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Rule 2123.Acts of Assembly Not Suspended.

Adopted June 25, 1946 · Last amended June 3, 1994 · Last verified June 30, 2026

In one sentenceRule 2123 leaves untouched any Act of Assembly regulating the venue of actions brought by the head of a Commonwealth executive or administrative department, or by a departmental or independent administrative board or commission.

Full Text of Rule 2123

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The rules governing the Commonwealth and political subdivisions as parties shall not be deemed to suspend or affect any Act of Assembly regulating the venue of actions brought by the head of an executive or administrative department or by a departmental administrative board or commission or by an independent administrative board or commission of the Commonwealth.
End

Plain-English Summary

The rule is a savings clause with a narrow target. The rules on the Commonwealth and political subdivisions as parties do not suspend or affect any Act of Assembly that regulates the venue of actions brought by three kinds of Commonwealth actors: the head of an executive or administrative department, a departmental administrative board or commission, and an independent administrative board or commission. Where such a statute sets venue, it still governs those actions.

The clause works alongside Rule 2103(a), which lets the Commonwealth sue in common pleas in any county a Supreme Court rule permits, and the Official Note to Rule 2103 cross-refers here. It covers venue statutes for actions these officials and bodies bring, not every statute touching government litigation. Rule 2125 goes the other way for one statute, suspending Section 213 of the Act of March 10, 1949, P. L. 30, which relates to actions by and against school districts.

Frequently Asked Questions

Do these rules override the venue statutes for Commonwealth agencies?

No. The rules on the Commonwealth and political subdivisions as parties do not suspend or affect any Act of Assembly regulating the venue of actions brought by the head of an executive or administrative department, or by a departmental or independent administrative board or commission of the Commonwealth.

Amendment History

The provisions of this Rule 2123 adopted June 25, 1946, effective January 1, 1947; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (159506) to (159507).

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: acts of assembly commonwealthstatutes preserved governmentsavings clause commonwealth