1207 Proposed amendment to Rule 1019(h) governing pleading; proposed recommendation no. 163

Title 231--RULES OF
CIVIL PROCEDURE

PART I.  GENERAL

[231 PA. CODE CH. 1000]

Proposed Amendment to Rule 1019(h) Governing Pleading; Proposed Recommendation No. 163

[30 Pa.B. 3565]

   The Civil Procedural Rules Committee is proposing the amendment of Rule of Civil Procedure 1019(h) governing pleading of a claim or defense based upon a writing. The proposed recommendation is being submitted to the bench and bar for comments and suggestions prior to its submission to the Supreme Court.

   All communications in reference to the proposed recommendation should be sent not later than September 8, 2000 to:
Harold K. Don, Jr., Counsel
Civil Procedural Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, Pennsylvania 17055
or E-Mail to
[e-mail]

   The Explanatory Comment which appears in connection with the proposed recommendation has been inserted by the Committee for the convenience of the bench and bar. It will not constitute part of the rules of civil procedure and it will not be officially adopted or promulgated by the Court.

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 1000.  ACTIONS AT LAW

PLEADINGS

Rule 1019.  Contents of Pleadings. General and Specific Averments.

*      *      *      *      *

   (h) (1)  [A pleading shall state specifically whether any claim or defense set forth therein is based upon a writing.] When any claim or defense arises from an agreement, the pleading shall state specifically whether the agreement is oral or written.

   (2)  [If so] 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.

Explanatory Comment

   The Civil Procedural Rules Committee is proposing that Rule 1019 be amended by revising subdivision (h) governing the pleading of a writing. The two sentences of the present subdivision are designated as paragraphs (1) and (2). By the proposed amendment, paragraph (1) is made specifically applicable to a claim or defense based upon anagreement. The pleading must ''state whether the agreement is oral or written.''

By the Civil Procedural
Rules Committee

REA BOYLAN THOMAS,   
Chair

[Pa.B. Doc. No. 00-1207. Filed for public inspection July 14, 2000, 9:00 a.m.]