Rule 1091.Conformity to Civil Action.

Adopted June 25, 1946 · Last amended December 16, 1983 · Last verified June 30, 2026

In one sentenceExcept where this chapter says otherwise, an action of mandamus follows the ordinary rules for a civil action, borrowing general procedure for everything the chapter does not specially address.

Full Text of Rule 1091

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Except as otherwise provided in this chapter, the procedure in the action of mandamus shall be in accordance with the rules relating to a civil action.

End

Plain-English Summary

This rule opens the mandamus chapter by tying it to general civil practice. An action of mandamus — the suit to compel a public official or body to perform a duty — proceeds under the rules for a civil action except where the mandamus chapter supplies its own rule.

The chapter therefore sets out only what is distinctive about mandamus, such as the proper defendants and the bar on counterclaims, and leaves the ordinary course of pleading and trial to the general rules.

Frequently Asked Questions

What is an action of mandamus?

A civil action to compel a public official or body to perform a required act or duty.

What procedure governs mandamus?

The ordinary rules for a civil action, except where this chapter provides something different.

Amendment History

The provisions of this Rule 1091 adopted June 25, 1946, effective January 1, 1947; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial page (28060).

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: mandamus procedurecompel public dutyaction of mandamus