Rule 1031.Counterclaim.

Adopted June 25, 1946 · Last amended March 23, 2007 · Last verified June 30, 2026

In one sentenceRule 1031 lets a defendant set forth in the answer, under the heading “Counterclaim,” any cause of action cognizable in a civil action that the defendant has against the plaintiff, and provides that the counterclaim may demand relief exceeding or different from what the plaintiff seeks.

Full Text of Rule 1031

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(a) The defendant may set forth in the answer under the heading ‘‘Counterclaim’’ any cause of action cognizable in a civil action which the defendant has against the plaintiff at the time of filing the answer.

(b) A counterclaim need not diminish or defeat the relief demanded by the plaintiff. It may demand relief exceeding in amount or different in kind from that demanded by the plaintiff.

End

Plain-English Summary

This rule allows a defendant to assert its own claims. The defendant may set forth in the answer, under the heading “Counterclaim,” any cause of action cognizable in a civil action that it has against the plaintiff.

The counterclaim stands on its own. It need not diminish or defeat the plaintiff’s demand, and may demand relief exceeding in amount or different in kind from that the plaintiff seeks.

Frequently Asked Questions

Can a defendant sue the plaintiff back in the same case?

Yes. The defendant may set forth a counterclaim in the answer for any cause of action it has against the plaintiff, and may demand relief exceeding or different from the plaintiff’s.

Official Note

Official Note: See Rule 2256 governing counter-claims in an action involving an additional defendant. See Rule 213(a) and (b) governing consolidation and severance of causes of action.

Amendment History

The provisions of Rule 1031 adopted June 25, 1946, effective January 1, 1947; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended March 23, 2007, effective June 1, 2007, 37 Pa.B. 1480. Immediately preceding text appears at serial page (315131).

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: counterclaimdefendant's claim