Rule 1079.1.Special Equitable Relief.

Adopted June 23, 1975 · Not amended since adoption · Last verified June 30, 2026

In one sentenceThe pendency of a replevin action does not cut off a party’s right to seek separate, independent equitable relief, so a party may pursue equity alongside the replevin remedy.

Full Text of Rule 1079.1

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The pendency of an action shall not impair the right of any party to separate and independent equitable relief.

End

Plain-English Summary

This short rule keeps the replevin action from crowding out equity. The fact that a replevin case is pending does not impair any party’s right to separate and independent equitable relief.

A party who needs an injunction or other equitable remedy connected to the dispute is not forced to choose between that relief and the replevin action; both remain available. The provision recognizes that recovering specific goods is sometimes not enough, and that equitable help may be needed in addition.

Frequently Asked Questions

Does a replevin action prevent a party from seeking an injunction?

No. The pendency of the action does not impair a party's right to separate and independent equitable relief.

Amendment History

The provisions of this Rule 1079.1 adopted June 23, 1975, effective October 1, 1975, 5 Pa.B. 1824.

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: equitable relief replevininjunction during replevinindependent equitable relief