Section 1026. Time for Filing. Notice to Plead  


Latest version.
  • (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.

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).