Rule Text
An action may be commenced by filing with the prothonotary:
(1) a praecipe for a writ of summons, or
(2) a complaint.
Amendment history: The provisions of this Rule 1007 amended July 18, 1991, effective January 1, 1992, 21 Pa.B. 3399; amended February 25, 2010, effective in ninety days, 40 Pa.B. 1395; amended January 24, 2019, effective April 1, 2019, 49 Pa.B. 608. Immediately preceding text appears at serial pages (381077) and (348251).
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
To start a civil court case in Pennsylvania, you go to the prothonotary's office (the clerk of the civil court) and file one of two documents. You can file a complaint, which lays out your claims and what you want the court to do, or you can file a simpler request called a praecipe for a writ of summons.
The praecipe for a writ of summons is useful when you need to officially start a case quickly but are not yet ready to file your full complaint. Filing either document marks the official start of your lawsuit, which matters for deadlines like the statute of limitations.
Committee Notes
For the form of the writ of summons, see Rule 1351.
See Rule 205.5 governing the requirement for filing a cover sheet with the pleading commencing the action.
Rule 2005(b) does not authorize the filing of a praecipe for a writ of summons if an unknown defendant is to be identified by a Doe designation.