Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2250 - JOINDER OF ADDITIONAL DEFENDANTS › Rule 2258-2263 - Superseded

Current through Register Vol. 54, No. 28, July 13, 2024
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				  effective Sept. 4, 1939, were superseded by Order filed Dec. 30, 1942 which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."