231 Pa. Code r. 1019 - Contents of Pleadings. General and Specific Averments
(a) The material facts on which a cause of
action or defense is based shall be stated in a concise and summary
form.
(b) Averments of fraud or
mistake shall be averred with particularity. Malice, intent, knowledge, and
other conditions of mind may be averred generally.
(c) In pleading the performance or occurrence
of conditions precedent, it is sufficient to aver generally that all conditions
precedent have been performed or have occurred. A denial of such performance or
occurrence shall be made specifically and with particularity.
(d) In pleading an official document or
official act, it is sufficient to identify it by reference and aver that the
document was issued or the act done in compliance with law.
(e) In pleading a judgment, order or decision
of a domestic or foreign court, judicial or administrative tribunal, or board,
commission or officer, it is sufficient to aver the judgment, order or decision
without setting forth matter showing jurisdiction to render it.
(f) Averments of time, place and items of
special damage shall be specifically stated.
(g) Any part of a pleading may be
incorporated by reference in another part of the same pleading or in another
pleading in the same action. A party may incorporate by reference any matter of
record in any State or Federal court of record whose records are within the
county in which the action is pending, or any matter which is recorded or
transcribed verbatim in the office of the prothonotary, clerk of any court of
record, recorder of deeds or register of wills of such county.
(h) When any claim or defense is based upon
an agreement, the pleading shall state specifically if the agreement is oral or
written.
(i) When any claim or
defense is based upon a writing, the pleader shall attach a copy of the
writing, or the material part thereof, but if the writing or copy is not
accessible to the pleader, it is sufficient so to state, together with the
reason, and to set forth the substance of the writing.
Notes
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