Rule 1078.Exemption of Property. Preliminary Objection.
Adopted June 25, 1946 · Not amended since adoption · Last verified June 30, 2026
In one sentenceA claim that property is immune or exempt from replevin must be raised by preliminary objection, channeling that defense to the threshold of the case rather than leaving it for trial.
Full Text of Rule 1078
The objection of immunity or exemption of property from replevin shall be raised by preliminary objection.
End
Plain-English Summary
This rule fixes how a party asserts that the goods cannot be taken in replevin. The objection that property is immune or exempt from replevin is raised by preliminary objection — the early, pre-answer challenge — rather than later in the case.
Requiring the point to be made at the outset lets the court resolve whether the property is even subject to replevin before the seizure machinery and the merits are litigated, sparing wasted effort if the goods are off limits.
Frequently Asked Questions
How is a claim that property is exempt from replevin raised?
By preliminary objection.
Amendment History
The provisions of this Rule 1078 adopted June 25, 1946, effective January 1, 1947.
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. This rule has not been amended since its adoption. Last verified June 30, 2026. ·
Official text
Also known as: exemption from replevinimmunity from replevinpreliminary objection replevin