Rule 1007.Commencement of Action.
Last amended January 24, 2019 · Last verified June 30, 2026
Full Text of Rule 1007
Plain-English Summary
This short rule sets the two ways to start a lawsuit. An action is commenced by filing with the prothonotary either a praecipe for a writ of summons or a complaint.
The choice matters in practice: filing a praecipe for a writ of summons commences the action and tolls the statute of limitations even before the complaint is prepared, while filing a complaint starts the case with the claim fully pleaded.
Frequently Asked Questions
How do you start a lawsuit in Pennsylvania?
By filing with the prothonotary either a praecipe for a writ of summons or a complaint.
Why file a writ of summons instead of a complaint?
Filing a praecipe for a writ of summons commences the action — tolling the statute of limitations — before the complaint is finished, which can be useful near a deadline.
Official Note
Official Note: For the form of the writ of summons, see Rule 1351. See Rule 205.5 governing the requirement for filing a cover sheet with the pleading commencing the action. Rule 2005(b) does not authorize the filing of a praecipe for a writ of summons if an unknown defendant is to be identified by a Doe designation.
Amendment History
The provisions of this Rule 1007 amended July 18, 1991, effective January 1, 1992, 21 Pa.B. 3399; amended February 25, 2010, effective in ninety days, 40 Pa.B. 1395; amended January 24, 2019, effective April 1, 2019, 49 Pa.B. 608. Immediately preceding text appears at serial pages (381077) and (348251).