§ Rule 2102 Style of Action

Codes > Pennsylvania Rules of Civil Procedure > The Commonwealth > Rule 2102

Rule 2102. Style of Action

    (a)(1) An action by the Commonwealth shall be brought in the name of the Commonwealth of Pennsylvania.

        (2) An action against a Commonwealth agency or party shall be styled in the following manner: Plaintiff v. “_______ (Name of Agency or Party) of the Commonwealth of Pennsylvania”.

    Note: “Commonwealth” is defined by Pa.R.C.P. No. 76. An action may be brought against the Commonwealth only when a cause of action against it exists and when a right of action has been authorized by statute. Constitution of 1968, Article I, Sec. 11, 1 Pa.C.S. § 2310.

    Section 8522 of the Judicial Code, 42 Pa.C.S. § 8522, provides exceptions to sovereign immunity as to Commonwealth parties. See Section 8501 of the Code, 42 Pa.C.S. § 8501, for the definition of Commonwealth party.

    The Commonwealth is an entity distinct from a Commonwealth party. See Garcia v. Commonwealth of Pennsylvania et al., 131 Cmwlth.Ct. 327, 570 A.2d 137 (1990) and cases cited therein.

    (b) An action shall be brought by or against a political subdivision in its name.

    Note: “Political subdivision” is defined by Pa.R.C.P. No. 76.

    For exceptions to governmental immunity, see section 8542 of the Judicial Code, 42 Pa.C.S. § 8542.