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231 Pa. Code Rule 1041.1. Asbestos Litigation. Special Provisions.

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.

   Official Note

   This rule applies whenever there is an allegation of injury or death arising from exposure to asbestos, although there may be additional allegations unrelated to exposure to asbestos. The rule also encompasses actions in which there is a claim arising from exposure to silica in addition to the asbestos claim.

 (b)  The caption of all legal papers filed in the action shall contain the designation ‘‘Civil Action—Asbestos.’’

   Official Note

   Rule of Judicial Administration 1902 requires the prothonotary to maintain a record of all asbestos actions.

 (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 defendants.


   The provisions of this Rule 1041.1 adopted April 4, 1990, effective July 1, 1990, 20 Pa.B. 2281; amended March 11, 1991, effective July 1, 1991, 21 Pa.B. 1274; amended November 19, 1991, effective January 1, 1992, 22 Pa.B. 5637. Immediately preceding text appears at serial page (157205).

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