§ Rule 1030 New Matter

Codes > Pennsylvania Rules of Civil Procedure > Actions > Civil Action : Pleadings > Rule 1030

Rule 1030. New Matter

    (a) Except as provided by subdivision (b), all affirmative defenses including but not limited to the defenses of accord and satisfaction, arbitration and award, consent, discharge in bankruptcy, duress, estoppel, failure of consideration, fair comment, fraud, illegality, immunity from suit, impossibility of performance, justification, laches, license, payment, privilege, release, res judicata,statute of frauds, statute of limitations, truth and waiver shall be pleaded in a responsive    pleading under the heading “New Matter”. A party may set forth as new matter any other material facts which are not merely denials of the averments of the preceding pleading.

    (b) The affirmative defenses of assumption of the risk, comparative negligence and contributory negligence need not be pleaded.

    Note: If a defendant pleads the affirmative defenses set forth in subdivision (b), they shall be deemed denied and the plaintiff need not reply.

    Defenses which are not required to be pleaded are not waived. See Rule 1032(a).