Rule 2004.Transfer of Interest in Pending Action.
Adopted February 14, 1939 · Last amended April 12, 1999 · Last verified June 30, 2026
Full Text of Rule 2004
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).