Current through Register Vol. 54, No. 19, May 11, 2024
Rule 1041.1 - Asbestos Litigation. Special Provisions(a) In an action involving any allegation for injury or death arising from exposure to asbestos, the rules of civil procedure governing a civil action shall apply except as provided by this rule(b) The caption of all legal papers filed in the action shall contain the designation "Civil Action-Asbestos."(c) Within twenty days after service of the complaint, the defendant shall enter an appearance which shall constitute (1) a denial of all averments of fact in the complaint,(2) an allegation of all affirmative defenses, and(3) a claim for indemnification and contribution from any other party.(d) Except for the filing of preliminary objections pursuant to Rule 1028(a)(1), (2), (5) and (6) and a complaint to join an additional defendant, there shall be no further pleading after the complaint.(e) Leave of court to join an additional defendant later than the sixty-day period described by Rule 2253 shall not be required, but the party joined, upon preliminary objection, may request that the joinder be stricken.(f) A motion for summary judgment filed by one defendant alleging a ground common to one or more other defendants shall be deemed filed on behalf of all such defendantsThe provisions of this Rule 1041.1 adopted April 4, 1990, effective 7/1/1990, 20 Pa.B. 2281; amended March 11, 1991, effective 7/1/1991, 21 Pa.B. 1274; amended November 19, 1991, effective 1/1/1992, 22 Pa.B. 5637.