3 Consolidation of the action in equity with the civil action; no. 402 civil procedural rules; doc. no. 5
Title 231--RULES OF
CIVIL PROCEDUREPART I. GENERAL [231 PA. CODE CHS. 200, 400, 1000, 1500, 1600, 2000, 2020, 2050, 2100, 2120, 2150, 2170, 2200, 2220, 2250, 2300, 2320, 2350, 3000 AND 4000] Consolidation of the Action in Equity with the Civil Action; No. 402 Civil Procedural Rules; Doc. No. 5 [34 Pa.B. 9] Order Per Curiam:
And Now, this 16th day of December, 2003, the Pennsylvania Rules of Civil Procedure are amended as follows:
1. Rules 1505, 1507, 1514, 1515, 1523 through 1527, 1529, 1530, and 1536 are rescinded.
2. Rules 1501, 1502, 1503, 1508, 1509, 1510, 1511, 1512, 1513, 1516, 1517, 1520, 1522, 1528, 1576, 1577 and 1580 are rescinded and notes are added to read as follows.
3. Rules 205.4 note, 227.1, 227.4, 236, 237, 249, 250, 400, 440, 1001, 1006, 1007.1, 1020, 1028, 1031, 1032, 1037, 1038, 1066, 1141, 1521, 1531, 1532, 1533, 1549, 1550, 1551, 1569, 1570, 1573, 1601, 1602, 2001, 2026, 2051, 2101, 2126, 2129, 2130, 2151, 2154, 2156, 2176, 2178, 2179, 2201, 2226, 2251, 2301, 2318, 2326, 2328, 2351, 3001, 3101, 3131 and 4001 are amended to read as follows.
4. New Rule 1038.3 is promulgated to read as follows.
5. Paragraph (b) of the Order effective February 8, 1969, entitled ''Captioning and Docketing of Actions and Proceedings in the Courts of Common Pleas,'' is suspended.1
This Order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective July 1, 2004.
Annex A TITLE 231. RULES OF CIVIL PROCEDURE PART I. GENERAL CHAPTER 1000. ACTIONS AT LAW Subchapter A. CIVIL ACTION GENERAL Rule 1001. Definition. Scope.
(a) As used in this chapter and in Rules 1506, 1521, and 1531 through 1535, ''action'' means a civil action brought in or appealed to any court which is subject to these rules.
[(b)(1) All claims heretofore asserted in assumpsit or trespass shall be asserted in one form of action to be known as ''civil action.'']
(b) There shall be a ''civil action'' in which shall be brought all claims for relief heretofore asserted 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 [and], 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 104.1 for special provisions governing asbestos litigation.
[(2)] (c) * * *
* * * * * VENUE AND PROCESS Rule 1006. Venue. Change of Venue.
(a) Except as otherwise provided by subdivisions (a.1), (b) and (c) of this rule, an action against an individual may be brought in and only in a county in which
(1) the individual may be served or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose or in any other county authorized by law[.], or
* * * * * (2) 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.
* * * * * Rule 1007.1. Jury Trial. Demand. Waiver.
(a) 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.
Official Note: Rule 1007.1(a) gives no specific guidance on the existence of a right to jury trial. It could not, in the face of Rule 128(f).
* * * * * [(d) Rescinded.
Official Note: The Act of June 25, 1937, P. L. 2090, 12 P. S. § 695 relating to demand for or waiver of jury trial in Philadelphia County, formerly suspended by subdivision (d), has been repealed by Act 1978-53, the Judiciary Act Repealer Act.]
PLEADINGS Rule 1020. Pleading More Than One Cause of Action. Alternative Pleading. Failure to Join. Bar.
(a) The plaintiff may state in the complaint more than one cause of action cognizable in a civil action against the same defendant [heretofore asserted in assumpsit or trespass]. Each cause of action and any special damage related thereto shall be stated in a separate count containing a demand for relief.
* * * * * (d)[(1)] 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.
Official Note: [Subdivision (d)(1) requires the joinder of related causes of action. The joinder of unrelated causes of action is permissive. See subdivision (a).]
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.
[For Rules governing joinder of parties, see] See Rule 2226 et seq. governing joinder of parties.
See Rule 213(a) and (b) governing the consolidation and severance of causes of action.
[(2) Rescinded.
(3) Rescinded.
Official Note: Former subdivision (d)(3) governed election of remedies between assumpsit and trespass, joint trial of multiple causes of action, submission of specific questions to the jury and molding the verdict.
Any reference to election of remedies has become procedurally irrelevant as the result of the creation of the single form of civil action.
See Rule 213(a) and (b) governing the consolidation and severance of causes of action.
(4) Failure to join a cause of action as required by subdivision (d)(1) of this Rule shall be deemed a waiver of that cause of action as against all parties to the action.
(5) Rescinded.]
Rule 1028. Preliminary Objections.
(a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds:
* * * * * (4) legal insufficiency of a pleading (demurrer); [and]
* * * * * (5) lack of capacity to sue, nonjoinder of a necessary party or misjoinder of a cause of action; [and]
(6) pendency of a prior action or agreement for alternative dispute resolution[.];
* * * * * (7) failure to exercise or exhaust a statutory remedy, and
(8) full, complete and adequate non-statutory remedy at law.
* * * * * (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) [or], (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).
* * * * * Rule 1031. Counterclaim.
(a) The defendant may set forth in the answer under the heading ''Counterclaim'' any cause of action [heretofore asserted in assumpsit or trespass] cognizable in a civil action which the defendant has against the plaintiff at the time of filing the answer.
* * * * * 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.
* * * * * JUDGMENT UPON DEFAULT OR ADMISSION Rule 1037. Judgment Upon Default or Admission. Assessment of Damages.
* * * * * (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:
* * * * * While the prothonotary may enter a default judgment in an action legal or equitable, only the court may grant equitable relief. See subdivision (d).
* * * * * (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.
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 [suffer or] move for nonsuit.
* * * * * (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.
[(d) (Rescinded).
Official Note: For post-trial relief following a trial without jury, see Rule 227.1.
(e) (Rescinded).
Official Note: For entry of judgment upon praecipe of a party, see Rule 227.4.
(f) (Rescinded).
(g) Rule VIII of the Special Rules, Courts of Common Pleas, First Judicial District, Philadelphia County, adopted July 31, 1963 is suspended.]
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.
CHAPTER 1500. [ACTION IN EQUITY] EQUITABLE RELIEF Subchapter A. RULES Rule 1501. [Conformity to Civil Action] (Rescinded).
Official Note: The action in equity has been abolished. Equitable relief may be obtained through a civil action, Rule 1001 et seq. Rules 1506, 1521 and 1531 through 1535 are special rules governing equitable relief sought in a civil action.
Rule 1502. [Court Open] (Rescinded).
Official Note: The court is ''always open for the transaction of judicial business.'' See Section 324 of the Judicial Code, 42 Pa.C.S. § 324
Rule 1503. [Venue] (Rescinded).
Official Note: See Rule 1006 governing venue in a civil action.
Rule 1505. [Defendant Not Served] (Rescinded).
Rule 1507. [Specific Averments. Possible Persons Interested in Property. Appointment of a Representative] (Rescinded).
Rule 1508. [Pleading More Than One Cause of Action] (Rescinded).
Official Note: See Rule 1020 governing the pleading of more than one cause of action.
Rule 1509. [Preliminary Objections] (Rescinded).
Official Note: See Rule 1028 governing preliminary objections.
Rule 1510. [Counterclaim] (Rescinded).
Official Note: See Rule 1031 governing counterclaim in a civil action.
Rule 1511. [Judgment upon Default or Admission] (Rescinded).
Official Note: See Rule 1037 governing judgment upon default or admission.
Rule 1512. [Nonsuit] (Rescinded).
Official Note: See Rules 230 and 230.1 governing voluntary nonsuit and nonsuit at trial, respectively.
Rule 1513. [Trial by Jury. Advisory Verdict] (Rescinded).
Official Note: See Rule 1038.3 governing advisory verdict by jury.
Rule 1514. [Examiners, Masters and Auditors] (Rescinded).
Rule 1515. [Accountants and Experts] (Rescinded).
Rule 1516. [Oral Argument. Limitation on Requests for Findings and Conclusions] (Rescinded).
Official Note: See Rule 1038 for the conduct of a trial without a jury.
Rule 1517. [The Adjudication. Notice] (Rescinded).
Official Note: See Rule 1038 for the decision in a trial without a jury.
Rule 1520. [Form of Decree] (Rescinded).
Official Note: See Rule 1038 for the decision in a trial without a jury.
Rule 1521. Indexing of Decree. Lien and Revival of Decree for Payment of Money.
(a) [Decrees, nisi] Orders, interlocutory or final, shall be entered on the judgment index [of the law side of the court].
(b) [Decrees] Orders for the payment of money shall be a lien on the real estate of the defendant named in the [decree] order in the manner, for the period and with the same effect as the lien of judgments [rendered by the law side of the court] for the payment of money.
(c) [Decrees] Orders for the payment of money or costs and not satisfied may be revived from time to time in the manner provided by law for the revival of judgments.
Rule 1522. [Rehearing] (Rescinded).
Official Note: See Rule of Appellate Procedure 1701(b) governing reconsideration of an order.
Rule 1523. [Costs] (Rescinded).
Rule 1524. [Security for Costs] (Rescinded).
Rule 1525. [Interlocutory Order for Costs] (Rescinded).
Rule 1526. [Liability for Costs] (Rescinded).
Rule 1527. [Taxation of Costs] (Rescinded).
Rule 1528. [Amendments] (Rescinded).
Official Note: See Rule 1033 governing amendment of pleadings.
Rule 1529. [Enforcement of Orders. Execution Process] (Rescinded).
Rule 1530. [Special Relief. Accounting] (Rescinded).
Rule 1531. Special Relief. Injunctions.
* * * * * (f)(1) When a preliminary or special injunction involving freedom of expression is issued, either without notice or after notice and hearing, the court shall hold a final hearing within three days after demand by the defendant. A final [decree] order shall be filed in the office of the prothonotary within twenty-four hours after the close of the hearing. If the final hearing is not held within the three-day period, or if the final [decree] order is not filed within twenty-four hours after the close of the hearing, the injunction shall be deemed dissolved.
Official Note: The three-day period is the maximum time. In particular cases a shorter period may be required. [The equity side of the Court is always open. See Rule 1502.] The court is ''always open for the transaction of judicial business.'' See Section 324 of the Judicial Code, 42 Pa.C.S. § 324.
(2) When the defendant demands such a final hearing, no further pleadings shall be required and Rule [1517] 1038(b) and (c) relating to [adjudication and decree nisi] decision in a trial without jury and Rules 227.1 to 227.3 relating to post-trial relief shall not apply.
(3) The trial judge shall file a written memorandum supporting the final [decree] order within five days after it is filed.
Rule 1532. Special Relief. Perpetuation of Testimony.
* * * * * (b) In an action to perpetuate testimony, the testimony may be taken before the court or by depositions. The procedure for the taking of the testimony by depositions shall conform as nearly as practicable to the proceedings under the rules on depositions and discovery. The final [decree] order shall direct whether or not the testimony or a part thereof shall be perpetuated.
* * * * * Rule 1533. Special Relief. Receivers.
* * * * * (e) Except in the case of a public utility, a [decree] order authorizing a receiver to operate a business shall be limited to a fixed period, which may be extended from time to time upon cause shown after notice to all parties in interest.
* * * * * (g) Every [decree] order appointing a permanent receiver shall fix the time within which the receiver shall file a report setting forth the property of the debtor, the interests in and claims against it, its income-producing capacity and recommendations as to the best method of realizing its value for the benefit of those entitled.
* * * * * Rule 1536. [Effective Date. Pending Actions] (Rescinded).
Rule 1549. Acts of Assembly Not Suspended.
[These] The rules governing a civil action shall not be deemed to suspend or affect the following Acts of Assembly:
(1) Sections 1 and 2 of the Act approved May 4, 1869, P. L. 1251, 68 P. S. §§ 115, 116.
Official Note: These sections make unlawful the cutting, removing or selling of timber by the owner of an undivided interest in land, without the written consent of all interests and authorize proceedings for recovery of timber or damages.
(1.1) Sections 12 and 15 of the Act approved June 4, 1901, P. L. 404, No. 231, 39 P. S. §§ 42, 48.
* * * * * Rule 1550. Acts of Assembly Suspended.
The following Acts of Assembly are suspended insofar as they apply to the practice and procedure in [actions in equity] a civil action to the extent hereinafter set forth, in accordance with Article V, Section 10(c) of the Constitution of 1968:
* * * * * CONFORMING AMENDMENTS CHAPTER 200. BUSINESS OF COURTS Rule 205.4. Electronic Filing and Service of Legal Papers.
* * * * * (g) Copies of all legal papers other than original process filed in an action or served upon any party to an action may be served
* * * * * (2) by electronic transmission, other than facsimile transmission, if the parties agree thereto or an electronic mail address is included on an appearance or prior legal paper filed with the court in the action. Service is complete when the legal paper is sent. A paper served electronically is subject to the certifications set forth in subdivision (b)(1).
Official Note:
* * * * * See Rule 236(d) providing for the prothonotary to give notice of orders[, decrees] and judgments, and also other matters, by facsimile transmission or other electronic means.
* * * * * Rule 227.1. Post-Trial Relief.
(a) After trial and upon the written Motion for Post-Trial Relief filed by any party, the court may
* * * * * (4) affirm, modify or change the decision [or decree nisi]; or
(5) enter any other appropriate order.
Official Note: The motion for post-trial relief replaces the following motions and exceptions: motion for new trial, motion for judgment notwithstanding the verdict, motion upon the whole record after disagreement of a jury, motion in arrest of judgment, motion to remove a nonsuit[,] and exceptions following the decision of the judge in a trial without jury [and exceptions following the adjudication of the judge in an action in equity. However, certain rules retain]
The following rules provide for the filing of exceptions, e.g., Equity Rule 1530 (exceptions to an auditor's report), Equity Rule 1534 (exceptions to a fiduciary's account), Partition Rule 1569 (exceptions to a master's report) and Divorce Rule 1920.55-2 (exceptions to a master's report), Support Rule 1910.12(e) (exceptions to a hearing officer's report) and Execution Rule 3136(d) (exceptions to sheriff's schedule of proposed distribution).
* * * * * (c) Post-trial motions shall be filed within ten days after
* * * * * (2) notice of nonsuit or the filing of the decision [or adjudication] in the case of a trial without jury [or equity trial].
If a party has filed a timely post-trial motion, any other party may file a post-trial motion within ten days after the filing of the first post-trial motion.
Official Note: A motion for post-trial relief may be filed following a trial by jury[,] or a trial by a judge without a jury [in an action at law] pursuant to Rule 1038 [or a trial by a judge without a jury in an action in equity]. A motion for post-trial relief may not be filed to orders disposing of preliminary objections, motions for judgment on the pleadings or for summary judgment, motions relating to discovery or other proceedings which do not constitute a trial. See U. S. National Bank in Johnstown v. Johnson, 506 Pa. 622, 487 A.2d 809 (1985).
* * * * * Rule 227.4. Entry of Judgment upon Praecipe of a Party.
In addition to the provisions of any Rule of Civil Procedure or Act of Assembly authorizing the prothonotary to enter judgment upon praecipe of a party, the prothonotary shall, upon praecipe of a party:
(1) enter judgment upon the verdict of a jury or the decision of a judge following a trial without jury, [or enter the decree nisi as the final decree,] if
* * * * * (2) enter judgment when a court grants or denies relief but does not itself enter judgment or order the prothonotary to do so.
Official Note: See Rule 236 requiring the prothonotary to give notice of the entry of an order[, decree] or judgment and Rule 237 requiring notice of filing of praecipe for judgment. For illustrative Rules of Civil Procedure specifically authorizing entry of judgment by the prothonotary on praecipe of a party, see Rules 1037, 1511(a), 1659, 3031(a), and 3146.
Rule 236. Notice by Prothonotary of Entry of Order[, Decree,] or Judgment.
(a) The prothonotary shall immediately give written notice of the entry of
* * * * * (2) any other order[, decree] or judgment to each party's attorney of record or, if unrepresented, to each party. The notice shall include a copy of the order[, decree] or judgment.
* * * * * (d) The prothonotary may give the notice required by subdivision (a) or notice of other matters by facsimile transmission or other electronic means if the party to whom the notice is to be given or the party's attorney has filed a written request for such method of notification or has included a facsimile or other electronic address on a prior legal paper filed in the action.
Official Note:
* * * * * Notice by facsimile transmission or other electronic means is applicable not only to [decrees,] orders and judgments under subdivision (a) but also to ''other matters'' such as the scheduling of a conference, hearing or trial or other administrative matters. Where the technology involved provides an acknowledgment for the mailing or the receipt of the notice, the prothonotary should retain that acknowledgment as part of his or her file.
* * * * * Rule 237. Notice of Praecipe for Final Judgment [or Decree].
No praecipe for judgment on a verdict[,] or for judgment on a decision in a trial without a jury [or for a final decree following a decree nisi in equity] shall be accepted by the prothonotary unless it includes a certificate that a copy of the praecipe has been mailed to each other party who has appeared in the action or to the attorney of record for each other party.
Rule 249. Authority of Individual Judge.
(a) Except where the court is required to act en banc, a [law] judge may perform any function of the court, including the entry of interlocutory or ex parte orders[, decrees] and other matters in the nature thereof.
(b) A [law] judge may perform a function of the court, other than trying an action, at any time and at any place within the judicial district.
* * * * * Rule 250. Scope of Chapter.
The rules of this chapter shall apply to all civil actions and proceedings [at law and in equity].
CHAPTER 400. SERVICE OF ORIGINAL PROCESS SERVICE GENERALLY Rule 400. Person to Make Service.
* * * * * (b) In addition to service by the sheriff, original process may be served also by a competent adult in the following actions: [equity,]
(1) civil action in which the complaint includes a request for injunctive relief under Rule 1531, perpetuation of testimony under Rule 1532 or appointment of a receiver under Rule 1533,
(2) partition, [prevent waste,] and
(3) declaratory judgment when declaratory relief is the only relief sought.
* * * * * SERVICE OF LEGAL PAPERS OTHER THAN ORIGINAL PROCESS Rule 440. Service of Legal Papers Other than Original Process.
* * * * * (d)(1) A copy may be served by facsimile transmission if the parties agree thereto or if a telephone number for facsimile transmission is included on an appearance or prior legal paper filed with the court.
* * * * * (3) Service is complete when transmission is confirmed as complete
Official Note: See Rule 236(d) providing for the prothonotary to give notice of orders[, decrees] and judgments, and also other matters, by facsimile or other electronic means.
* * * * * CHAPTER 1000. ACTIONS AT LAW Subchapter D. ACTION TO QUIET TITLE Rule 1066. Form of Judgment or Order.
* * * * * (b) Upon granting relief to the plaintiff, the court
* * * * * (3) shall enter a final judgment ordering the defendant, the prothonotary, or the recorder of deeds to file, record, cancel, surrender or satisfy of record, as the case may be, any plan, document, obligation or deed determined to be valid, invalid, satisfied or discharged, and to execute and deliver any document, obligation or deed necessary to make the [decree] order effective; or
* * * * * Subchapter I. ACTION OF MORTGAGE FORECLOSURE Rule 1141. Definition. Conformity to Civil Action.
(a) As used in this chapter,
''action'' means an action [at law] to foreclose a mortgage upon any estate, leasehold or interest in land but shall not include an action to enforce a personal liability
* * * * * CHAPTER 1500. ACTION IN EQUITY Subchapter B. PARTITION OF REAL PROPERTY Rule 1551. Form of Action.
Except as otherwise provided in this chapter, the procedure in an action for the partition of real estate shall be in accordance with the rules relating to the civil action [in equity].
* * * * * Rule 1569. Master's Report. Exceptions.
(a) A master who is appointed by the court shall file a report with respect to the matters submitted. The report shall follow the form of [adjudication] decision in Rule 1570, insofar as the scope of the reference to the master permits.
(b) The master shall give all persons in interest written notice of the date on which he or she intends to file the report and proposed [decree] order and shall specify an address within the county where they may be examined. The master may change the report and proposed [decree] order as he or she deems proper before filing them, but if any changes are made written notice thereof shall be given to all parties.
(c) Within ten days after notice of the filing of the report exceptions may be filed by any party to rulings on evidence, to findings of fact, to conclusions of law and to the proposed [decree nisi] order. The court may, with or without taking testimony, remand the report or enter [an adjudication] a decision in accordance with Rule 1570 which may incorporate by reference the findings and conclusions of the master in whole or in part.
Rule 1570. [Adjudication and Decree] Decision and Order.
(a) The [adjudication] decision shall include findings of fact as follows:
* * * * * (b) The [decree] order shall include:
* * * * * (4) [an order for] a public or private sale of the property or part thereof where required.
Rule 1573. Return of Sale and Schedule of Distribution.
(a) Where the sale has been conducted by a master, the master shall promptly file with the prothonotary a return of sale together with a proposed [decree] order which shall
* * * * * (b) The master shall give all persons in interest written notice of the date on which he or she intends to file the return of sale and proposed [decree] order and shall specify an address within the county where they may be examined. The master may change the return of sale and proposed [decree] order as he or she deems proper before filing them, but if any changes are made written notice thereof shall be given to all parties.
(c) If the court approves the return of sale in whole or in part, the court shall enter an appropriate [decree nisi] order. Any part of the [decree nisi] order as to which a motion for post-trial relief is not filed within ten days shall become final.
Subchapter C. ACTIONS TO PREVENT WASTE Rule 1576. [Remedies in Pending Actions] (Rescinded).
Official Note: A claim to prevent waste may be brought as a civil action for equitable relief.
Rule 1577. [Original Actions. Conformity to Equity] (Rescinded).
Official Note: An original action to restrain waste should be brought as a civil action seeking equitable relief.
Subchapter D. ACTS OF ASSEMBLY NOT SUSPENDED Rule 1580. [Actions to Prevent Waste. Act of Assembly Not Suspended] (Rescinded).
Official Note: The provision of this rule has been transferred to Rule 1549(1).
CHAPTER 1600. ACTION FOR DECLARATORY JUDGMENT Rule 1601. Action for Declaratory Relief Alone. Jury Trial. Waiver.
(a) A plaintiff seeking only declaratory relief shall commence an action by filing a complaint captioned ''Action for Declaratory Judgment.'' The practice and procedure shall follow, as nearly as may be, the rules governing the [Action in Equity] civil action.
* * * * * Official Note: Rule 1601(b) gives no specific guidance on the existence of a right to jury trial. It could not, in the face of Rule 128(f). Section 7539(b) of the Judicial Code provides:
* * * * * The existence of a right to jury trial on disputed issues of fact will be a matter of determination in each action where only declaratory relief is sought. If the right is claimed and disputed, the court must determine the question on the basis of the nature of the cause of action, the right to be enforced and the ''other civil action'' which would be brought to enforce it if declaratory judgment did not exist. The flexible Federal practice under Fed. R. Civ. P. 38, 39 and 57, including the procedure for the jury trial of selected issues, may be helpful. Pa. R.C.P. [1513] 1038.3 may also be applicable.
Rule 1602. Declaratory Judgment as Ancillary Relief.
In any civil action [at law or in equity], a party may include in the claim for relief a prayer for declaratory relief and the practice and procedure shall follow, as nearly as may be, the rules governing that action.
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[Continued from previous Web Page] CHAPTER 2000. ACTIONS BY REAL PARTIES IN INTEREST Rule 2001. Definitions
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court of record which is subject to these rules.
CHAPTER 2020. MINORS AS PARTIES Rule 2026. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court of record which is subject to these rules;
* * * * * ''judgment'' means any final judgment or final [decree] order entered in any action.
CHAPTER 2050. INCAPACITATED PERSONS AS PARTIES Rule 2051. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court of record which is subject to these rules;
* * * * * CHAPTER 2100. THE COMMONWEALTH AND POLITICAL SUBDIVISIONS AS PARTIES Rule 2101. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court which is subject to these rules.
* * * * * CHAPTER 2120. PARTNERSHIPS AS PARTIES Rule 2126. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court which is subject to these rules;
* * * * * Rule 2129. Actions between partnerships and partners.
An action may be prosecuted [at law] by a partnership against one or more of the partners thereof, or against such partners together with persons not partners; or by one or more partners, or by such partners together with other persons not partners, against the partnership. [No such action may be prosecuted in equity unless there is ground for equitable jurisdiction other than the fact that the action is between a partnership and one or more partners.]
Rule 2130. Venue.
(a) Except as otherwise provided by Rule 1006(a.1) and by subdivision (c) of this rule, an action against a partnership may be brought in and only in a county where the partnership regularly conducts business, or in the county where the cause of action arose or in a county where a transaction or occurrence took place out of which the cause of actions arose or in the county where 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.
* * * * * CHAPTER 2150. UNINCORPORATED ASSOCIATIONS AS PARTIES Rule 2151. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court which is subject to these rules;
* * * * * Rule 2154. Actions between associations and members.
An action may be prosecuted [at law] by an association against one or more of the members thereof, or against such members together with persons not members; or by one or more members, or by such members together with other persons not members, against the association. [No such action may be prosecuted in equity unless there is ground for equitable jurisdiction other than the fact that the action is between an association and one or more members.]
* * * * * Rule 2156. Venue.
(a) Except as otherwise provided by Rule 1006(a.1) and by subdivision (b) of this rule, an action against an association may be brought in and only in a county where the association regularly conducts business or any association activity, or in the county where the cause of action arose or in a county where a transaction or occurrence took place out of which the cause of actions arose or in the county where 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.
* * * * * CHAPTER 2170. CORPORATIONS AND SIMILAR ENTITIES AS PARTIES Rule 2176. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court which is subject to these rules;
* * * * * Rule 2178. Actions between a corporation or similar entity and members thereof.
An action may be prosecuted by a corporation or similar entity against one or more of the members thereof, or against members together with persons not members; or by one or more members, or by members together with other persons not members, against the corporation or similar entity. [No such action may be prosecuted in equity unless there is ground for equitable jurisdiction other than the fact that the action is between a corporation or similar entity and one or more members thereof.]
Official Note: This rule is [an adaptation of Pa. R.C.P. No. 2129 (Partnerships as Parties), and Pa. R.C.P. No. 2154 (Unincorporated associations as parties).
It is] designed to apply to all actions between a corporation or similar entity and its members, including those actions in which an accounting has been asked.
Rule 2179. Venue.
(a) Except as otherwise provided by an Act of Assembly, by Rule 1006(a.1) or by subdivision (b) of this rule, a personal action against a corporation or similar entity may be brought in and only in
* * * * * (3) the county where the cause of action arose; [or]
(4) a county where a transaction or occurrence took place out of which the cause of action arose[.], or
(5) a county where 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.
* * * * * CHAPTER 2200. ACTIONS FOR WRONGFUL DEATH Rule 2201. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law] brought in or appealed to any court of record which is subject to these rules;
* * * * * CHAPTER 2220. JOINDER OF PARTIES Rule 2226. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court of record which is subject to these rules.
CHAPTER 2250. JOINDER OF ADDITIONAL DEFENDANTS Rule 2251. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court of record which is subject to these rules.
* * * * * CHAPTER 2300. INTERPLEADER BY DEFENDANTS Rule 2301. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court which is subject to these rules;
* * * * * Rule 2318. Exclusive method [at law; equity]. Civil Action interpleader preserved.
The right of interpleader conferred by these rules shall be the exclusive method of interpleader in any action [at law] and shall be in addition to, and not in lieu of, the right to [file a bill in equity] commence a civil action for an interpleader.
CHAPTER 2320. INTERVENTION Rule 2326. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court of record which is subject to these rules.
Rule 2328. Petition to intervene.
(a) Application for leave to intervene shall be made by a petition in the form of and verified in the manner of a plaintiff's initial pleading in a civil action, setting forth the ground on which intervention is sought and a statement of the relief or the defense which the petitioner desires to demand or assert. The petitioner shall attach to the petition a copy of any pleading which the petitioner will file in the action if permitted to intervene or shall state in the petition that the petitioner adopts by reference in whole or in part certain named pleadings or parts of pleadings already filed in the action.
[Official Note: This subdivision adopts the equity practice. See Franklin Nat. Bank v. Kennerly Coal & Coke Co., 300 Pa. 479, 483, 484, 150 A. 902 (1930).]
* * * * * CHAPTER 2350. SUBSTITUTION OF PARTIES Rule 2351. Definitions.
As used in this chapter
''action'' means any civil action or proceeding [at law or in equity] brought in or appealed to any court of record which is subject to these rules, including actions to obtain judgment upon a mechanics' lien claim but shall not include actions to enforce municipal liens and claims;
* * * * * CHAPTER 3000. JUDGMENTS Subchapter A. TRANSFER OF JUDGMENTS TO OTHER COUNTIES Rule 3001. Definition.
As used in this chapter
''judgment'' means a judgment[,] or order [or decree] requiring the payment of money or adjudicating the right to possession in an action of replevin, including a final or interlocutory order for the payment of costs entered in any court which is subject to these rules, either originally or upon transcript or certification from another court within the same county.
Subchapter D. ENFORCEMENT OF MONEY JUDGMENTS FOR THE PAYMENT OF MONEY Rule 3101. Definitions; garnishee.
(a) As used in this chapter
''judgment'' means a judgment[,] or order[, or decree] requiring the payment of money entered in any court which is subject to these rules, including a final or interlocutory order for payment of costs, except a judgment against the Commonwealth, a political subdivision or a public authority;
Official Note: The enforcement of judgments in special actions of ejectment, replevin and mortgage foreclosure [are] is governed by Rules of Civil Procedure 3160 et seq.
* * * * * Rule 3131. Sale of real property located in more than one county.
* * * * * (c) The court may enter judgment upon the pleadings or take evidence by deposition or otherwise, shall [decree] order the extent of the real property which shall be subjected to execution, describing it by metes and bounds, shall designate the place of sale, and shall control the distribution of the proceeds of sale. The court may apportion the proceeds so as to satisfy prior lienors, including those having a lien upon a portion of a single tract which lay in a different county and which was not sold on execution.
* * * * * CHAPTER 4000. DEPOSITIONS AND DISCOVERY Rule 4001. Scope. Definitions.
(a) The rules of this chapter apply to any civil action or proceeding [at law or in equity] brought in or appealed to any court which is subject to these rules including any action pursuant to the Eminent Domain Code of 1964 or the Municipal Claims Act of 1923.
* * * * * EXPLANATORY COMMENT Consolidation of the Action in Equity with the Civil Action Introduction I. Amendments to the Rules Governing the Civil Action II. Amendment of the Rules Governing the Action in Equity III. Conforming Amendments Tables Introduction
The separate action in equity has been abolished and the rules governing the civil action have been amended to include equitable relief. The consolidated civil action allows the court in a ''unified judicial system'' to grant the relief to which the parties are entitled, whether legal or equitable.
The amendments address the concept of form of action, not cause of action. In merging the action in equity into the civil action, the action in equity as a separate form of action has been abolished but the cause of action in equity remains. The amendments have no effect upon a party's entitlement to equitable relief. Stated another way, a court may grant equitable relief only if a party is entitled to such relief as a matter of law.1
While a substantial number of civil action and equity rules have been affected by the consolidation, many rules remain unchanged. Table I appended to this comment lists the civil action and equity rules which have been amended. Table II lists those equity rules which have been rescinded. Table III sets forth those rules which are not affected by the consolidation of the civil action and the action in equity. Finally, Table IV lists the conforming amendments, i.e., additional rules of civil procedure affected by the consolidation.
I. Amendments to the Rules Governing the Civil Action
a. Scope of the Civil Action
Rule 1001(b) has been amended to define the civil action as one ''in which shall be brought all claims for relief heretofore asserted in'' the actions of assumpsit, trespass and equity. Rule 1501 conforming the procedure in the action in equity to the procedure of the civil action has been rescinded.
Rule 1506 (stockholder's derivative suits), Rule 1521 (indexing of the decree), Rule 1531 (injunctive relief), Rule 1532 (perpetuation of testimony), Rule 1533 (receivers), Rule 1534 (accounting by fiduciaries) and Rule 1535 (objections to security) continue as part of the civil action. These rules provide the procedure when equitable relief is sought in the context of the civil action.
The action to prevent waste has been abolished. The relief sought in that action is injunctive relief which may be obtained in the consolidated civil action.
The action for declaratory judgment remains a separate form of action. Rule 1601 governing the action when declaratory relief alone is sought has been amended to provide that the procedure will conform to the civil action rather than to the action in equity. Rule 1602 governing the procedure when declaratory relief is sought as ancillary relief has been amended to delete the phrase ''at law or in equity'' but is otherwise unchanged.
The action for partition of real property also remains a separate form of action. Rules 1551, 1569, 1570 and 1573 are amended to conform the procedure to the civil action rather than the action in equity.
b. Venue
The former civil action venue provision in Rule 1006(a) continues as subdivision (a)(1). New subdivision (a)(2) has been added to provide venue when equitable relief is sought with respect to property. Similar to its counterpart in rescinded Rule 1503, subdivision (a)(2) authorizes venue in the county in which
(2) 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.
Conforming amendments are made to Venue Rules 2130 (partnerships), 2156 (unincorporated associations) and 2178 (corporations and similar entities).
c. Service of Original Process
Prior to the present amendment, Rule 400(b), in relevant part, authorized service in an action in equity to be made by the sheriff or a competent adult. The rule as amended is more limited, applying to a ''civil action in which the complaint includes a request for injunctive relief under Rule 1531, perpetuation of testimony under Rule 1532 or appointment of a receiver under Rule 1533.''
Rule 400(b) is also amended to delete the reference to the action to prevent waste which, as noted above, is no longer a separate form of action.
The note to Service Rule 440(d) has been amended by deleting the reference to a ''decree.'' As noted later in this comment, the term ''decree'' has been eliminated in favor of the term ''order.''
Equity Rule 1505. ''Defendant Not Served,'' has been rescinded as unnecessary.
d. Trial by Jury
The right to trial by jury is either constitutionally mandated or provided by Act of Assembly. The merger of the action in equity into the civil action does not affect the right so provided.
Consequently, Rule 1007.1 governing trial by jury remains unchanged. A note has been added to Rule 1007.1(a) to cross-refer to Rule 128(f) providing that ''no rule shall be construed to confer a right to trial by jury where such right does not otherwise exist.'' The elimination of the reference to subdivision (d) (previously rescinded) and the rescission of the note to subdivision (d) effect no change in practice.
Rule 1513 providing for trial by jury and an advisory verdict in the action in equity has been retained in the civil action as new Rule 1038.3. Language is added to ensure that the rule will be limited to civil actions in which there is a claim for equitable relief.
A case may involve claims, one or more of which are triable by jury and others which are triable by the court without a jury. Such a case will necessarily require that the court exercise its discretion in the manner in which the case will proceed. For instance, the court may need to decide whether all claims should be tried at the same time or certain claims should be bifurcated, whether claims triable by jury should be tried before or after claims tried to the court, and whether to invoke new Rule 1038.3 providing for an advisory verdict. Rules cannot dictate the procedure for a particular case. The course of the proceedings will depend upon the ''good judgment'' of the court in viewing the totality of the case.
e. Joinder of Causes of Action
Rule 1020(a) governing the permissive joinder of causes of action is revised to refer to a ''cause of action cognizable in a civil action'' rather than a ''cause of action heretofore asserted in assumpsit and trespass.'' Causes of action cognizable in a civil action are set forth in Rule 1001(b) and include the former actions of assumpsit, trespass and equity.
Subdivision (d)(1) of Rule 1020 governs mandatory joinder of related causes of action. It is revised to include related causes of action ''heretofore asserted in assumpsit and trespass'' but makes no mention of causes of action in equity. Thus, the former mandatory provision is continued only as to related claims previously asserted in assumpsit and trespass. The former practice of permissive joinder of related claims in equity is also continued.
The mandatory joinder of related causes of action for equitable relief is not feasible. It frequently occurs that equitable relief is needed quickly before a suit with all of its aspects may be prepared and filed. In addition, the full ramifications of a transaction or occurrence may not be fully known at the time an action is commenced, making it impossible to initially request all of the relief which eventually may be determined to be appropriate.
Subdivision (d) of Rule 1020 was formerly divided into five paragraphs, three of which were previously rescinded. Subdivision (d)(4) has been transposed to paragraph (1) as the second sentence. Consequently, subdivisions (d)(2) through (5) have been deleted and subdivision (d)(1) has become simply subdivision (d).
In light of the foregoing, Rule 1508 governing the pleading of more than one cause of action in equity has been rescinded.
With respect to a counterclaim, Equity Rule 1510 has been rescinded and Civil Action Rule 1031 has been amended to allow the pleading as a counterclaim of ''any cause of action cognizable in a civil action.''
f. Preliminary Objections and Defenses
Prior to the present amendment, Rule 1028(a) set forth six preliminary objections which applied to the civil action and which were incorporated into the action in equity by Rule 1509(a). These six preliminary objections, subdivision (a)(1) through (6), will continue to be applicable to the consolidated civil action.
Two new objections have been added to Rule 1028(a) as subparagraphs (7) and (8). These new provisions are derived from former Equity Rule 1509(b) and (c).
Rule 1509(b) provided for the objections of laches and failure to exercise or exhaust a statutory remedy to be raised by preliminary objection, answer or reply. However, the objections were not waived if not pleaded. These two objections have been disposed of separately. First, the objection of laches will be raised in new matter only. To this end, laches has not been included in amended Rule 1028(a) as a preliminary objection but continues as part of the list of defenses set forth in Rule 1030 governing new matter. Second, the objection of failure to exercise or exhaust a statutory remedy will be limited to preliminary objections. To this end, this objection has been included in Rule 1028(a) as new paragraph (7). Under Rule 1032(a) governing waiver of defenses, as amended, the objection of laches will be waived for failure to plead it but the objection of failure to exercise or exhaust a statutory remedy will not be waived.
Rule 1509(c) provided for the objection of the existence of a full, complete and adequate non-statutory remedy at law to be raised by preliminary objection. The rule made two points with respect to the objection. First, the objection was waived for failure to plead it. Second, if the objection was sustained, the court was required to certify the action to the law side of the court.
The objection of the existence of a full, complete and adequate non-statutory remedy at law has been added to Rule 1028(a) as new paragraph (8). At the same time, Rule 1032(a) has been amended to provide that there will be no waiver if the defense is not pleaded.
The provision of the present equity rule for transfer to the law side of the court in the event the objection is sustained, has not been continued. Under the consolidated civil action, there is no law side and no equity side. There is simply ''the court'' which is empowered to grant appropriate relief whether legal or equitable.
Although the procedural aspect of the objection of the existence of a full, complete and adequate non-statutory remedy at law is not continued, the objection retains vitality as a principle of substantive law barring the court from granting equitable relief.
g. Default Judgment
Civil Action Rule 1037 (b) is revised to prohibit the prothonotary from granting equitable relief admitted to be due by the defendant's pleadings. This is left to new subdivision (d) which incorporates the substance of former Equity Rule 1511(b) providing that ''In all cases, the court shall enter an appropriate final decree . . .'' In view of the amendment to Rule 1037, Equity Rule 1511 has been rescinded.
h. Decision and Adjudication
Civil Action Rule 1038, ''Trial without Jury,'' will govern trials of the consolidated civil action by a judge without a jury. There are two technical revisions to the rule which are unrelated to the basic purpose of consolidating the civil action and the action in equity. The first is a conforming amendment to subdivision (a)(1) deleting as unnecessary the words ''suffer or'' with respect to a nonsuit. The second is the deletion of references to previously rescinded subdivisions (d) through (f) and obsolete subdivision (g).
A note has been added to the rule explaining that a decision includes what were formerly known as an adjudication and a decree nisi. Thus, a trial judge sitting without a jury will, at the conclusion of the trial, render a decision which will grant or deny relief, whether legal or equitable, as may be appropriate. Unless there is an Act of Assembly or general rule to the contrary, the decision will not constitute a final order or judgment.
The former practice in an action in equity set forth in the following rules has been abolished:
1. Rule 1516 governing oral argument and providing a limitation on requests for findings and conclusions,
2. Rule 1517 governing the adjudication, and
3. Rule 1520 governing the form of decree.
II. Amendments to the Rules Governing the Action in Equity
a. Equity Rules Rescinded
The following rules were discussed In Part I and have been rescinded in light of amendments to the civil actions rules.
Rule 1501. Conformity to Civil Action Rule 1503. Venue Rule 1505. Defendant Not Served Rule 1508. Pleading More than One Cause of Action Rule 1509. Preliminary Objections Rule 1510. Counterclaim Rule 1511. Judgment upon Default or Admission Rule 1513. Trial by Jury. Advisory Verdict Rule 1516. Oral Argument. Limitation on Requests for Findings and Conclusions Rule 1517. The Adjudication. Notice Rule 1520. Form of Decree The following rules have also been rescinded:
1. Rule 1502. Court Open
Rule 1502 providing that the equity side of the court shall always be open has been rescinded as unnecessary in light of Section 324 of the Judicial Code, 42 Pa.C.S. § 324, which contains a similar provision.
2. Rule 1507. Possible Persons Interested in Property
Rule 1507 was concerned with ''a person interested in property'' who should be made a party ''but the person's name or interest in the property cannot be ascertained and the person is not represented in the action.'' The rule has been rescinded as unnecessary since the subject of the rule is covered by the law relating to indispensable parties.
3. Rule 1514. Examiners, Masters and Auditors
4. Rule 1515. Accountants and Experts
The court has inherent power to appoint such persons as are necessary to enable or facilitate the court in deciding cases. Rules providing for the appointment of such persons or denying that power are not required in the consolidated civil action.
5. Rule 1522. Rehearing
Rule 1522 governing rehearing is rescinded as unnecessary in light of Rule of Appellate Procedure 1701(b) providing for reconsideration of an order.
6. Rules 1523 through 1527. Costs
Costs have been sought in a civil action though no rules prescribe a procedure to do so. Special rules are not required simply because the civil action will include equitable as well as legal relief. Thus, Rules 1523 through 1527 have been rescinded.
7. Rule 1528. Amendments
Rule 1528 governed amendment of the prayer for relief in an action in equity. Civil Action Rule 1033 provides a procedure for the amendment of a pleading. Consequently, Rule 1528 has been rescinded as unnecessary.
8. Rule 1529. Enforcement of Orders. Execution Process
Rule 1529, concerned with several aspects of execution process, has been rescinded.
Subdivision (a) of the rule made execution process available in actions at law available also to actions in equity. With the consolidation of the forms of action, this provision is no longer necessary.
Subdivision (b) authorized the court to order the prothonotary or sheriff to perform an act which the party fails to perform. The power of contempt rendered this provision unnecessary.
Subdivision (c) referred to arrest by attachment. Arrest, though limited by the Judicial Code, is an inherent power for which a rule is not necessary.
9. Rule 1530. Special Relief. Accounting
Civil Action Rule 1021 presently permits a party to demand relief in the alternative or of several different types, ''including an accounting.'' There are no special civil action rules governing an accounting yet the remedy is available in the civil action. No special rule is required to govern an accounting so that Rule 1530 has been rescinded.
10. Rule 1536. Effective Date. Pending Actions
Rule 1536 has been rescinded as obsolete. It had application only upon promulgation of the original equity rules in 1952.
b. Equity Rules Amended
1. Rule 1521. Indexing of Decree. Lien and Revival of Decree for Payment of Money
Rule 1521 is revised to eliminate references to the law side of the court. Otherwise, the rule remains unchanged.
2. Rule 1531. Special Relief. Injunctions
Rule 1531(f) is revised by substituting the term ''order'' in place of ''decree.'' In addition, the cross-reference is revised as it referred to Rule 1517 which is rescinded. The revised reference is to Rule 1038(b) and (c) which govern trials without a jury whether the relief sought is legal or equitable.
3. Rule 1532. Special Relief. Perpetuation of Testimony
Rule 1533. Special Relief. Receivers
Rule 1532(b) and Rule 1533(e) and (g) of Rule 1533 are revised by substituting the term ''order'' in place of ''decree.''
c. Equity Rules Unchanged
Three former equity rules remain unchanged. However, instead of being viewed as rules governing the action in equity, they will be considered as rules governing equitable relief in the context of a civil action. These rules are:
1. Rule 1506. Stockholder's Derivative Action
2. Rule 1534. Accounting by Fiduciaries
3. Rule 1535. Objections to Security
III. Conforming Amendments
The conforming amendments revise various rules to accommodate the consolidated civil action. These amendments do not themselves affect practice or procedure. Generally, the amendments delete references to actions at law and actions in equity, replacing them with the ''civil action.'' Similarly, the terms ''decree'' and ''adjudication'' found in a number of rules are deleted and replaced with the terms ''order'' and ''decision.''
By the Civil Procedural Rules Committee
R. STANTON WETTICK, Jr.,
ChairTables I. Civil Action and Equity Rules Amended Civil Action Rules Rule 1001. Definition. Scope Rule 1006. Venue. Change of Venue Rule 1007.1. Jury Trial. Demand. Waiver Rule 1020. Pleading More than One Cause of action. Alternative Pleading. Failure to Join. Bar Rule 1028. Preliminary Objections Rule 1031. Counterclaim Rule 1032. Waiver of Defenses. Exceptions. Suggestion of Lack of Subject Matter Jurisdiction of Failure to Join Indispensable Party Rule 1037. Judgment Upon Default or Admission. Assessment of Damages Rule 1038. Trial Without Jury Order Effective February 8, 1969
Captioning and Docketing of Actions and Proceedings in the Courts of Common Pleas
Equity Rule 1521. Indexing of Decree. Lien and Revival of Decree for Payment of Money Rule 1531. Special Relief. Injunctions Rule 1532. Special Relief. Perpetuation of Testimony Rule 1533. Special Relief. Receivers Rule 1549. Acts of Assembly Not Suspended Rule 1550. Acts of Assembly Suspended II. Equity Rules Rescinded Rule 1501. Conformity to Civil Action Rule 1502. Court Open Rule 1503. Venue Rule 1504. (Previously rescinded) Rule 1505. Defendant Not Served Rule 1507. Specific Averments. Possible Persons Interested in Property. Appointment of a Representative Rule 1508. Pleading More than One Cause of Action Rule 1509. Preliminary Objections Rule 1510. Counterclaim Rule 1511. Judgment upon Default or Admission Rule 1512. Nonsuit Rule 1513. Trial by Jury. Advisory Verdict Rule 1514. Examiners, Masters and Auditors Rule 1515. Accountants and Experts Rule 1516. Oral Argument. Limitation On Requests for Findings and Conclusions Rule 1517. The Adjudication. Notice Rule 1518. (Previously rescinded) Rule 1519. (Previously rescinded) Rule 1520. Form of Decree Rule 1522. Rehearing Rule 1523. Costs Rule 1524. Security for Costs Rule 1525. Interlocutory Order for Costs Rule 1526. Liability for Costs Rule 1527. Taxation of Costs Rule 1528. Amendments Rule 1529. Enforcement of Orders. Execution Process Rule 1530. Special Relief. Accounting Rule 1536. Effective Date. Pending Actions III. Civil Action and Equity Rules Unaffected Civil Action Rule 1002. Authority of Attorney Rule 1003. Waiver of Rules. Extension of Time Rule 1007. Commencement of Action Rule 1012. Entry of Appearance. Withdrawal of Appearance. Notice Rule 1018. Caption Rule 1018.1. Notice to Defend. Form Rule 1019. Contents of Pleadings. General and Specific Averments Rule 1021. Claim for relief. Determination of Amount in Controversy Rule 1022. Paragraphing Rule 1023.1 et seq. Signing of Documents Rule 1024. Verification Rule 1025. Endorsement Rule 1026. Time for Filing. Notice to Plead Rule 1029. Denials. Effect of Failure to Deny Rule 1030. New Matter Rule 1033. Amendment Rule 1034. Motion for Judgment on the Pleadings Rules 1035.1--
1035.5.Summary Judgment Rule 1036. Dismissal Upon Affidavit of Noninvolvement Rule 1038.1. Case Submitted on Stipulated Facts Rule 1038.2. Abolition of Case Stated Equity Rule 1506. Stockholder's Derivative Action Rule 1534. Accounting by Fiduciaries Rule 1535. Objections to Security IV. Conforming Amendments Business of the Courts Rule 205.4. Electronic Filing And Service of Legal Papers Rule 227.1. Post-Trial Relief Rule 227.4. Entry of Judgment upon Praecipe of a Party Rule 236. Notice by Prothonotary of Entry of Order, Decree, or Judgment Rule 237. Notice of Praecipe for Final Judgment or Decree Rule 249. Authority of Individual Judge Rule 250. Scope of Chapter Service Rule 400. Person to Make Service Rule 440. Service of Legal Papers other than Original Process Action to Quiet Title Rule 1066. Form of Judgment or Order Action of Mortgage Foreclosure Rule 1141. Definitions. Conformity to Civil Action Partition of Real Property Rule 1551. Form of Action Rule 1569. Master's Report. Exceptions Rule 1570. Adjudication and Decree. Decision Rule 1573. Return of Sale and Schedule of Distribution Action to Prevent Waste Rule 1576. Remedies in Pending Actions Rule 1577. Original Actions. Conformity to Equity Action for Declaratory Judgment Rule 1601. Action for Declaratory Relief Alone. Jury Trial. Waiver Rule 1602. Declaratory Judgment as Ancillary Relief Actions by Real Parties in Interest Rule 2001. Definitions Minors as Parties Rule 2026. Definitions Incapacitated Persons as Parties Rule 2051. Definitions The Commonwealth and Political Subdivisions as Parties Rule 2101. Definitions Partnerships as Parties Rule 2126. Definitions Rule 2129. Actions between Partnerships and Partners Rule 2130. Venue Unincorporated Associations as Parties Rule 2151. Definitions Rule 2154. Actions between Associations and Members Rule 2156. Venue Corporations and Similar Entities as Parties Rule 2176. Definitions Rule 2178. Actions between a Corporation or Similar Entity and Members Thereof Rule 2179. Venue Actions for Wrongful Death Rule 2201. Definitions Joinder of Parties Rule 2226. Definitions Joinder of Additional Defendants Rule 2251. Definitions Interpleader by Defendants Rule 2301. Definitions Rule 2318. Exclusive Method at Law. Equity Interpleader Preserved Intervention Rule 2326. Definitions Rule 2328. Petition to Intervene Substitution of Parties Rule 2351. Definitions Transfer of Judgments to Other Counties Rule 3001. Definition Enforcement of Judgments for the Payment of Money Rule 3101. Definitions. Garnishee Rule 3131. Sale of Real Property Located in More than One County Discovery Rule 4001. Definitions ______
1The Order of 1969 is published in the Pennsylvania Rules of Court Pamphlet (West Group 2003) following Rule of Civil Procedure 1018.
1The discussion under Rule 1028 (Preliminary objections) of the objection of the existence of a full, complete and adequate non-statutory remedy at law illustrates this point.
[Pa.B. Doc. No. 04-3. Filed for public inspection January 2, 2004, 9:00 a.m.]
