(a) Whenever a judgment is entered against a partnership such judgment shall not bar a subsequent action upon the same cause of action against any partner who was not individually named as a defendant in the action.
Rule 2134.Subsequent actions against partners not named in prior action.
Adopted May 1, 1939 · Last amended April 18, 1975 · Last verified June 30, 2026
In one sentenceRule 2134 provides that a judgment against a partnership does not bar a later action on the same cause against a partner who was not named in the prior action.
Full Text of Rule 2134
(b) In a subsequent action instituted under the authority of subdivision (a) of this rule, a partner against whom a judgment was entered in the original action shall not be joined as a party.
Plain-English Summary
A first judgment against the firm does not let an unnamed partner off the hook. This rule provides that a judgment entered against a partnership does not bar a subsequent action upon the same cause against a partner who was not named or served in the prior action — preserving the claim against partners who were not before the court the first time.
Frequently Asked Questions
Can a partner who was not named be sued after a partnership judgment?
Yes. The judgment does not bar a later action on the same cause against a partner not named in the prior action.
Official Note
Official Note: 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: subsequent action against partnerunnamed partner suitpartnership judgment not a bar