Rule 1040.Suspension of Acts of Assembly.
Adopted December 16, 1983 · Not amended since adoption · Last verified June 30, 2026
In one sentenceAll Acts of Assembly that conflict with these rules are suspended to the extent of the conflict, so that where a statute and a rule cannot both stand, the rule governs civil procedure.
Full Text of Rule 1040
All Acts of Assembly inconsistent with these rules are suspended to the extent of such inconsistency.
End
Plain-English Summary
This rule resolves clashes between the civil rules and older statutes. Any Act of Assembly inconsistent with these rules is suspended, but only to the extent of the inconsistency — the rest of the statute survives.
The provision reflects the Supreme Court’s constitutional authority over civil procedure: where the legislature’s procedural directions cannot be squared with a rule, the rule controls. It keeps procedure uniform under the rules without wholesale repeal of the affected statutes.
Frequently Asked Questions
What happens when a statute conflicts with these rules?
The statute is suspended to the extent it is inconsistent with the rules.
Amendment History
The provisions of this Rule 1040 adopted December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999.
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: suspension of acts of assemblystatutes suspended