In Re: Order Amending Rule 401 of the Pennsylvania Rules of Civil Procedure

Summary

This Adoption Report explains the Pennsylvania Civil Procedural Rules Committee's recommended amendments to Pennsylvania Rule of Civil Procedure 401. The amendments replace the requirement that a prothonotary “write” on original process with a requirement to “designate” it for reissuance or reinstatement, and clarify when a new defendant may be added. The amendment became effective April 1, 2022.

Holdings

1. The rule was amended to require the prothonotary to designate, rather than write on, the original process or a copy presented for reissuance or reinstatement, thereby accommodating electronically filed documents.
2. A new defendant may be named in a reissued writ or reinstated complaint under Rule 401(b)(2) only if the writ or complaint has not been served on any originally named defendant.

Questions Presented

1. How should Rule 401(b)(1) apply to electronically filed writs of summons and complaints when process is reissued or reinstated?
2. When may a new defendant be named in a reissued writ or reinstated complaint under Rule 401(b)(2)?

Disposition

other