Rule Text
Original process shall be served outside the Commonwealth within ninety days of the issuance of the writ or the filing of the complaint or the reissuance or the reinstatement thereof:
(1) by a competent adult in the manner provided by Rule 402(a);
(2) by mail in the manner provided by Rule 403;
(3) in the manner provided by the law of the jurisdiction in which the service is made for service in an action in any of its courts of general jurisdiction;
(4) in the manner provided by treaty; or
(5) as directed by the foreign authority in response to a letter rogatory or request.
Amendment history: The provisions of this Rule 404 adopted July 5, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767. Immediately preceding text appears at serial pages (245988) and (202617).
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 need to serve court papers on someone who lives outside of Pennsylvania, you have 90 days to get it done after your case is filed or restarted. Missing this deadline could cause problems for your case.
There are several ways you can deliver the papers. You can have a capable adult hand-deliver them, send them by mail, or follow the service rules used in the state or country where the person lives. If there is a treaty between the U.S. and that country that covers how to deliver legal papers, you can follow that as well.
For cases involving other countries, you can also ask a foreign court for help through a formal legal request called a "letter rogatory." The foreign court will then tell you how to properly deliver the papers under their rules.
Committee Notes
For reissuance and reinstatement of original process, see Rule 401(b).
See Rule 76 for the definition of ‘‘competent adult.’’
A treaty may provide that to effect service a plaintiff must satisfy requirements which are in addition to the procedures specified by this rule.
Sections 5323 and 5329(2) of the Judicial Code, 42 Pa.C.S. § § 5323, 5329(2), provide additional alternative procedures for service outside the Commonwealth.
