RulesofCivilProcedure.com Civil Procedure · Every State

Rule 1007.Commencement of Action.

Last amended January 24, 2019 · Last verified June 30, 2026

In one sentenceRule 1007 provides that a civil action may be commenced by filing with the prothonotary either a praecipe for a writ of summons or a complaint.

Full Text of Rule 1007

Text sizeJump to: (1) (2)

An action may be commenced by filing with the prothonotary:
(1) a praecipe for a writ of summons, or
(2) a complaint.
End

Plain-English Summary

This short rule sets the two ways to start a lawsuit. An action is commenced by filing with the prothonotary either a praecipe for a writ of summons or a complaint.

The choice matters in practice: filing a praecipe for a writ of summons commences the action and tolls the statute of limitations even before the complaint is prepared, while filing a complaint starts the case with the claim fully pleaded.

Frequently Asked Questions

How do you start a lawsuit in Pennsylvania?

By filing with the prothonotary either a praecipe for a writ of summons or a complaint.

Why file a writ of summons instead of a complaint?

Filing a praecipe for a writ of summons commences the action — tolling the statute of limitations — before the complaint is finished, which can be useful near a deadline.

Official Note

Official Note: 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.

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).

Source & verification. Rule text, the Official Note, and the amendment history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. · Official text
Also known as: commencement of actionwrit of summonspraecipehow to start a lawsuitfiling a complaint