Last amended March 23, 2007 · Last verified June 30, 2026
In one sentenceRule 2253 requires joinder of an additional defendant within sixty days after service of the plaintiff’s initial pleading or an amendment, or by the joining party’s answer deadline, whichever is later, and otherwise only by court order or approved consent of all parties.
(a)Except as provided by Rule 1041.1(e), neither praecipe for a writ to join an additional defendant nor a complaint if the joinder is commenced by a complaint, shall be filed later than
(1)sixty days after the service upon the original defendant of the initial pleading of the plaintiff or any amendment thereof, or
(2)the time for filing the joining party’s answer as established by Rule 1026, Rule 1028 or order of court, whichever is later, unless such filing is allowed by order of the court or by the written consent of all parties approved by and filed with the court. The praecipe for a writ to join an additional defendant or the complaint joining the additional defendant shall be filed within twenty days after notice of the court order or the court approval of the written consent or within such other time as the court shall fix.
(b)Any party may object to a motion to join an additional defendant after the period prescribed by subdivision (a) on the ground that the party will be prejudiced by the late joinder. The plaintiff may also object to the late joinder on the ground that the joining party has not shown a reasonable justification for its delay in commencing joinder proceedings.
(c)A person not previously a party who is joined as an additional defendant may object to the joinder by filing preliminary objections asserting prejudice or any other ground set forth in Rule 1028.
End
Plain-English Summary
A party joining an additional defendant must file the praecipe for a writ, or the joinder complaint, by the later of two dates: sixty days after the plaintiff’s initial pleading, or any amendment of it, is served on the original defendant, or the time for the joining party’s answer under Rule 1026, Rule 1028 or a court order. After that, joinder needs a court order or the written consent of all parties, approved by and filed with the court, and the papers must then be filed within twenty days after notice of the order or approval, or within the time the court sets.
Late joinder can be contested. Any party may object to a motion for late joinder on the ground that it will be prejudiced, and the plaintiff may also object that the joining party has not shown a reasonable justification for the delay. A person joined as an additional defendant may file preliminary objections asserting prejudice or any other Rule 1028 ground, whether the joinder came by order or by consent.
Asbestos cases are the exception: under Rule 1041.1(e), no leave of court is needed to join an additional defendant out of time, though the joined party may ask by preliminary objection that the joinder be stricken.
Frequently Asked Questions
How long does a defendant have to join an additional defendant?
Within the time the rule sets, generally measured from service, subject to the court's power to extend.
Official Note
Official Note:Rule 1041.1(e) provides that in asbestos litigation leave of court is not required to join an additional defendant out of time but the joined party may request by preliminary objection that the joinder be stricken.
Official Note: The person joined may object to the joinder whether the joinder was effected by order or consent.
Amendment History
The provisions of this Rule 2253 amended April 4, 1990, effective July 1, 1990, 20 Pa.B. 2281; amended January 6, 2005, effective immediately, 35 Pa.B. 501; amended March 23, 2007, effective June 1, 2007, 37 Pa.B. 1480. Immediately preceding text appears at serial pages (309377) to (309378).
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:time to join additional defendantpraecipe additional defendantdeadline join defendant