Rule 1081.Concealment of Property. Examination of Defendant.
Adopted June 25, 1946 · Last amended April 12, 1999 · Last verified June 30, 2026
In one sentenceWhen the plaintiff or sheriff cannot locate the property, or the defendant has concealed or removed it, the court may order the defendant to appear and be examined under oath about the property’s whereabouts.
The court, at any time during the pendency of the action, upon the petition of the plaintiff setting forth
(1)that the plaintiff is without knowledge of the location of the property and has not been able with reasonable diligence to ascertain its location; or
(2)that the sheriff has been unable to locate the property; or
(3)that the defendant has concealed, removed or transferred the property, may order the defendant to appear and be examined orally under oath as to the whereabouts of the property. The court may enforce its order by attachment. If a writ of seizure has been issued, the court may order the defendant to deliver the property to the sheriff if it is within the county or has been removed from the county for the purpose of preventing its recovery.
End
Plain-English Summary
This rule helps a replevin plaintiff find goods that have gone missing. On the plaintiff’s petition stating that the plaintiff cannot locate the property despite reasonable diligence, that the sheriff has been unable to find it, or that the defendant has concealed, removed, or transferred it, the court may order the defendant to appear and answer under oath about where the property is.
The examination turns the court’s compulsion on the person most likely to know, so a defendant cannot defeat replevin by hiding the goods.
Frequently Asked Questions
What can a plaintiff do if it cannot locate the property?
Petition the court to examine the defendant about the property's location, where the plaintiff has used reasonable diligence or alleges concealment.
Amendment History
The provisions of this Rule 1081 adopted June 25, 1946, effective January 1, 1947; amended June 23, 1975, effective October 1, 1975, 5 Pa.B. 1824; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial pages (212325) to (212326).
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:concealment of propertyexamination of defendantlocating replevin property