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Rule 2004.Transfer of Interest in Pending Action.

Adopted February 14, 1939 · Last amended April 12, 1999 · Last verified June 30, 2026

In one sentenceWhen a plaintiff transfers all or part of the interest in a pending action, Rule 2004 lets the case continue in the original plaintiff’s name, or lets the court substitute or join the transferee on petition.

Full Text of Rule 2004

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If a plaintiff has commenced an action in his or her own name and thereafter transfers the interest therein, in whole or in part, the action may continue in the name of the original plaintiff, or upon petition of the original plaintiff or of the transferee or of any other party in interest in the action, the court may direct the transferee to be substituted as plaintiff or joined with the original plaintiff.
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Plain-English Summary

A claim can be sold or assigned after suit is filed. This rule applies when a plaintiff who commenced the action in their own name later transfers the interest in it, in whole or in part. The action may continue in the original plaintiff’s name. Or, on the petition of the original plaintiff, the transferee or any other party in interest, the court may direct that the transferee be substituted as plaintiff or joined with the original plaintiff.

The rule works alongside Rule 2002, which requires actions to be prosecuted in the name of the real party in interest. The Official Note to Rule 2351 points here for the substitution of a person to whom a voluntary transfer is made. The substitution chapter that begins at Rule 2351 covers a different case: a successor who takes over a party’s interest or office by operation of law, election or appointment.

Frequently Asked Questions

What happens if a plaintiff sells the claim during the lawsuit?

The action may continue in the original name or with the transferee substituted, as the rule provides.

Amendment History

The provisions of this Rule 2004 adopted February 14, 1939, effective September 4, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial page (190554).

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: transfer of interestassign claim pending actionsubstitute transferee