231 Pa. Code Ch. 1000 — ACTIONS … 1001

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 transact…

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 s…

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 pleadin…

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 [Rescinded]. Source The provisions of this Rule 1008 rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452; reserved December 18, 2019, effective April 1, 2020, 50 Pa.B. 199.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 [Rescinded] Official Note For service of original process, see Rule 400 et seq. Source The provisions of this Rule 1009 rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452.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), an…

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 [Rescinded] Official Note For reissuance, reinstatement and substitution of original process, see Rule 401(b). Source The provisions of this Rule 1010 rescinded June 20, 1985, effective January 1, 1986, 1…

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 [Rescinded] Official Note For acceptance of service, see Rule 402(b). Source The provisions of this Rule 1011 rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452.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 al…

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 o…

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 …

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 …

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 f…

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 complai…

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,…

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…

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 unliqui…

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 …

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 pleadi…

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 inc…

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 respec…

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 …

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. Th…

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, toget…

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 pr…

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 precedi…

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 serv…

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 sh…

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, frau…

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…

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 ‘‘underlyin…

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 …

Rule 1033. Amendment. (a) General Rule. 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 tran…

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 judg…

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…

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 …

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 elem…

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 m…

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 certifie…

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 …

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 foll…

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…

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 afte…

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…

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…

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. Se…

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 o…