Complaint
Pennsylvania Court of Common Pleas Philadelphia County
Pleading Rules & Requirements
Commencement/Filing of Action
An action is commenced by filing either a complaint or a praecipe for a writ of summons. Pa. R.C.P. 1007. If the plaintiff requests that the writ of summons be held and not put into the process for service, however, the action is not considered to have been commenced, and the statute of limitations is not tolled. For a form of the writ of summons, Pa. R.C.P. 1351.
If the plaintiff chooses to commence the action by filing and serving a writ of summons, he must then file a complaint, otherwise the defendant may require him to do so. Pa. R.C.P. 1037 (a).
Failure to file a complaint within 20 days after the defendant files a rule requiring the plaintiff to file a complaint may result in a judgment of non pros being entered against the plaintiff. Pa. R.C.P. 237.1; Pa. R.C.P. 1037 (a).
General Pleading Rules
Fact Pleading
Pennsylvania is a "fact pleading" state, and each party must set forth the facts supporting his position with specificity. Clark v. SEPTA, 691 A.2d 988 (Pa. Commw. 1997).
Pleadings Permitted
Permissible pleadings include: (1) a complaint and an answer thereto, NOTE: The term “complaint” includes a complaint to join an additional defendant. (2) a reply if the answer contains new matter, a counterclaim or a cross-claim, (3) a counter-reply if the reply to a counterclaim or cross-claim contains new matter, (4) a preliminary objection and a response thereto. Pa. R.C.P. 1017 (amended eff 6/1/07).
Notice to Defend Required
The pleader must attach a notice to plead to any pleading, other than the complaint, for which a reply pleading is required. For a complaint, a notice to defend is required. Pa. R.C.P. 1018.1. For the form of the required notice to plead, Pa. R.C.P. 1361.
Basis of Claim
A complaint must outline the specific material facts on which the plaintiff's claims are based. Pa. R.C.P. 1019(a).
Specific Law Relied Upon to be Cited
For any right, claim, or defense that a party asserts to be founded on a specific statute, ordinance, governmental regulation, or rule of court, the party must cite the specific statute, ordinance, regulation, or rule in the first pleading in which he asserts the related right, claim, or defense. Phila. Civ. R. 205.2(a)(7).
Pleading Damages
The plaintiff must specify the relief sought. Relief in the alternative or of several types, including an accounting, may be demanded. Pa. R.C.P. 1021(a). With respect to any claim for unliquidated damages, the claimant may not list a specific sum in the complaint. Pa. R.C.P. 1021(b). If arbitration is required, the plaintiff must state whether the amount claimed exceeds the jurisdictional amount requiring arbitration. Pa. R.C.P. 1021(c).
Where a party seeks liquidated damages, the party must state in his pleading the precise amount sought and the date(s) from which any interest began to accrue. Phila. Civ. R. 205.2(a)(8).
Discovery Motions
Discovery motions are governed by Pa. R.C.P. 208.3(a).
Pre-Complaint Discovery
Material and Necessary to Complaint
A plaintiff may obtain pre-complaint discovery where the information sought is material and necessary to the filing of the complaint and the discovery will not cause unreasonable annoyance, embarrassment, oppression, burden or expense to any person or party. Pa. R.C.P. 4003.8 (a).
Motion for Protective Order
Upon a motion for protective order or other objection to a plaintiff’s precomplaint discovery, the court may require the plaintiff to state with particularity how the discovery will materially advance the preparation of the complaint. In deciding the motion or other objection, the court shall weigh the importance of the discovery request against the burdens imposed on any person or party from whom the discovery is sought. Pa. R.C.P. 4003.8 (b).
NEW RULE AMENDMENTS EFFECTIVE APRIL 8, 2024
Must Comply with Pa. R.C.P. 208.3
Requests or objections to pre-complaint discovery must comply with Pa. R.C.P. 208.3. Pa. R.C.P. 4003.8 (a) (new rule eff 4/8/24).
Joinder of Claims and Parties
Multiple Claims to be Stated in Separate Counts
A party may plead multiple causes of action against the same defendant, but the pleader must state each claim in a separate count. Pa. R.C.P. 1020 (a).
Joinder of Defendants
A plaintiff may join as defendants in the same action any person against whom the plaintiff asserts a right to relief jointly, severally, separately, or in the alternative or any claim that arises from the same transaction, occurrence, or series of transactions or occurrences, if any common question of law or fact relating to the liability of all related persons will arise. Pa. R.C.P. 2229 (b).
Alternative claims that meet one of these requirements may be joined even if they are inconsistent with one another. Pa. R.C.P. 2229 (c).
Venue
Individuals
An action against an individual may be brought in and only in a county where:
(1) the individual may be served;
(2) the cause of action arose;
Motion for Sanctions
If the court determines, on its own motion or on the motion of a party, that any party has violated the provisions of Pennsylvania Rules of Civil Procedure 1023.1 ( Form and Format: Signature, below), the court may impose an appropriate sanction on the attorneys, law firms, or parties that have committed the violation. Pa. R.C.P. 1023.2; Pa. R.C.P. 1023.3. Sanctions may consist of an award of attorneys' fees or other monetary payment or some other order of the court. Pa. R.C.P. 1023.4.
Special Requirements for Particular Causes of Action
Pleading Special Matters
Claim Based on Agreement
For any claim or defense based on an agreement, the pleading must indicate specifically whether that agreement is oral or written. Pa. R.C.P. 1019(h). If the agreement is written, the pleader must attach a copy of the document to the pleading. If the document is unavailable to the pleader, it is sufficient to so state, to state the reasons for the unavailability, and to set forth the substance of the writing. Pa. R.C.P. 1019(i).
Fraud and Mistake
Class Actions
Prerequisites to Class Action
One or more members of a class may sue or be sued as representative parties on behalf of all members of the class only if:
1. The class is so numerous that joinder of all members is impracticable;
Form & Format of Papers
Note: Although the Philadelphia Civil Rules impose various formatting requirements as outlined below, those Rules also provide that the prothonotary may not refuse to file any pleading or paper that complies with the Pennsylvania Rules of Civil Procedure. Phila. Civ. R. 205.2(a).
Caption
Every pleading must contain a caption that includes the name of the court, the number of the action, and the name of the pleading. The complaint must state the form of the action and the names of all the parties, including Doe designations for unknown defendants as provided in Rule 2005; in subsequent pleadings, one may list only the principal party on each side along with an appropriate indication of other parties (e.g., "et. al.").
The caption of all legal papers filed in a civil action by and against a minor must designate the minor by the initials of his or her first and last name. See Rule 2028.
Pa. R.C.P. 1018 (amended eff 4/1/19).
The caption must appear below the attorney's address in the left-hand margin of the page, and the proper court term and number must appear in the right-hand margin. Phila. Civ. R. 205.2(a)(5). The caption of the complaint or other original filing must contain the addresses, including zip codes, of all parties. Phila. Civ. R. 205.2(a)(6).
Numbered Paragraphs/Separate Statements
The complaint must be divided into numbered paragraphs, with each paragraph limited to one material allegation as far as practicable. Pa. R.C.P. 1022.
Paper Type
All papers and records filed with the prothonotary must be prepared on letter size (approximately 8.5" x 11") paper of customary weight and quality. Phila. Civ. R. 205.2 (a)(1).
All PDF pages must be 8.5" in size exactly Other file sizes may be incompatible with electronic filing. Phila. Civ. R. 204.1 (a)(2) (amended eff 10/31/22).
Margins and Spacing
Margins must be no less than 3/4" at left and ¼" inch at right. All papers must be double-spaced. Phila. Civ. R. 205.2 (a)(2). The first page must contain a three (3)-inch space from the top of the page for stamps, filing notices, waivers, jury trial demands, and notations. Beginning at the left-hand margin, three (3) inches from the top of the page, the paper must include the attorney's name, email address, attorney identification number, firm name, address, and telephone number, in that order. The client's name must appear to the right of the attorney's address. All of this text must appear in at least ten-point font. Phila. Civ. R. 205.2 (a)(4).
Page Numbering
Except for the first page, all pages must be numbered consecutively at the bottom. Arabic numerals must be used (e.g.: 1, 2, 3, etc). This does not apply to cover sheets as laid out in Rule 205.2(b). Phila. Civ. R. 204.1 (a)(3) (amended eff 10/31/22).
Civil Cover Sheet
A party must attach a civil cover sheet to any document filed that commences an action. Failure to submit the required civil cover sheet, or inclusion of false or misleading information therein, may result in sanctions including non pros of the action. Phila. Civ. R. 205.2(b)(1).
Signature
The complaint must be signed by the plaintiff or by his attorney (if applicable). Pa. R.C.P. 1023.1(b).
The signature constitutes a certification that:
1. The person signing has read the document;
Verification
Every pleading must be verified by a party with knowledge of the averments, who states that the averments or denials in the pleading are true to that person's personal knowledge or reasonable belief. If the averments are inconsistent with one another, the person signing the verification must state that he has been unable, after reasonable investigation, to determine which averments are true but that he believes that one of them is true. If any person other than a party signs the verification, that person must indicate that he has sufficient knowledge to do so and must state why the verification has not been signed by a party. Pa. R.C.P. 1024.
Incorporation by Reference
A pleading may incorporate by reference any other part of the complaint, another pleading in the action, any record of any state or federal court (as long as that record is in the county where the action is pending), or any matter that is recorded or transcribed in the office of the prothonotary, clerk of any court of record, recorder of deeds or register of wills of the county in which the action is pending. Pa. R.C.P. 1019(g).
Name and Contact Information of Party or Attorney
Every pleading must include the name, in-state address, and telephone number of the party (if pro se) or the party's attorney (if represented by counsel). Pa. R.C.P. 1025.
The first paper filed by any party in a case must include both an address within the Commonwealth and an e-mail address at which subsequent papers and notices may be served on the party or counsel. Phila. Civ. R. 205.2(a)(3).
Additional Formatting Requirements
Philadelphia County Court of Common Pleas SmartRules™ procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS.
Additional Documents
Notice to Defend
The complaint must be accompanied by a notice to defend. Pa.R.C.P. 1018.1(a). For the form of the notice to defend, Pa. R.C.P. 1018.1(b).
Summons
An action is commenced by filing either a complaint or a praecipe for a writ of summons. Pa. R.C.P. 1007 (amended eff 1/1/21). For a form of the writ of summons, Pa. R.C.P. 1351.
Civil Cover Sheet
A party must attach a civil cover sheet to any document filed that commences an action. Phila. Civ. R. 205.2(b)(1).
An electronic version of the required Civil Cover Sheet for Philadelphia County can be found at: https://courts.phila.gov/pdf/forms/civil/civil-cover-sheet.pdf.
Agreement from Which Claim Arises
For any claim or defense based on an agreement, the pleading must indicate specifically whether that agreement is oral or written. Pa. R.C.P. 1019(h). If the agreement is written, the pleader must attach a copy of the document to the pleading. If the document is unavailable to the pleader, it is sufficient to so state, to state the reasons for the unavailability, and to set forth the substance of the writing. Pa. R.C.P. 1019(i).
Motion for Sanctions
A party may file a motion alleging that another party has violated the provisions of Pennsylvania Rules of Civil Procedure 1023.1(d) ( Signature, above), and asking the court to impose an appropriate sanction on the attorneys, law firms or parties that have committed the violation. Such motion must be filed before final judgment and must contain a certification that the movant sent notice to the alleged offender demanding withdrawal or amendment of the offending document. Pa. R.C.P. 1023.2(b).
Filing & Service
Filing
Electronic Filing Required
Parties shall electronically file all “legal papers,” as defined in Pa. R.C.P. 205.4 (a)(2) with the Prothonotary through the Civil Trial Division’s Electronic Filing System as more specifically provided in Pennsylvania Rule of Civil Procedure No. 205.4 and Phila. Civ. R. 205.2. Phila. Civ. R. 205.4 (a) (amended eff 5/26/10).
The Civil Electronic Filing System User Manual is available online.
Other Electronic Filing resources can be found on the court's Online Services page.
Any legal paper that does not require a judge's signature before filing may be submitted, along with the appropriate filing fee, to the prothonotary, sheriff, or other appropriate officer for filing. Pa. R.C.P. 205.1. Philadelphia County Court of Common Pleas SmartRules™ procedural guide: FILING DOCUMENTS.
Filing Fees
A list of filing fees in Philadelphia County can be found on the court's website under "Court Fees".
Timing
A paper sent by mail is deemed filed when it is received by the appropriate officer. Pa. R.C.P. 205.1.
Service of Process
Original process must be served within thirty (30) days after the issuance of the writ or the filing of the complaint. Pa. R.C.P. 401 (a) (amended eff 4/1/22). For more information on service of the complaint and summons, Philadelphia County Court of Common Pleas SmartRules™ procedural guide: SERVICE OF PROCESS.
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