The Pennsylvania Writ to Join Additional Defendant is a legal document used when a plaintiff in a civil suit wants to add a defendant to the existing case. This is sometimes referred to as an “amendment to the complaint.” The writ is available in two forms: a writ of summons and a writ of attachment. The writ of summons is issued by the court to notify the additional defendant about the lawsuit and requires them to answer the complaint within 30 days. The writ of attachment is issued by the court to order the additional defendant to provide security for the plaintiff in the form of cash, property, or bond. Both writs require the additional defendant to appear before the court and answer the complaint.
Pennsylvania Writ to Join Additional Defendant
State:
Pennsylvania
Control #:
PA-SKU-1194
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PDF
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Writ to Join Additional Defendant
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Code § 1706.1. (1) solely liable on the plaintiff's cause of action, or (2) liable over to the joining party on the plaintiff's cause of action, or (3) jointly or severally liable with the joining party on the plaintiff's cause of action.
Code § 1920.34. At any stage of an action, the court may order the joinder of any additional person who could have joined or been joined in the action and may stay the proceedings in whole or in part until such person has been joined.
Code § 2227 - Compulsory joinder. (a) Persons having only a joint interest in the subject matter of an action must be joined on the same side as plaintiffs or defendants.
If a claimant has filed a claim and does not file a complaint, the prothonotary, upon praecipe of an owner, shall enter a rule as of course upon the claimant to file a complaint within twenty days after service of the rule, or be forever barred from so doing.
A Practice Note explaining how a defendant in a Pennsylvania court of common pleas civil case may assert a claim against a nonparty (an additional defendant) that is or may be liable for losses related to the plaintiff's claims.
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.
(a) The procedure, including pleadings, between the party joining an additional defendant and the additional defendant shall be the same as though the party joining the additional defendant were a plaintiff and the additional defendant were a defendant.
Rule 2227 - Compulsory joinder (a) Persons having only a joint interest in the subject matter of an action must be joined on the same side as plaintiffs or defendants.