Rule 1030.New Matter.

Adopted June 25, 1946 · Last amended June 3, 1994 · Last verified June 30, 2026

In one sentenceRule 1030 requires affirmative defenses — such as accord and satisfaction, the statute of limitations, release, and res judicata — to be pleaded under the heading “New Matter,” while excusing assumption of the risk and comparative or contributory negligence from the pleading requirement.

Full Text of Rule 1030

Text sizeJump to: (a) (b)

(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.

End

Plain-English Summary

This rule channels affirmative defenses into one place. All affirmative defenses — including accord and satisfaction, arbitration and award, the statute of limitations, release, res judicata, and the like — must be pleaded under the heading “New Matter,” so that the defense is raised rather than slipped in by a denial.

A few defenses are exempt. Assumption of the risk and comparative or contributory negligence need not be pleaded as new matter; defenses not required to be pleaded are not waived by their omission.

Frequently Asked Questions

How are affirmative defenses raised in Pennsylvania?

By pleading them under the heading “New Matter” in the answer — for example, accord and satisfaction, the statute of limitations, release, and res judicata.

Which defenses don’t have to be pleaded?

Assumption of the risk and comparative or contributory negligence need not be pleaded as new matter.

Official Note

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

Official 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).

Amendment History

The provisions of this Rule 1030 adopted June 25, 1946, effective January 1, 1947; amended through December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3213. Immediately preceding text appears at serial pages (159449) and (146639).

Source & verification. Rule text, the Official Note, and the amendment history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. · Official text

Also known as: new matteraffirmative defensesstatute of limitations defenseres judicata