Rule Text
(a) A complaint shall identify each defendant against whom the plaintiff is asserting a professional liability claim.
(b) A defendant may raise by preliminary objections the failure of the complaint to comply with subdivision (a) of this rule.
Amendment history: The provisions of this Rule 1042.2 adopted January 27, 2003, effective immediately, 33 Pa.B. 748; amended June 16, 2008, effective immediately, 38 Pa.B. 3481. Immediately preceding text appears at serial pages (316383) to (316384).
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
When you file a lawsuit involving professional liability (like a medical malpractice or legal malpractice case), your complaint must clearly name each person or business you are holding responsible. You cannot leave it vague about who you are suing for professional wrongdoing.
If you forget to name the defendants properly, the other side can file what are called "preliminary objections" to challenge your complaint. This gives the defendant a formal way to push back before the case moves forward.
Committee Notes
It is recommended that the complaint read as follows:
‘‘Defendant
(name) is a licensed professional with offices in
County, Pennsylvania. Plaintiff is asserting a professional liability claim against this defendant.’’
The filing of preliminary objections pursuant to Rule 1042.2(b) is not a prerequisite to the filing of a notice of intent to enter a judgment of non pros on a professional liability claim pursuant to Rule 1042.6.