Rule Text
(a) Except as provided by Rule 1706.1, any party may join as an additional defendant any person not a party to the action who may be
(1) solely liable on the underlying cause of action against the joining party, or
(2) liable to or with the joining party on any cause of action arising out of the transaction or occurrence or series of transactions or occurrences upon which the underlying cause of action against the joining party is based.
(b) The joining party may file as of course a praecipe for a writ or a complaint.
(c) The writ to join an additional defendant shall be directed to the additional defendant and shall be substantially in the following form: Commonwealth of Pennsylvania
County of
(Caption)
To
: (Name of Additional Defendant)
You are notified that
(Name(s) of Defendant(s)) has (have) joined you as an additional defendant in this action, which you are required to defend. Date
Seal of Court
(Name of Prothonotary (Clerk)) By
(Deputy)
Amendment history: The provisions of this Rule 2252 amended through June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended April 4, 1990, effective July 1, 1990, 20 Pa.B. 2282; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274; amended March 23, 2007, effective June 1, 2007, 37 Pa.B. 1480; amended January 24, 2019, effective April 1, 2019, 49 Pa.B. 608. Immediately preceding text appears at serial pages (326665) to (326667).
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
If you are being sued, this rule lets you bring another person into the lawsuit. You can do this if you believe that other person is actually the one responsible for the harm, or if they share some responsibility with you. The other person must be connected to the same event or situation that the lawsuit is about.
To bring in this additional defendant, you file paperwork with the court called either a writ or a complaint. The writ is a formal notice that tells the new person they have been added to the case and that they need to defend themselves in court. The notice includes the court's official seal and is signed by the court clerk.
This can be useful if, for example, you are being sued after a car accident but believe another driver caused the crash. Instead of just defending yourself alone, you can bring that other driver into the case so the court can sort out who is actually at fault.
Committee Notes
The term ‘‘underlying cause of action’’ refers to the cause of action set forth in the plaintiff’s complaint or the defendant’s counter-claim.
Subdivision (a)(2) permits a joining party to join an additional defendant who may be liable over on the underlying cause of action against the joining party or jointly and severally liable with the joining party.
The joinder of an additional defendant in a class action is limited by Rule 1706.1 to the grounds set forth in that rule.
Rule 2005(b) does not authorize the filing of a praecipe for a writ of summons if an unknown defendant is to be identified by a Doe designation.
(1) If the joinder is by writ, the joining party shall file a complaint within twenty days from the filing of the praecipe for the writ. If the joining party fails to file the complaint within the required time, any other party may seek a rule to file the complaint and an eventual judgment of non pros in the manner provided by Rule 1037(a) for failure to file a complaint.
(2) The complaint, in the manner and form required of the initial pleading of the plaintiff in the action, shall set forth the facts relied upon to establish the liability of the joined party and the relief demanded.
For the form of notice to defend in a complaint to join an additional defendant, see Rule 1018.1.
See Rule 1031.1 governing cross-claims for the procedure to assert a claim against a person already a party to an action.
