PA · rules
Berks Cnty. C.P. Civil Rules Rule 251
Damages Accruing After the Filing of the Complaint or Counterclaim
No claim for damages or mesne profits accruing after the filing of a complaint or counterclaim shall
be allowed unless the party claiming the same gives written notice to the party or parties from whom such
damages are sought, at least fifteen (15) days before trial, that "said party claimant, at trial, proposes to
claim damages or mesne profits accruing up to the date, of trial. Such notice having been given, the party
claimant may prove such damage or mesne profits not barred by the statute of limitations accruing up to
the date of trial.
A pleading which claims future damages arising from a cause of action pleaded shall meet the
requirements of this Rule and the Act of May 2, 1876, P.L. 95.
Comment: This rule restates the requirements of the Act of May 2, 1876, P.L. 95. The Act of May 2, 1876
was repealed by the Judiciary Act Repealer Act, Act of April 28, 1978, P.L.202, No, 53; 42 Pa. C.S.
section 20002(a)(668) but remains in full force and effect as a part of the common law of Pennsylvania
pursuant to section 20003(b) of said Judiciary Act Repealer Act and will remain in effect until a
Pennsylvania Rule of Civil Procedure is promulgated with respect to said Act of May 2, 1876 and the
practice and procedure provided therein. Act of April 28, 1978, P.L.202, No. 53, 42 Pa. C.S. section
20003(b).
Provenance
- Source
- www.berkspa.gov
- Retrieved
- 2026-09-30
- Edition
- 2026-09-30
- Content hash
c275198df4a55eec221ff3e7b5c352f8aae38c5f8bdc536ee91c4c200dc54e44
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