Rule Text
(a) Except as otherwise provided by law, the costs for filing and service of the complaint shall be paid at the time of filing.
(b) Except as otherwise provided by subdivision (c) of this rule, the prevailing party in magisterial district court proceedings shall be entitled to recover taxable costs from the unsuccessful party. Such costs shall consist of all filing, personal service, witness, and execution costs authorized by Act of Assembly or general rule and paid by the prevailing party.
(c) Taxable costs on appeal or certiorari shall be paid by the unsuccessful party, and a plaintiff who appeals shall be considered an unsuccessful party if he or she does not obtain on appeal a judgment more favorable than that obtained in the magisterial district court proceeding. A defendant who prevails on certiorari proceedings brought by the defendant or who obtains a favorable judgment upon appeal by either party shall not be liable for costs incurred by the plaintiff in the preceding magisterial district court proceeding and may recover taxable costs in that proceeding from the plaintiff. A plaintiff who is unsuccessful in the magisterial district court proceeding may recover taxable costs in that proceeding from the defendant if the plaintiff is successful on appeal, and in that event the defendant may not recover costs in the magisterial district court proceeding from the plaintiff.
(d) This rule shall apply to all civil actions and proceedings except actions pursuant to the Protection From Abuse Act or 42 Pa.C.S. § § 62A01—62A20.
Amendment history: The provisions of this Rule 206 adopted April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499; amended September 18, 1990, effective immediately, 20 Pa.B. 5042; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended November 25, 2002, effective January 1, 2003, 32 Pa.B. 6078; amended October 22, 2009, effective immediately, 39 Pa.B. 6426; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811; amended October 28, 2016, effective December 31, 2016, 46 Pa.B. 7165; amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 511; amended April 21, 2026, effective November 1, 2026, 56 Pa.B. 2569. Immediately preceding text appears at serial pages (417129) to (417130) and (390289) to (390291).
Committee Notes
‘‘Execution’’ costs include those for executing an order for possession. The items constituting taxable costs in appeal or certiorari proceedings will be governed by law or general rule applicable in the court of common pleas.
Under subdivision (b), ‘‘personal service . . . costs’’ refers only to personal service since mail costs are to be borne by the plaintiff in all cases in accordance with 42 Pa.C.S. § 1725.1.
This rule does not provide for the assessment of filing costs against an unsuccessful plaintiff for whom fees and costs were waived pursuant to Pa.R.J.A. 1990 (Application to Waive Fees and Costs (In Forma Pauperis)) and who remains indigent. See Brady v. Ford, 679 A.2d 837 (Pa. Super. 1996).
For special provisions governing actions pursuant to the Protection From Abuse Act, see 23 Pa.C.S. § § 6106(b) and (c). For special provisions governing actions seeking relief for victims of sexual violence or intimidation, see 42 Pa.C.S. § § 62A01—62A20.
The provisions of prior subdivision E relating to petitions to proceed in forma pauperis have been moved to Pa.R.Civ.P.M.D.J. 206.1. See also Pa.R.J.A. 1990 (Application to Waive Fees and Costs (In Forma Pauperis)).
Historical Commentary
The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:
EXPLANATORY COMMENT—1990
Rule 206 governing costs is revised by adding a new subdivision A and designating present subdivisions A and B as subdivisions B and C respectively. New subdivision A states the present practice of requiring the payment of the fees for filing the complaint at the time the action is commenced. The subdivision acknowledges that a statute or the principle of an in forma pauperis may dictate a different practice in a particular case.
New subdivisions B and C incorporate prior subdivision A and B without change except for a corrected cross-reference in subdivision B. There is no change in practice or procedure with respect to costs.
EXPLANATORY COMMENT—1992
Rule 206 provides for the right to proceed in forma pauperis. Even though the Judicial Code provides for in forma pauperis proceedings for all courts under the Unified Judicial System, such proceedings have never been instituted at the minor courts level. This Rule is substantially identical to Pa.R.C.P. No. 240 and applies to all civil actions and proceedings except for proceedings pursuant to the Protection From Abuse Act.
In addition, the Note to Rule 206 conforms Rule 206 with the provisions of Section 1725.1 of the Judicial Code. Rule 206A provides for the assessment and collection of costs and fees in civil cases, and the Rule sets forth that costs to be recovered by the successful litigant shall include all service costs and fees. Since the Rule was inconsistent with Section 1725.1, which establishes that the cost of postage and registered mail in civil cases shall be borne by the plaintiff, the Note eliminates this inconsistency by specifying that service costs or fees refer only to personal service since mail costs are to be borne by the plaintiff.
Furthermore, the Note provides that District Justices shall accept the Civil Action Complaint without payment of the appropriate filing fees when said complaint is filed with an in forma pauperis petition.
