1. (a) Except as provided by subdivision (b), all affirmative defenses including but not limited to the defenses of accord and satisfaction, arbitration and award, consent, discharge in bankruptcy, duress, estoppel, failure of consideration, fair comment, fraud, illegality, immunity from suit, impossibility of performance, justification, laches, license, payment, privilege, release, res judicata, statute of frauds, statute of limitations, truth and waiver shall be pleaded in a responsive pleading under the heading ‘‘New Matter.’’ A party may set forth as new matter any other material facts which are not merely denials of the averments of the preceding pleading.

   Official Note

   If a defendent pleads the affirmative defenses set forth in subdivision (b), they shall be deemed denied and the plaintiff need not reply.

2. (b) The affirmative defenses of assumption of the risk, comparative negligence and contributory negligence need not be pleaded.

   Official Note

   If a defendant pleads the affirmative defenses set forth in subdivision (b), they shall be deemed denied and the plaintiff need not reply.

   Defenses which are not required to be pleaded are not waived. See Rule 1032(a).

Source

The provisions of this Rule 1030 adopted June 25, 1946, effective January 1, 1947; amended through December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3213. Immediately preceding text appears at serial pages (159449) and (146639).