Berk. Cnty. Pa. 251

As amended through May 6, 2024
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.

Berk. Cnty. Pa. 251

;Amended effective 2/12/2018 ; amended effective 7/9/2019; amended effective 3/14/2020.

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 The Act of May 2, 1876 was repealed by the Judiciary Act Repealer Act, Act of April 28, 1978, P.L. 202, No, 53; 42 Pa.C.S. sec 20002(a)(668) but remains in full force and effect as a part of the common law of Pennsylvania pursuant to 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. sec 20003(b).