New Rule for Cross-claims
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What could be more exciting for a litigator than a change in the Rules of Civil Procedure? On March 27, the Pennsylvania Supreme Court promulgated new Rule 1031.1 (pdf), which specifically addresses cross-claims. Prior to the new rule, the Pennsylvania rules simply did not recognize cross-claims denominated as such. Although the rules did account for some claims in the nature of a cross-claim, the issue was addressed in contradictory fashion when it came to claims stated among additional defendants joined under Rule 2252. Rule 2252 permits any defendant to join additional defendants by means of a joinder complaint. In that context, Rule 2252(d) permitted a defendant to state a claim against another existing defendant (i.e., a cross-claim). At the same time, however, Rule 2255(b) barred an additional defendant joined under Rule 2252 from filing a pleading (i.e. stating claims) against any party other than (1) the party who had joined the additional defendant or (2) the plaintiff. Rule 2255(b) thus barred additional defendants from stating cross-claims among themselves. In short, the rules were a hash at the edges. Rule 2252(d) could be read to permit cross-claims among additional defendants; Rule 2255(b) flatly prohibited them.
New Rule 1031.1 clearly establishes the right of a party to state a cross-claim against any other party, regardless of the manner in which the cross-claimant was joined:
Any party may set forth in the answer or reply under the heading "Cross-claim" a cause of action against any other party to the action that the other party may beIn addition to promulgating new Rule 1031.1, the Supreme Court has made more or less minor conforming changes to Rules 425, 1017, 1706.1, 2253 and 2256. Troublesome Rules 2253(d) and 2255(b) have been rescinded. Rule 1031.1 and the conforming amendments will take effect on June 1, 2007 (pdf) and, under Rule 52, will be applicable to all actions pending on that date.
(1) solely liable on the underlying cause of action or
(2) liable to or with the cross-claimant on any cause of action arising out of the same trnasaction or occurrence or series of transactions or occurrences upon which the underlying cause of action is based.
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