Rule 2102.Style of Action.
Adopted June 25, 1946 · Last amended July 18, 1991 · Last verified June 30, 2026
Full Text of Rule 2102
Plain-English Summary
An action by the Commonwealth is brought in the name of the Commonwealth of Pennsylvania. An action against a Commonwealth agency or party is styled with the agency’s or party’s name followed by “of the Commonwealth of Pennsylvania.” A political subdivision sues and is sued in its own name. The Notes point to Rule 76 for the definitions of “Commonwealth” and “political subdivision.”
The Official Notes add the substantive frame. An action may be brought against the Commonwealth only when a cause of action against it exists and a statute authorizes the right of action, citing Article I, Section 11 of the Constitution of 1968 and 1 Pa.C.S. § 2310. Section 8522 of the Judicial Code sets exceptions to sovereign immunity for Commonwealth parties, Section 8501 defines a Commonwealth party, and Section 8542 lists exceptions to governmental immunity. The Notes also stress that the Commonwealth is an entity distinct from a Commonwealth party, citing Garcia v. Commonwealth of Pennsylvania, 131 Cmwlth. 327, 570 A.2d 137 (1990).
Frequently Asked Questions
How is a lawsuit by the Commonwealth captioned?
In the name of the Commonwealth of Pennsylvania.
Official Note
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. Commonwealth 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.
Amendment History
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).