Section 1001. Definition. Scope

(a) As used in this chapter and in Rules 1506 and 1531 through 1535, ‘‘action’’ means a civil action brought in or appealed to any court which is subject to these rules.

(b) There shall be a ‘‘civil action’’ in which shall be brought all claims for relief heretofore aserted 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, 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 1041.1 for special provisions governing asbestos litigation.

(c) Other forms of action which incorporate these rules by reference shall be known as ‘‘civil action—[type of action].’’

Official Note

For example, the action of mandamus shall be known as ‘‘civil action—mandamus.’’

The provisions of this Rule 1001 adopted June 25, 1946, effective January 1, 1947; amended through December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended April 4, 1990, effective July 1, 1990, 20 Pa.B. 2281; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended October 15, 2004, effective immediately, 34 Pa.B. 5889. Immediately preceding text appears at serial pages (302448) to (302449).