Rule 400.Person to Make Service.

Adopted July 5, 1985 · Last amended January 18, 2022 · Last verified June 30, 2026

In one sentenceRule 400 provides that original process within Pennsylvania is served only by the sheriff, except that a competent adult may serve it in certain actions (injunctive relief, partition, declaratory judgment, and diverse-citizenship cases), the coroner serves it when the sheriff is a party, and deputized service reaches other counties.

Full Text of Rule 400

Text sizeJump to: (a) (b) (c) (d)

(a) Except as provided in subdivisions (b) and (c) and in Rules 400.1 and 1930.4, original process shall be served within the Commonwealth only by the sheriff.

(b) In addition to service by the sheriff, original process may be served also by a competent adult in the following actions:

(1) a civil action in which the complaint includes a request for injunctive relief under Rule 1531, perpetuation of testimony under Rule 1532, or appointment of a receiver under Rule 1533;

(2) partition;

(3) a declaratory judgment when declaratory relief is the only relief sought; and

(4) a civil action in which there is a complete diversity of citizenship between all plaintiffs and all defendants, and at least one defendant is a citizen of Pennsylvania.

(c) When the sheriff is a party to the action, original process shall be served by the coroner or other officer authorized by law to perform the duties of coroner.

(d) If service is to be made by the sheriff in a county other than the county in which the action was commenced, the sheriff of the county where service may be made shall be deputized for that purpose by the sheriff of the county where the action was commenced.

End

Plain-English Summary

This rule fixes who may serve a summons or complaint. As a default, original process within the Commonwealth is served only by the sheriff. The First Judicial District (Philadelphia) follows the separate provisions of Rule 400.1.

There are defined exceptions. A competent adult may also serve original process in a civil action seeking injunctive relief, perpetuation of testimony, or a receiver, in partition, in a declaratory-judgment action where that is the only relief sought, and in a case of complete diversity of citizenship with at least one Pennsylvania defendant. When the sheriff is a party, the coroner serves the process, and the sheriff of another county may be deputized to serve there.

Frequently Asked Questions

Who serves a summons or complaint in Pennsylvania?

Within the Commonwealth, original process is served only by the sheriff, except that a competent adult may serve it in the specific actions the rule lists, such as injunction, partition, declaratory judgment, and diverse-citizenship cases.

Can a private process server serve original process?

Only in the actions the rule allows a competent adult to serve. Otherwise original process within Pennsylvania must be served by the sheriff (with separate provisions for Philadelphia under Rule 400.1).

Official Note

Note: See Rule 76 for the definition of ‘‘competent adult.’’ Service of original process in domestic relations matters is governed by Rule 1930.4.

Amendment History

The provisions of this Rule 400 adopted July 5, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended May 11, 1990, effective immediately, 20 Pa.B. 2737; amended October 2, 1995, effective January 1, 1996, 25 Pa.B. 4518; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767; amended June 14, 1999, effective September 1, 1999, 29 Pa.B. 3191; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended January 18, 2022, effective April 1, 2022, 52 Pa.B. 682. Immediately preceding text appears at serial page (400572). (Editor’s Note: The Supreme Court of Pennsylvania suspended its order of June 14, 1999, published at 29 Pa.B. 3191 (June 26, 1999). See 29 Pa.B. 4859 (September 18, 1999).)

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: person to make servicewho serves processsheriff servicecompetent adult service