52 Pa. Code § 5.62. Answers seeking affirmative relief or raising new matter.

§ 5.62. Answers seeking affirmative relief or raising new matter.

(a)  Answers seeking affirmative relief. In its answer, a respondent may seek relief against other parties in a proceeding if common questions of law or fact are present. The answer must conform to this chapter for answers generally and set forth:
   (1)  The facts constituting the grounds of complaint.
   (2)  The provisions of the statutes, rules, regulations or orders relied upon.
   (3)  The injury complained of.
   (4)  The relief sought.
(b)  Answers raising new matter. An affirmative defense shall be pleaded in an answer or other responsive pleading under the heading of ‘‘New Matter.’’ A party may set forth as new matter another material fact which is not merely a denial of the averments of the preceding pleading.

Authority

   The provisions of this §  5.62 amended under the Public Utility Code, 66 Pa.C.S. § §  309—311, 315, 331—335, 501, 504—506, 701—703, 1101—1103, 1301 and 1501.

Source

   The provisions of this §  5.62 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended December 2, 1988, effective January 3, 1989, 18 Pa.B. 5451; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 414; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial page (225649).

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