation.
The following provisions of the Judicial Code, 42 Pa.C.S., provide additional relief from dilatory or frivolous proceedings: (1) Section 2503 relating to the right of participants to receive counsel fees and (2) Section 8351 et seq. relating to wrongful use of civil proceedings.
(e) Section 8355 of the Judicial Code, 42 Pa.C.S. § 8355, is suspended absolutely, in accordance with the provisions of the Constitution of 1968, Article V, Section 10(c).
Official Note
Section 8355 of the Judicial Code provides for the certification of pleadings, motions and other papers.
Source The provisions of this Rule 1023.1 adopted April 22, 2002, effective July 1, 2002, 32 Pa.B. 2315; amended April 2, 2003, effective June 1, 2003, 33 Pa.B. 1926. Immediately preceding text appears at serial pages (288324) to (288325).
Rule 1023.2. Motion for Sanctions.
(a) An application for sanctions under this rule shall be made by motion, shall be made separately from other applications and shall describe the specific conduct alleged to violate Rule 1023.1(c).
(b) No such motion shall be filed unless it includes a certification that the applicant served written notice and demand to the attorney or pro se party who signed or filed the challenged pleading, motion or other paper. The certification shall have annexed a copy of that notice and demand, which shall identify with specificity each portion of the document which is believed to violate the provisions of this rule, set forth the basis for that belief with specificity, include a demand that the document or portion of the document, be withdrawn or appropriately corrected. An application for sanctions may be filed if the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected within twenty-eight days after service of the written demand. If warranted, the court may award to the party prevailing on the motion the reasonable expenses and attorney’s fees incurred in presenting or opposing the motion.
(c) A motion requesting sanctions under this rule shall be filed in the trial court before the entry of final judgment.
Source The provisions of this Rule 1023.2 adopted April 22, 2002, effective July 1, 2002, 32 Pa.B. 2315.
Rule 1023.3. Sanctions upon Rule to Show Cause.
On its own initiative, the court may enter an order describing the specific conduct that appears to violate Rule 1023.1(c) and directing an attorney, law firm or party to show cause why it has not violated Rule 1023.1(c) with respect thereto.
Source The provisions of this Rule 1023.3 adopted April 22, 2002, effective July 1, 2002, 32 Pa.B. 2315.
Rule 1023.4. Sanctions.
(a)(1) A sanction imposed for violation of Rule 1023.1 shall be limited to that which is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated.
(2) Subject to the limitations in subdivision (b), the sanction may consist of, or include,
(i) directives of a nonmonetary nature, including the striking of the offensive litigation document or portion of the litigation document,
(ii) an order to pay a penalty into court, or,
(iii) if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorneys’ fees and other expenses incurred as a direct result of the violation.
(3) Except in exceptional circumstances, a law firm shall be held jointly responsible for violations committed by its partners, associates and employees.
(b)(1) Monetary sanctions may not be awarded against a represented party for violation of Rule 1023.1(c)(2).
(2) Monetary sanctions may not be awarded on the court’s initiative unless the court issues its order to show cause before a voluntary dismissal or settlement of the claims made by or against the party which is, or whose attorneys are, to be sanctioned.
(c) When imposing sanctions, the court shall describe the conduct determined to be a violation of Rule 1023.1 and explain the basis for the sanction imposed.
Source The provisions of this Rule 1023.4 adopted April 22, 2002, effective July 1, 2002, 32 Pa.B. 2315.
Rule 1024. Verification.
(a) Every pleading containing an averment of fact not appearing of record in the action or containing a denial of fact shall state that the averment or denial is true upon the signer’s personal knowledge or information and belief and shall be verified. The signer need not aver the source of the information or expectation of ability to prove the averment or denial at the trial. A pleading may be verified upon personal knowledge as to a part and upon information and belief as to the remainder.
Official Note
See Definition Rule 76 for definition of ‘‘verified.’’
(b) If a pleading contains averments which are inconsistent in fact, the verification shall state that the signer has been unable after reasonable investigation to ascertain which of the inconsistent averments, specifying them, are true but that the signer has knowledge or information sufficient to form a belief that one of them is true.
(c) The verification shall be made by one or more of the parties filing the pleading unless all the parties (1) lack sufficient knowledge or information, or (2) are outside the jurisdiction of the court and the verification of none of them can be obtained within the time allowed for filing the pleading. In such cases, the verification may be made by any person having sufficient knowledge or information and belief and shall set forth the source of the person’s information as to matters not stated upon his or her own knowledge and the reason why the verification is not made by a party.
Source The provisions of this Rule 1024 adopted June 25, 1946, effective January 1, 1947; amended October 16, 1981, effective October 16, 1981, 11 Pa.B. 3687; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial pages (234004) and (246959).
Rule 1025. Endorsement.
Every pleading or other legal paper of a party represented by an attorney shall be endorsed with the name of the attorney, and every pleading or other legal paper of a party not represented by an attorney shall be endorsed with the name of the party, together in each case with an address where pleadings and other legal papers may be served in the manner provided by Rule 440(a) and a telephone number. The appearance may state a telephone facsimile number.
Official Note
The address endorsed on the legal paper must be one where the paper may be handed to or mailed to the attorney or party. See Rule 440(a).
The inclusion of a telephone number for facsimile transmission on an appearance or prior legal paper is an agreement to accept service of pleadings or other legal papers by that means. See Rule 440(d)(1).
Source The provisions of this Rule 1025 adopted June 25, 1946, effective January 1, 1947; amended and effective March 28, 1966; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 4, 1990, effective July 1, 1990, 20 Pa.B. 2279; amended August 3, 1998, effective January 1, 1999, 28 Pa.B. 3928; amended April 19, 2003, effective September 1, 2003, 33 Pa.B. 2356. Immediately preceding text appears at serial page (295843).
Rule 1026. Time for Filing. Notice to Plead.
(a) Except as provided by Rule 1042.4 or by subdivision (b) of this rule, every pleading subsequent to the complaint shall be filed within twenty days after service of the preceding pleading, but no pleading need be filed unless the preceding pleading contains a notice to defend or is endorsed with a notice to plead.
Official Note
For the form of notice to defend see Rule 1018.1 and for the form of notice to plead see Rule 1361.
Additional time within which to plead may be sought under Rule 248.
Rule 1042.4 governs actions in which a professional liability claim is asserted.
(b) A defendant served outside the United States shall have sixty days from service of the complaint within which to plead.
Source The provisions of this Rule 1026 amended through June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended January 27, 2003, effective immediately, 33 Pa.B. 748; amended October 15, 2004, effective immediately, 34 Pa.B. 5889. Immediately preceding text appears at serial page (302461).
Rule 1027. Service of Copies.
[Rescinded]
Official Note
For the method of service of pleadings and legal papers other than original process see Rule 440.
Source The provisions of this Rule 1027 rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial page (87249).
Rule 1028. Preliminary Objections.
(a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds:
(1) lack of jurisdiction over the subject matter of the action or the person of the defendant, improper venue or improper form or service of a writ of summons or a complaint;
Official Note
Of the three grounds available to challenge venue, only improper venue may be raised by preliminary objection as provided by Rule 1006(e). Forum non conveniens and inability to hold a fair and impartial trial are raised by petition as provided by Rule 1006(d)(1) and (2).
See Rule of Appellate Procedure 311(b) for interlocutory appeals as of right from orders sustaining jurisdiction and venue.
(2) failure of a pleading to conform to law or rule of court or inclusion of scandalous or impertinent matter;
(3) insufficient specificity in a pleading;
(4) legal insufficiency of a pleading (demurrer);
Official Note
The defense of the bar of a statute of frauds or statute of limitations can be asserted only in a responsive pleading as new matter under Rule 1030.
(5) lack of capacity to sue, nonjoinder of a necessary party or misjoinder of a cause of action;
(6) pendency of a prior action or agreement for alternative dispute resolution;
Official Note
An agreement to arbitrate may be asserted by preliminary objection or by petition to compel arbitration pursuant to the Uniform Arbitration Act, 42 Pa.C.S. § 7304, or the common law, 42 Pa.C.S. § 7342(a).
(7) failure to exercise or exhaust a statutory remedy; and
(8) full, complete and adequate non-statutory remedy at law.
(b) All preliminary objections shall be raised at one time. They shall state specifically the grounds relied upon and may be inconsistent. Two or more preliminary objections may be raised in one pleading.
(c)(1) A party may file an amended pleading as of course within twenty days after service of a copy of preliminary objections. If a party has filed an amended pleading as of course, the preliminary objections to the original pleading shall be deemed moot.
(2) The court shall determine promptly all preliminary objections. If an issue of fact is raised, the court shall consider evidence by depositions or otherwise.
Official Note
Preliminary objections raising an issue under subdivision (a)(1), (5), (6), (7) or (8) cannot be determined from facts of record. In such a case, the preliminary objections must be endorsed with a notice to plead or no response will be required under Rule 1029(d).
However, preliminary objections raising an issue under subdivision (a)(2), (3) or (4) may be determined from facts of record so that further evidence is not required.
Rule 239.5 requires every court to promulgate Local Rule 1028(c) describing the local court procedure governing preliminary objections.
(d) If the preliminary objections are overruled, the objecting party shall have the right to plead over within twenty days after notice of the order or within such other time as the court shall fix.
(e) If the filing of an amendment, an amended pleading or a new pleading is allowed or required, it shall be filed within twenty days after notice of the order or within such other time as the court shall fix.
(f) Objections to any amended pleading shall be made by filing new preliminary objections.
Source The provisions of this Rule 1028 adopted June 25, 1946, effective January 1, 1947; amended March 28, 1973, effective July 1, 1973; amended July 18, 1991, effective January 1, 1992, 21 Pa.B. 3400; amended October 24, 2003, effective 9 months after the date of the Order, 33 Pa.B. 5506; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended November 2, 2005, effective immediately, 35 Pa.B. 6318; amended June 28, 2016, effective August 1, 2016, 46 Pa.B. 3797. Immediately preceding text appears at serial pages (307556) and (366149).
Rule 1029. Denials. Effect of Failure to Deny.
(a) A responsive pleading shall admit or deny each averment of fact in the preceding pleading or any part thereof to which it is responsive. A party denying only a part of an averment shall specify so much of it as is admitted and shall deny the remainder. Admissions and denials in a responsive pleading shall refer specifically to the paragraph in which the averment admitted or denied is set forth.
(b) Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by subdivision (c) and (e) of this rule, shall have the effect of an admission.
(c) A statement by a party that after reasonable investigation the party is without knowledge or information sufficient to form a belief as the truth of an averment shall have the effect of a denial.
Official Note
Reliance on subdivision (c) does not excuse a failure to admit or deny a factual allegation when it is clear that the pleader must know whether a particular allegation is true or false. See Cercone v. Cercone, 254 Pa. Super. 381, 386 A.2d 1 (1978).
(d) Averments in a pleading to which no responsive pleading is required shall be deemed to be denied.
(e) In an action seeking monetary relief for bodily injury, death or property damage, averments in a pleading to which a responsive pleading is required may be denied generally except the following averments of fact which must be denied specifically:
(1) averments relating to the identity of the person by whom a material act was committed, the agency or employment of such person and the ownership, possession or control of the property or instrumentality involved;
(2) if a pleading seeks additional relief, averments in support of such other relief; and
(3) averments in preliminary objections.
Official Note
Subdivision (e) applies only to those actions for which damages for delay may be awarded pursuant to Rule of Civil Procedure 238.
Source The provisions of this Rule 1029 adopted June 25, 1946, effective January 1, 1947; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended June 16, 1994, effective September 1, 1994, 24 Pa.B. 3213. Immediately preceding text appears at serial pages (159448) to (159449).
Rule 1030. New Matter.
(a) Except as provided by subdivision (b), all affirmative defenses including but not limited to the defenses of accord and satisfaction, arbitration and award, consent, discharge in bankruptcy, duress, estoppel, failure of consideration, fair comment, fraud, illegality, immunity from suit, impossibility of performance, justification, laches, license, payment, privilege, release, res judicata, statute of frauds, statute of limitations, truth and waiver shall be pleaded in a responsive pleading under the heading ‘‘New Matter.’’ A party may set forth as new matter any other material facts which are not merely denials of the averments of the preceding pleading.
Official Note
If a defendent pleads the affirmative defenses set forth in subdivision (b), they shall be deemed denied and the plaintiff need not reply.
(b) The affirmative defenses of assumption of the risk, comparative negligence and contributory negligence need not be pleaded.
Official Note
If a defendant pleads the affirmative defenses set forth in subdivision (b), they shall be deemed denied and the plaintiff need not reply.
Defenses which are not required to be pleaded are not waived. See Rule 1032(a).
Source The provisions of this Rule 1030 adopted June 25, 1946, effective January 1, 1947; amended through December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3213. Immediately preceding text appears at serial pages (159449) and (146639).
Rule 1031. Counterclaim.
(a) The defendant may set forth in the answer under the heading ‘‘Counterclaim’’ any cause of action cognizable in a civil action which the defendant has against the plaintiff at the time of filing the answer.
Official Note
See Rule 2256 governing counter-claims in an action involving an additional defendant.
See Rule 213(a) and (b) governing consolidation and severance of causes of action.
(b) A counterclaim need not diminish or defeat the relief demanded by the plaintiff. It may demand relief exceeding in amount or different in kind from that demanded by the plaintiff.
Source The provisions of Rule 1031 adopted June 25, 1946, effective January 1, 1947; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended March 23, 2007, effective June 1, 2007, 37 Pa.B. 1480. Immediately preceding text appears at serial page (315131).
Rule 1031.1. Cross-claim.
Any party may set forth in the answer or reply under the heading ‘‘Cross-claim’’ a cause of action against any other party to the action that the other party may be
(1) solely liable on the underlying cause of action or
Official Note
The term ‘‘underlying cause of action’’ refers to the cause of action set forth in the plaintiff’s complaint or the defendant’s counterclaim.
(2) liable to or with the cross-claimant on any cause of action arising out of the transaction or occurrence or series of transactions or occurrences upon which the underlying cause of action is based.
Official Note
Subparagraph (2) permits a cross-claimant to raise a claim that another party is liable over to the cross-claimant or jointly and severally liable with the cross-claimant.
The right to assert a cross-claim in a class action is limited by Rule 1706.1 to the grounds set forth in that rule.
Source The provisions of this Rule 1031.1 adopted March 23, 2007, effective June 1, 2007, 37 Pa.B. 1480.
Rule 1032. Waiver of Defenses. Exceptions. Suggestion of Lack of Subject Matter Jurisdiction or Failure to Join Indispensable Party.
(a) A party waives all defenses and objections which are not presented either by preliminary objection, answer or reply, except a defense which is not required to be pleaded under Rule 1030(b), the defense of failure to state a claim upon which relief can be granted, the defense of failure to join an indispensable party, the objection of failure to state a legal defense to a claim, the defenses of failure to exercise or exhaust a statutory remedy and an adequate remedy at law and any other nonwaivable defense or objection.
Official Note
Subdivision (a) accommodates developing law with respect to defenses or objections which cannot be waived.
(b) Whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter or that there has been a failure to join an indispensable party, the court shall order that the action be transferred to a court of the Commonwealth which has jurisdiction or that the indispensable party be joined, but if that is not possible, then it shall dismiss the action.
Official Note
See Section 5103 of the Judicial Code, 42 Pa.C.S. § 5103, relating to the transfer of erroneously filed matters.
Source The provisions of this Rule 1032 adopted June 25, 1946, effective January 1, 1947; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3213; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (301341).
Rule 1033. Amendment.
(a) A party, either by filed consent of the adverse party or by leave of court, may at any time change the form of action, add a person as a party, correct the name of a party, or otherwise amend the pleading. The amended pleading may aver transactions or occurrences which have happened before or after the filing of the original pleading, even though they give rise to a new cause of action or defense. An amendment may be made to conform the pleading to the evidence offered or admitted.
(b) An amendment correcting the name of a party against whom a claim has been asserted in the original pleading relates back to the date of the commencement of the action if, within 90 days after the period provided by law for commencing the action, the party received notice of the institution of the action such that it will not be prejudiced in maintaining a defense on the merits and the party knew or should have known that the action would have been brought against the party but for a mistake concerning the identity of the proper party.
(c) An amendment substituting the actual name of a defendant for a Doe designation as provided in Rule 2005 relates back to the date of the commencement of the action if, within the time provided by Rule 401 for service, the defendant named by the amendment has received actual or constructive notice of the commencement of the action such that it will not be prejudiced in maintaining a defense on the merits and the defendant knew or should have known that the action would have been brought against it but for lack of knowledge of the defendant’s actual name.
Source The provisions of this Rule 1033 adopted June 25, 1946, effective January 1, 1947; amended December 20, 2013, effective January 23, 2014, 44 Pa.B. 8; amended February 2, 2017, effective April 1, 2017, 47 Pa.B. 937; amended January 24, 2019, effective April 1, 2019, 49 Pa.B. 608. Immediately preceding text appears at serial page (386436).
Rule 1034. Motion for Judgment on the Pleadings.
(a) After the relevant pleadings are closed, but within such time as not to unreasonably delay the trial, any party may move for judgment on the pleadings.
Official Note
Only the pleadings between the parties to the motion for judgment on the pleadings must be closed prior to filing the motion.
Rule 239.6 requires every court to promulgate Local Rule 1034(a) describing the local court procedure governing motions for judgment on the pleadings.
(b) The court shall enter such judgment or order as shall be proper on the pleadings.
Source The provisions of this Rule 1034 adopted June 25, 1946, effective January 1, 1947; amended February 14, 1996, effective July 1, 1996, 26 Pa.B. 862; amended October 24, 2003, effective 9 months after the date of the Order, 33 Pa.B. 5506; amended November 2, 2005, effective immediately, 35 Pa.B. 6318; amended June 28, 2016, effective August 1, 2016, 46 Pa.B. 3797. Immediately preceding text appears at serial pages (370006) and (366153).
Rule 1035. Motion for Summary Judgment.
[Rescinded]
Official Note
In asbestos litigation, a motion for summary judgment filed by one defendant alleging a ground common to one or more other defendants is deemed filed on behalf of all such defendants. See Rule 1014.1(f).
Source The provisions of this Rule 1035 adopted April 18, 1966, effective May 9, 1966; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended October 16, 1981, effective October 16, 1981, 11 Pa.B. 3687; amended April 4, 1990, effective July 1, 1990, 20 Pa.B. 228; rescinded February 14, 1996, effective July 1, 1996, 26 Pa.B. 862. Immediately preceding text appears at serial pages (190478) and (195285).
Rule 1035.1. Motion for Summary Judgment. Definition.
As used in Rule 1035.1 et seq., “record” includes any
(1) pleadings,
(2) depositions, answers to interrogatories, admissions and affidavits, and
Official Note
See Definition Rule 76 for the definition of “affidavit.” See Rule 1035.4 governing affidavits supporting or defending a motion for summary judgment.
(3) reports signed by an expert witness that would, if filed, comply with Rule 4003.5(a)(1), whether or not the reports have been produced in response to interrogatories.
Source The provisions of this Rule 1035.1 adopted February 14, 1996, effective July 1, 1996, 26 Pa.B. 862.
Rule 1035.2. Motion.
After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law
(1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report, or
(2) if, after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to a jury.
Official Note
Rule 1035.2 sets forth the general principle that a motion for summary judgment is based on an evidentiary record which entitles the moving party to judgment as a matter of law.
The evidentiary record may be one of two types. Under subdivision (1), the record shows that the material facts are undisputed and, therefore, there is no issue to be submitted to a jury.
An example of a motion under subdivision (1) is a motion supported by a record containing an admission. By virtue of the admission, no issue of fact could be established by further discovery or expert report.
Under subdivision (2), the record contains insufficient evidence of facts to make out a prima facie cause of action or defense and, therefore, there is no issue to be submitted to a jury. The motion in this instance is made by a party who does not have the burden of proof at trial and who does not have access to the evidence to make a record which affirmatively supports the motion. To defeat this motion, the adverse party must come forth with evidence showing the existence of the facts essential to the cause of action or defense.
Oral testimony alone, either through testimonial affidavits or depositions, of the moving party or the moving party’s witnesses, even if uncontradicted, is generally insufficient to establish the absence of a genuine issue of material fact. See Nanty-Glo v. American Surety Co., 163 A. 523 (Pa. 1932); Penn Center House, Inc. v. Hoffman, 553 A.2d 900 (Pa. 1989).
Only the pleadings between the parties to the motion for summary judgment must be closed prior to filing the motion.
In asbestos litigation, a motion for summary judgment filed by one defendant alleging a ground common to one or more other defendants is deemed filed on behalf of all such defendants. See Rule 1041.1(f).
Partial summary judgment, interlocutory in character, may be rendered on one or more issues of liability, defense or damages.
Rule 239.7 requires every court to promulgate Local Rule 1035.2(a) describing the local court procedure governing motions for summary judgment.
Source The provisions of this Rule 1035.2 adopted February 14, 1996, effective July 1, 1996, 26 Pa.B. 862; amended October 24, 2003, effective 9 months after the date of the Order, 33 Pa.B. 5506; amended November 2, 2005, effective immediately, 35 Pa.B. 6318; amended June 28, 2016, effective August 1, 2016, 46 Pa.B. 3797. Immediately preceding text appears at serial pages (366153) to (366154).
Rule 1035.3. Response. Judgment for Failure to Respond.
(a) Except as provided in subdivision (e), the adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion identifying
(1) one or more issues of fact arising from evidence in the record controverting the evidence cited in support of the motion or from a challenge to the credibility of one or more witnesses testifying in support of the motion, or
Official Note
If the moving party has supported the motion with oral testimony only, the response may raise the defense that there is a genuine issue of material fact because the cause of action is dependent upon the credibility and demeanor of the witnesses who will testify at trial. See Nanty-Glo v. American Surety Co., 309 Pa. 236, 163 A. 523 (1932); Penn Center House, Inc. v. Hoffman, 520 Pa. 171, 553 A.2d 900 (1989).
(2) evidence in the record establishing the facts essential to the cause of action or defense which the motion cites as not having been produced.
(b) An adverse party may supplement the record or set forth the reasons why the party cannot present evidence essential to justify opposition to the motion and any action proposed to be taken by the party to present such evidence.
(c) The court may rule upon the motion for judgment or permit affidavits to be obtained, depositions to be taken or other discovery to be had or make such other order as is just.
(d) Summary judgment may be entered against a party who does not respond.
Official Note
Procedural requirements with respect to argument and briefs are governed by local rule.
In certain counties, the failure to respond to a motion may result in the motion being deemed uncontested and the entry of the judgment sought.
See Rule 1035.2 providing for the entry of judgment in whole or in part.
(e)(1) Nothing in this rule is intended to prohibit a court, at any time prior to trial, from ruling upon a motion for summary judgment without written responses or briefs if no party is prejudiced. A party is prejudiced if he or she is not given a full and fair opportunity to supplement the record and to oppose the motion.
(2) A court granting a motion under subdivision (e)(1) shall state the reasons for its decision in a written opinion or on the record.
Official Note
Subdivision (e) does not abrogate the requirement that a motion for summary judgment be timely filed pursuant to Rule 1035.2 or case management order.
If a motion is not timely filed, subdivision (e) provides the court with the discretion as to the manner of proceeding, including whether to consider the motion at all. The court should not consider the motion except in the interests of justice.
Source The provisions of this Rule 1035.3 adopted February 14, 1996, effective July 1, 1996, 26 Pa.B. 862; amended May 16, 2003, effective September 1, 2003, 33 Pa.B. 2587. Immediately preceding text appears at serial pages (212305) to (212306).
Rule 1035.4. Affidavits.
Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the signer is competent to testify to the matters stated therein. Verified or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits.
Official Note
See Section 2503 of the Judicial Code, 42 Pa.C.S. § 2503 for the award of counsel fees as part of taxable costs as a sanction for dilatory conduct or for conduct which is in bad faith.
See Rule of Professional Conduct 3.1 providing that a lawyer shall not assert or controvert an issue unless there is a basis for doing so that is not frivolous, Rule 3.2 providing for reasonable efforts to expedite litigation consistent with the interests of the client and Rule 3.3 prohibiting the making of false statements of material fact or law to a tribunal.
Source The provisions of this Rule 1035.4 adopted February 14, 1996, effective July 1, 1996, 26 Pa.B. 862.
Rule 1035.5. Procedure When Judgment Is Denied or Is Not Rendered Upon the Whole Case.
If judgment is denied or is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court when considering the motion may, if practicable, ascertain from the pleadings, the evidence and the parties which material facts relevant to the motion exist without controversy and which are actually controverted. It shall thereupon make an order specifying the facts that are without controversy, including the extent to which the amount of damages or other relief is not in controversy and directing such further proceedings in the action as are just. Upon the trial of the action the facts so specified shall be deemed established and the trial shall be conducted accordingly.
Source The provisions of this Rule 1035.5 adopted February 14, 1996, effective July 1, 1996, 26 Pa.B. 862.
Rule 1036. Dismissal Upon Affidavit of Noninvolvement.
(a) As used in this rule, ‘‘action’’ means an action subject to an Act of Assembly which provides for dismissal of the action as to a party based upon an affidavit of noninvolvement.
Official Note
Actions pursuant to the following Acts of Assembly are within the scope of this rule: Section 7502 of the Judicial Code, 42 Pa.C.S. § 7502, an action for negligence against a construction design professional and Section 506 of the Medical Care Availability and Reduction of Error (Mcare) Act, 40 P. S. § 1303.506 a medical professional liability action naming a health care provider as a defendant.
(b) Any party seeking dismissal of the action shall file a motion to dismiss which shall have attached thereto the affidavit of noninvolvement.
(c) Any party opposing the motion may file a response.
(d) Upon reviewing the motion and any response thereto and determining the existence of a prima facie case for dismissal of the action as to a party, the court shall enter an order
(1) allowing any party opposing the motion
(i) to conduct limited discovery directed solely to the issue of involvement of any party seeking dismissal and
(ii) prior to the disposition of the motion, to file affidavits, depositions and such other evidentiary materials as would permit a jury to find that any party seeking dismissal was involved in any activities upon which the claim is based, and
(2) scheduling an argument to decide the motion.
(e) The argument shall be limited to the sole issue of whether any party opposing the motion has produced evidence which, when considered in a light most favorable to that party, would require the issue of the involvement of any party seeking dismissal to be submitted to a jury.
Source The provisions of this Rule 1036 adopted December 11, 2000, effective January 1, 2001, 30 Pa.B. 6544; amended Aopril 2, 2003, effective June 1, 2003, 33 Pa.B. 1926. Immediately preceding text appears at serial pages (272399) to (272400).
Rule 1036.1. Reinstatement of Claim Dismissed Upon Affidavit of Noninvolvement.
(a) As used in this rule, ‘‘action’’ shall have the meaning as provided in Rule 1036(a).
(b) If a party has been dismissed from an action upon an affidavit of noninvolvement pursuant to Rule 1036, any other party may file a motion to reinstate the dismissed party setting forth facts showing that statements made in the affidavit of noninvolvement were false or inaccurate.
(c) Any party may file a response.
(d) Upon reviewing the motion and any response thereto and determining the existence of a prima facie case of involvement of the dismissed party, the court shall enter an order
(1) allowing any party
(i) to conduct limited discovery directed solely to the issue of the involvement of the party which was dismissed.
(ii) prior to the disposition of the motion, to file affidavits, depositions and such other evidentiary materials as would permit a jury to find that any party which was dismissed was involved in any activities upon which the claim is based, and
(2) scheduling an argument to decide the motion.
(e) The argument shall be limited to the sole issue of whether the moving party has produced evidence which, when considered in a light most favorable to that party, would require the issue of the involvement of any party which was dismissed to be submitted to a jury.
Source The provisions of this Rule 1036.1 adopted January 22, 2009, effective March 1, 2009, 39 Pa.B. 676.
JUDGMENT UPON DEFAULT OR ADMISSION
Official Note
The Order of the Supreme Court, June 25, 1946, adopting the Rules of Civil Procedure governing Actions at Law, fixed Jan. 1, 1947, as the effective date and made said Rules applicable to actions pending at that time.
Rule 1037. Judgment Upon Default or Admission. Assessment of Damages.
(a) If an action is not commenced by a complaint, the prothonotary, upon praecipe of the defendant, shall enter a rule upon the plaintiff to file a complaint. If a complaint is not filed within twenty days after service of the rule, the prothonotary, upon praecipe of the defendant, shall enter a judgment of non pros.
Official Note
See Rule 237.1(a)(2) which requires the praecipe for judgment of non pros to contain a certification of written notice of intent to file the praecipe.
(b) The prothonotary, on praecipe of the plaintiff, shall enter judgment against the defendant for failure to file within the required time a pleading to a complaint which contains a notice to defend or, except as provided by subdivision (d), for any relief admitted to be due by the defendant’s pleadings.
Official Note
See Rule 237.1 which requires the praecipe for default judgment to contain a certification of written notice of intent to file the praecipe.
While the prothonotary may enter a default judgment in an action legal or equitable, only the court may grant equitable relief. See subdivision (d).
(1) The prothonotary shall assess damages for the amount to which the plaintiff is entitled if it is a sum certain or which can be made certain by computation, but if it is not, the damages shall be assessed at a trial at which the issues shall be limited to the amount of the damages.
(2) In all actions in which the only damages to be assessed are the cost of repairs made to property
(i) the prothonotary on praecipe of the plaintiff, waiving any other damages under the judgment, and the filing of the affidavits provided by subparagraphs (ii) and (iii) shall assess damages for the cost of the repairs;
(ii) the praecipe shall be accompanied by an affidavit of the person making the repairs; the affidavit shall contain an itemized repair bill setting forth the charges for labor and material used in the repair of the property; it shall also state the qualifications of the person who made or supervised the repairs, that the repairs were necessary, and that the prices for labor and material were fair and reasonable and those customarily charged;
(iii) the plaintiff shall send a copy of the affidavit and repair bill to the defendant by registered mail directed to the defendant’s last known address, together with a notice setting forth the date of the intended assessment of damages, which shall not be less than ten days from the mailing of the notice and a statement that damages will be assessed in the amount of the repair bill unless prior to the date of assessment the defendant by written praecipe files with the prothonotary a request for trial on the issue of such damages; an affidavit of mailing of notice shall be filed.
Official Note
By Definition Rule 76, registered mail includes certified mail.
(c) In all cases, the court, on motion of a party, may enter an appropriate judgment against a party upon default or admission.
Official Note
For the form of notice to defend, see Rule 1018.1.
(d) In all cases in which equitable relief is sought, the court shall enter an appropriate order upon the judgment of default or admission and may take testimony to assist in its decision and in framing the order.
Source The provisions of this Rule 1037 amended through December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3213; amended December 2, 1994, effective July 1, 1995, 24 Pa.B. 6259; amended April 12, 1999, effective July 12, 1999, 29 Pa.B. 2266; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial pages (296716) to (296717).
Rule 1038. Trial Without Jury.
(a) Except as otherwise provided in this rule, the trial of an action by a judge sitting without a jury shall be conducted as nearly as may be as a trial by jury is conducted and the parties shall have like rights and privileges, including the right to move for nonsuit.
(b) The decision of the trial judge may consist only of general findings as to all parties but shall dispose of all claims for relief. The trial judge may include as part of the decision specific findings of fact and conclusions of law with appropriate discussion.
(c) The decision may be made orally in open court at the end of the trial, and in that event shall be forthwith transcribed and filed in the office of the prothonotary, or it may be made thereafter in writing and filed forthwith. In either event the prothonotary shall notify all parties or their attorneys of the date of filing. The trial judge shall render a decision within seven days after the conclusion of the trial except in protracted cases or cases of extraordinary complexity.
Official Note
A decision includes what were formerly known as a decree nisi and an adjudication. A decision is not a final decree, also known as a judgment.
For post-trial relief following a trial without jury, see Rule 227.1.
For entry of judgment upon praecipe of a party, see Rule 227.4
Source The provisions of this Rule 1038 adopted June 27, 1969, effective September 1, 1969; amended through December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended April 12, 1999, effective July 12, 1999, 29 Pa.B. 2266; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial pages (296717) and (295847).
Rule 1038.1. Case Submitted on Stipulated Facts.
A case may be submitted on stipulated facts for decision by a judge without a jury. The practice and procedure as far as practicable shall be in accordance with the rules governing a trial without jury.
Official Note
See Rules 1038 governing trial without jury and 227.1 et seq. governing post-trial practice.
Source The provisions of this Rule 1038.1 adopted August 9, 1996, effective January 1, 1997, 26 Pa.B. 4216.
Rule 1038.2. Abolition of Case Stated.
The common law procedure of a case stated is abolished.
Official Note
The common law procedure of a case stated is no longer required in view of the practice of submitting a case on stipulated facts for decision by a judge without a jury. See Rule 1038.1.
Source The provisions of this Rule 1038.2 adopted August 9, 1996, effective January 1, 1997, 26 Pa.B. 4216.
Rule 1038.3. Equitable Relief. Advisory Verdict by Jury.
In any case in which there is a claim for equitable relief, the court on its own motion or upon the petition of any party may submit to trial by jury any or all issues of fact arising from that claim. The advisory verdict of the jury shall be in the form of answers to specific questions and shall not be binding upon the court.
Official Note
Rule 1038.3 does not confer a right to trial by jury if the right did not exist prior to the consolidation of the action in equity with the civil action.
The rule preserves the practice under former Equity Rule 1513 of allowing a court in its discretion to submit such claims to trial by jury for an advisory verdict.
Source The provisions of this Rule 1038.3 adopted December 16, 2003, effective July 1, 2004, 34 Pa.B. 9.
Rule 1039. Entry of Judgment Upon Praecipe of a Party.
[Rescinded].
Official Note
For entry of judgment upon praecipe of a party, see Rule 227.4.
Source The provisions of this Rule 1039 rescinded October 19, 1983, effective January 1, 1984, 13 Pa.B. 3629. Immediately preceding text appears at serial pages (83220), (31810) and (15675) to (15676).
Rule 1040. Suspension of Acts of Assembly.
All Acts of Assembly inconsistent with these rules are suspended to the extent of such inconsistency.
Source The provisions of this Rule 1040 adopted December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999.
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