Rule 1041.1.Asbestos Litigation. Special Provisions.
Adopted April 4, 1990 · Last amended November 19, 1991 · Last verified June 30, 2026
In one sentenceRule 1041.1 sets special provisions for asbestos litigation, requiring a “Civil Action—Asbestos” caption, treating the defendant’s entry of appearance as a denial plus all affirmative defenses and a claim for contribution, limiting preliminary objections, and easing joinder of additional defendants.
(a)In an action involving any allegation for injury or death arising from exposure to asbestos, the rules of civil procedure governing a civil action shall apply except as provided by this rule.
(b)The caption of all legal papers filed in the action shall contain the designation ‘‘Civil Action—Asbestos.’’
(c)Within twenty days after service of the complaint, the defendant shall enter an appearance which shall constitute
(1)a denial of all averments of fact in the complaint,
(2)an allegation of all affirmative defenses, and
(3)a claim for indemnification and contribution from any other party.
(d)Except for the filing of preliminary objections pursuant to Rule 1028(a)(1), (2), (5) and (6) and a complaint to join an additional defendant, there shall be no further pleading after the complaint.
(e)Leave of court to join an additional defendant later than the sixty-day period described by Rule 2253 shall not be required, but the party joined, upon preliminary objection, may request that the joinder be stricken.
(f)A motion for summary judgment filed by one defendant alleging a ground common to one or more other defendants shall be deemed filed on behalf of all such defendants.
End
Plain-English Summary
This rule streamlines the mass tort of asbestos exposure. In an action involving injury or death from asbestos exposure, the general civil rules apply with special provisions, and all legal papers carry the caption “Civil Action—Asbestos.”
Pleading and joinder are compressed. Within twenty days after service of the complaint, the defendant’s entry of appearance operates as a denial of all averments, an assertion of all affirmative defenses, and a claim for indemnification and contribution from any other party; preliminary objections are limited to certain grounds; additional defendants may be joined without leave; and a summary-judgment motion on a ground common to other defendants is deemed filed for all of them.
Frequently Asked Questions
How is asbestos litigation handled differently?
It carries a “Civil Action—Asbestos” caption, the defendant’s appearance counts as a denial plus all affirmative defenses and a contribution claim, preliminary objections are limited, joinder is eased, and a common-ground summary-judgment motion is deemed filed for all defendants.
Official Note
Official Note: This rule applies whenever there is an allegation of injury or death arising from exposure to asbestos, although there may be additional allegations unrelated to exposure to asbestos. The rule also encompasses actions in which there is a claim arising from exposure to silica in addition to the asbestos claim.
Official Note: Rule of Judicial Administration 1902 requires the prothonotary to maintain a record of all asbestos actions.
Amendment History
The provisions of this Rule 1041.1 adopted April 4, 1990, effective July 1, 1990, 20 Pa.B. 2281; amended March 11, 1991, effective July 1, 1991, 21 Pa.B. 1274; amended November 19, 1991, effective January 1, 1992, 22 Pa.B. 5637. Immediately preceding text appears at serial page (157205).
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:asbestos litigationCivil Action Asbestosmass tort