Adopted June 25, 1946 · Last amended July 18, 1991 · Last verified June 30, 2026
Suits involving the state carry the state's name. This rule sets the style of the action: an action by the Commonwealth is brought in the name of the Commonwealth of Pennsylvania, and it addresses how an action against a Commonwealth party or officer is captioned, so the government party is properly identified.
In the name of the Commonwealth of Pennsylvania.
Official Note: ‘‘Commonwealth’’ is defined by Pa. R.C.P. No. 76. An action may be brought against the Commonwealth only when a cause of action against it exists and when a right of action has been authorized by statute. Constitution of 1968, Article I, Section 11; 1 Pa.C.S. § 2310. Section 8522 of the Judicial Code, 42 Pa.C.S. § 8522, provides exceptions to sovereign immunity as to Commonwealth parties. See Section 8501 of the Code, 42 Pa.C.S. § 8501, for the definition of Commonwealth party. The Commonwealth is an entity distinct from a Commonwealth party. See Garcia v. Com- monwealth of Pennsylvania et al, 131 Cmwlth. 327, 570 A.2d 137 (1990) and cases cited therein.
Official Note: ‘‘Political subdivision’’ is defined by Pa. R.C.P. No. 76. For exceptions to governmental immunity, see Section 8542 of the Judicial Code, 42 Pa.C.S. § 8542.
The provisions of this Rule 2102 adopted June 25, 1946, effective January 1, 1947; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended July 18, 1991, effective January 1, 1992, 21 Pa.B. 3399. Immediately preceding text appears at serial page (99945).