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Rule 1088.Acts of Assembly Not Suspended.

Adopted March 11, 1991 · Not amended since adoption · Last verified June 30, 2026

In one sentenceThis rule preserves two specified Acts of Assembly from being suspended by the civil rules, keeping their provisions — including one on common-law liens determined in replevin — in force.

Full Text of Rule 1088

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The rules of civil procedure shall not be deemed to suspend or affect:
(1) Section 1 of the Act approved May 7, 1925, P. L. 557, No. 300, 6 P. S. § 11.
(2) Section 7 of the Act approved June 10, 1931, P. L. 492, No. 156, 3 P. S. § 635.
End

Plain-English Summary

This rule keeps certain statutes alive alongside the replevin rules. It provides that the civil rules do not suspend or affect two specified Acts of Assembly.

As the Official Note explains, one of them authorizes determining a common-law lien in a replevin action. The savings clause means those statutory remedies continue to apply, so the rules do not silently displace specialized rights the legislature created in this area.

Frequently Asked Questions

Does the replevin chapter override the statutes it lists?

No. Rule 1088 provides that the rules do not suspend or affect those Acts of Assembly.

Official Note

Official Note: This Act authorizes determination of a common law lien in an action of replevin.

Official Note: This Act regulates the straying of cattle.

Amendment History

The provisions of this Rule 1088 adopted March 11, 1991, effective July 1, 1991, 21 Pa.B. 1274.

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: acts of assembly replevinstatutes preservedsavings clause replevin