Section 2258—2263. Superseded

See Editorial Comment preceding Rule 2251.

Rules 2258-2263 as originally adopted Feb. 14, 1939, effective Sept. 4, 1939, were superseded by Order filed Dec. 30, 1942 which adopted provisions relating to ‘‘Joinder of Additional Defendants’’ as now set forth in Rules 2251-2257, 2274, 2275 herein.

Rules 2258-2263 read as follows:

‘‘Rule 2258. Supplementary statement of plaintiff.

‘‘(a) A plaintiff desiring to assert a claim against an additional defendant shall file a supplementary statement of his cause of action against such additional defendant within twenty days after service upon the plaintiff of a copy of the answer of the additional defendant, unless the court shall extend the time for filing such supplementary statement upon cause shown. The allegations of the supplementary statement may be made upon information without prejudice to the right of the plaintiff to maintain the correctness of the allegations in his original pleading.

‘‘(b) Upon the filing of such supplementary statement, the subsequent proceedings between the plaintiff filing such supplementary statement and the additional defendant shall be in conformity with the statutes and rules relating to pleading and practice between parties plaintiff and defendant in actions at law, except where otherwise provided by these rules.

‘‘(c) The failure of the plaintiff to file a supplementary statement within the period fixed by clause (a) of this rule shall bar him from any recovery against such additional defendant.

‘‘Rule 2259. Counterclaims and setoffs.

‘‘(a) A defendant who asserts against the plaintiff any counterclaim or setoff except one which is founded upon the transaction, occurrence or series of transactions or occurrences giving rise to the original cause of action may not bring an additional defendant upon the record.

‘‘(b) An additional defendant may assert in his answer, against any party asserting a claim against him, any counterclaim or setoff which he would be entitled to assert if independently sued in a separate action by such party, except that an additional defendant who asserts against any such party any counterclaim or setoff except one which is founded upon the transaction, occurrence or series of transactions or occurrences giving rise to the original plaintiff’s cause of action may not bring a further additional defendant upon the record.

‘‘(c) In any action in which a counterclaim or setoff is asserted by a defendant against a plaintiff, the plaintiff shall have all the rights of a defendant under these rules to bring additional parties upon the record. Such additional parties shall have all the rights of additional defendants under these rules.

‘‘Rule 2260. Pre-trial conference. Upon the expiration of the period for the filing of pleadings by all parties the court shall direct a pre-trial conference under Rule 212.

‘‘Rule 2261. Control of court over litigants. The court in its discretion may determine the extent to which any party of record may participate in proceedings which do not directly involve his rights or liabilities and may determine the order in which the parties shall present their evidence.

‘‘Rule 2262. Verdict, specific findings and judgment.

‘‘(a) In every action before a jury in which an additional party has been brought upon the record, all questions submitted to the jury for specific findings shall be in writing and shall be prepared or approved by the court. The jury shall take such questions with it upon retiring for deliberation, and the foreman of the jury shall write after each question the finding of the jury in response thereto.

‘‘(b) In every action in which an additional party has been brought upon the record, the court or the jury, as the case may be, in addition to any general verdict or finding, shall make such specific findings as will determine the liabilities of all parties inter se. The judgments entered in such action shall determine the liabilities of all parties inter se.

‘‘Rule 2263. Practice. Except where otherwise provided by these rules, the pleadings and practice after service of the petition and order shall be in conformity with the statutes and rules relating to pleadings and practice in actions at law.’’