Section 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-claims in an action involving an additional defendant.

See Rule 213(a) and (b) governing consolidation and severance of causes of action.

(b) A counterclaim need not diminish or defeat the relief demanded by the plaintiff. It may demand relief exceeding in amount or different in kind from that demanded by the plaintiff.

The provisions of Rule 1031 adopted June 25, 1946, effective January 1, 1947; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended March 23, 2007, effective June 1, 2007, 37 Pa.B. 1480. Immediately preceding text appears at serial page (315131).