(a) A partnership having a right of action shall prosecute such right in the names of the then partners trading in the firm name, in the following manner: ‘‘A, B and C trading as X & Co.’’
Rule 2127.Actions by Partnerships and Liquidators.
Adopted May 1, 1939 · Last amended April 18, 1975 · Last verified June 30, 2026
In one sentenceRule 2127 has a partnership prosecute its claims in the names of the partners trading in the firm name, and addresses suits by a liquidator.
Full Text of Rule 2127
(b) An action prosecuted by the liquidator of a dissolved partnership shall be prosecuted in the name of the liquidator in the following manner: ‘‘A, Liquidator of A, B, and C, late trading as X & Co.’’
(c) The failure of a partnership to comply with subdivision (a) of this rule shall not affect the right of the defendant to recover costs from both the partner- ship and the individual partners.
Plain-English Summary
A partnership presses its claims through the partners. This rule has a partnership with a right of action prosecute it in the names of the then-partners trading in the firm name, and addresses an action brought by a liquidating partner or liquidator winding up the firm — so the right party brings the partnership's claim.
Frequently Asked Questions
How does a partnership sue?
In the names of the partners then trading in the firm name, with provisions for suits by a liquidator.
Official Note
Official Note: For the rule applicable to the prosecution of set-offs, counterclaims and cross-actions by a partnership sued in the firm name, see Rule 2128(b).
Amendment History
The provisions of this Rule 2127 adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.
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: partnership suesactions by partnershipliquidator partnership suit