Rule 1041.1 – Asbestos Litigation. Special Provisions

May 14, 2021 | Civil Procedure, Pennsylvania

(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 defendants

231 Pa. Code ยง 1041.1