§ Rule 1920.2 Venue

Codes > Pennsylvania Rules of Civil Procedure > Action of > Rule 1920.2

Rule 1920.2. Venue

    (a) The action, except a claim for custody, may be brought only in the county

        (1) in which the plaintiff or the defendant resides, or

        (2) upon which the parties have agreed

            (i) in a writing which shall be attached to the complaint, or

            (ii) by participating in the proceeding.

    Note: Rule 1920.2 governs the venue of related claims, except a claim for custody, when joined with an action of divorce or for annulment. Venue in an action for custody is governed by Rule 1915.2.

    See Rule 1006(d) for the transfer of an action for the convenience of parties and witnesses.
Under subdivision (a)(2), the agreement of the parties is an independent basis for venue and is not a waiver of improper venue.

    (b) The record shall establish compliance with the venue requirement of subdivision (a) prior to the entry of the decree.

    (c) Notwithstanding any agreement of the parties, if neither the plaintiff nor the defendant has resided in the county at any time during the pendency of the action, the court, upon its own motion and for its own convenience, may transfer the action to the appropriate court of any other county where the action originally could have been brought.