Rule 1096.Counterclaim.
Adopted June 25, 1946 · Not amended since adoption · Last verified June 30, 2026
In one sentenceNo counterclaim may be asserted in an action of mandamus, keeping the case focused on whether the defendant must perform the duty the plaintiff seeks to compel.
Full Text of Rule 1096
No counterclaim may be asserted.
End
Plain-English Summary
This one-line rule bars counterclaims in mandamus. Because the action exists to decide a single question — whether the defendant has a clear duty the court should compel — the rule keeps unrelated claims out.
A defendant who has its own claim must pursue it elsewhere rather than fold it into the mandamus proceeding. The limitation preserves the summary, focused character of the remedy.
Frequently Asked Questions
Can a defendant file a counterclaim in mandamus?
No. No counterclaim may be asserted.
Amendment History
The provisions of this Rule 1096 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: mandamus counterclaimno counterclaim mandamuscounterclaim barred