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Rule 1113.Commencement of Action.

Adopted June 25, 1946 · Not amended since adoption · Last verified June 30, 2026

In one sentenceAn action of quo warranto is commenced by filing a complaint with the prothonotary, stating the challenge to the defendant’s right to the office or franchise.

Full Text of Rule 1113

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An action shall be commenced by filing a complaint with the prothonotary.
End

Plain-English Summary

This rule sets how a quo warranto action starts: by filing a complaint with the prothonotary. The complaint sets out the basis for challenging the defendant’s claim to a public office or the exercise of a corporate franchise.

Starting with the complaint puts the challenge squarely before the court at the outset of this extraordinary proceeding.

Frequently Asked Questions

How does a quo warranto action start?

By filing a complaint with the prothonotary.

Amendment History

The provisions of this Rule 1113 adopted June 25, 1946, effective January 1, 1947.

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. This rule has not been amended since its adoption. Last verified June 30, 2026. · Official text
Also known as: commence quo warrantofile quo warranto complaintstarting a quo warranto action