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Rule 2003.Defenses, Counterclaims and Setoffs.

Adopted February 14, 1939 · Last amended April 18, 1975 · Last verified June 30, 2026

In one sentenceRule 2003 provides that prosecuting an action in the name of the real party in interest does not impair a defendant's defenses, counterclaims, or setoffs.

Full Text of Rule 2003

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The prosecution of any action in the name of the real party in interest shall not affect any defense, counterclaim or setoff which might otherwise be asserted against the claim or demand thus prosecuted.

Plain-English Summary

Requiring suit in the real party's name does not strip the defendant of anything. This rule provides that prosecuting an action in the name of the real party in interest does not affect any defense, counterclaim, or setoff the defendant would have had — so the defendant is no worse off for the rule about who brings the claim.

Frequently Asked Questions

Does the real-party-in-interest rule limit a defendant's defenses?

No. The defendant keeps any defense, counterclaim, or setoff it would otherwise have.

Amendment History

The provisions of this Rule 2003 adopted February 14, 1939, effective September 4, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.

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: defenses real partycounterclaim setoff partiespreserve defenses