Rule 1001.Definition. Scope.

Adopted June 25, 1946 · Last amended October 15, 2004 · Last verified June 30, 2026

In one sentenceRule 1001 defines the “civil action” as the single form of action that absorbs the former actions of assumpsit, trespass, and equity, so that nearly all claims at law and in equity proceed under one unified set of pleadings rules.

Full Text of Rule 1001

Text sizeJump to: (a) (b) (c)

(a) As used in this chapter and in Rules 1506 and 1531 through 1535, ‘‘action’’ means a civil action brought in or appealed to any court which is subject to these rules.

(b) There shall be a ‘‘civil action’’ in which shall be brought all claims for relief heretofore aserted in

(1) the action of assumpsit,

(2) the action of trespass, and

(3) the action in equity.

(c) Other forms of action which incorporate these rules by reference shall be known as ‘‘civil action—[type of action].’’

End

Plain-English Summary

This rule abolishes the old separate forms of action. There is one “civil action” in which all claims for relief formerly brought as assumpsit (contract), trespass (tort), or in equity are now asserted, and an “action” means a civil action in a court subject to these rules.

Equity practice is folded in but specialized. The general civil-action rules govern, while particular rules address specific equitable relief — derivative suits, injunctions, perpetuation of testimony, and the like. Other statutory forms that incorporate these rules are styled “civil action—[type].”

Frequently Asked Questions

Does Pennsylvania still have separate actions for contract and tort?

No. Rule 1001 merges the former actions of assumpsit, trespass, and equity into a single “civil action” governed by one set of pleadings rules.

Official Note

Official Note: The procedural distinctions between the forms of action in assumpsit, trespass and equity are abolished. The following rules govern particular types of equitable relief: Rule 1506 (stockholder’s derivative suits), Rule 1531 (injunctions), Rule 1532 (perpetuation of testimony), Rule 1533 (receivers), Rule 1534 (Accounting by Fiduciaries) and Rule 1535 (objections to security). The action to prevent waste has been abolished. The relief formerly available in that action may be obtained in a civil action seeking equitable relief. See Rule 1041.1 for special provisions governing asbestos litigation.

Official Note: For example, the action of mandamus shall be known as ‘‘civil action— mandamus.’’

Amendment History

The provisions of this Rule 1001 adopted June 25, 1946, effective January 1, 1947; amended through December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended April 4, 1990, effective July 1, 1990, 20 Pa.B. 2281; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended October 15, 2004, effective immediately, 34 Pa.B. 5889. Immediately preceding text appears at serial pages (302448) to (302449).

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: civil actiondefinition scopeassumpsittrespassone form of action