Current through Register Vol. 54, No. 42, October 19, 2024
Rule 1033 - [Effective 1/1/2025] Amendment(a)General Rule. A party, either by filed consent of the adverse party or by leave of court, may at any time change the form of action, add a person as a party, correct the name of a party, or otherwise amend the pleading. The amended pleading may aver transactions or occurrences which have happened before or after the filing of the original pleading, even though they give rise to a new cause of action or defense. An amendment may be made to conform the pleading to the evidence offered or admitted.(b)Relation Back. An amendment correcting the name of a party against whom a claim has been asserted in the original pleading relates back to the date of the commencement of the action if, within 90 days after the period provided by law for commencing the action, the party received notice of the institution of the action such that it will not be prejudiced in maintaining a defense on the merits and the party knew or should have known that the action would have been brought against the party but for a mistake concerning the identity of the proper party.(c)John Doe Defendants. An amendment substituting the actual name of a defendant for a Doe designation as provided in Rule 2005 relates back to the date of the commencement of the action if, within the time provided by Rule 401 for service, the defendant named by the amendment has received actual or constructive notice of the commencement of the action such that it will not be prejudiced in maintaining a defense on the merits and the defendant knew or should have known that the action would have been brought against it but for lack of knowledge of the defendant's actual name. (d)Highlighting of Amendments.(1) A party filing a motion to amend a pleading shall attach: (i) a clean copy of the proposed amended pleading; and(ii) a comparison copy of the proposed amended pleading identifying the changes by striking through the material to be deleted and underlining the material to be added.(2) If there is a discrepancy between the clean copy and the comparison copy of the proposed amended pleading, the clean copy shall be the controlling document.The provisions of this Rule 1033 adopted June 25, 1946, effective 1/1/1947; amended December 20, 2013, effective 1/23/2014, 44 Pa.B. 8; amended February 2, 2017, effective 4/1/2017, 47 Pa.B. 937; amended January 24, 2019, effective 4/1/2019, 49 Pa.B. 608.Amended by Pennsylvania Bulletin, Vol 54, No. 38. September 21, 2024, effective 1/1/2025