Rule 401.Time for Service. Reissuance, Reinstatement, and Substitution of Original Process.
Adopted July 5, 1985 · Last amended December 16, 2021 · Last verified June 30, 2026
Full Text of Rule 401
Plain-English Summary
This rule sets the clock for serving a summons or complaint. Original process must be served within the Commonwealth within thirty days after the writ of summons is issued or the complaint is filed (service outside the Commonwealth follows Rule 404’s longer period).
The deadline is renewable. If service is not made in time, a writ may be reissued or a complaint reinstated at any time and any number of times, each reissuance or reinstatement starting a new period for service. A substituted writ or complaint may issue when the original is lost, and a plaintiff who began by writ may treat a later complaint as alternative original process.
Frequently Asked Questions
How long do I have to serve original process in Pennsylvania?
Within thirty days after the writ is issued or the complaint is filed. Service outside the Commonwealth follows the ninety-day period of Rule 404.
What if I miss the thirty-day window?
A writ may be reissued or a complaint reinstated at any time and any number of times, and each reissuance or reinstatement starts a fresh period for service.
Official Note
Note: See Rule 404 for the time for service outside the Commonwealth.
Note: A new party defendant cannot be added to a reissued writ or reinstated complaint if service has been completed on a defendant already named in the writ or complaint. For cases involving multiple defendants, a new party defendant cannot be added to a reissued writ or reinstated complaint if service has been completed on any defendant already named in the writ or complaint. If a new party defendant cannot be added pursuant to this rule, other procedures are available. See Rule 229 to discontinue the action and to start a new action; Rule 1033 to amend the caption of a pleading by agreement of the party or by leave of court; and Rule 2232 to seek leave of court for an order joining a defendant.
Note: If the applicable time has passed after the issuance of the writ or the filing of the complaint, the writ must be reissued or the complaint reinstated to be effective as process. Filing or reinstatement or substitution of a complaint, which is used as alternative process under this subdivision, has been held effective in tolling the statute of limitations as the reissuance or substitution of a writ.
Amendment History
The provisions of this Rule 401 adopted July 5, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended December 18, 2019, effective April 1, 2020, 50 Pa.B. 199; amended December 16, 2021, effective April 1, 2022, 52 Pa.B. 10. Immediately preceding text appears at serial pages (400573) to (400574).