Adopted June 25, 1946 · Not amended since adoption · Last verified June 30, 2026
In one sentenceThis rule says whom to name as defendant in mandamus — the responsible officers of a political subdivision, a corporation joined with the person concerned, or the department, board, or commission charged with the duty.
(a)When an action is commenced to compel performance of a public act or duty by a political subdivision of the Commonwealth, it shall be sufficient to name as defendants such officers in their official capacities as are concerned in the act or duty.
(b)When an action is commenced against a corporation or similar entity, it shall be joined as a defendant with the particular person or body of persons concerned in the performance of the act or duty.
(c)When a public act or duty is required to be performed by an executive or administrative department, by a departmental administrative board or commission or by an independent administrative board or commission of the Commonwealth or by a board or body of a political subdivision, it shall be sufficient to name the department, board, commission or body as the defendant without joining as a defendant the head of the department or the members of the board, commission or body.
End
Plain-English Summary
Mandamus runs against whoever must perform the duty, and this rule identifies the proper defendants for different actors. To compel a public act or duty of a political subdivision, it is enough to name the officers responsible for performing it. Against a corporation or similar entity, the entity is joined with the particular person or body concerned with the performance.
Where the duty falls on an executive or administrative department, board, or commission, that body is named. Pinpointing the right defendants ensures the court’s command reaches the party with the power to act.
Frequently Asked Questions
Whom do you name as defendant in a mandamus action?
The officers concerned in their official capacities; that is sufficient when compelling a public act or duty.
Amendment History
The provisions of this Rule 1094 adopted June 25, 1946, effective January 1, 1947.
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. This rule has not been amended since its adoption. Last verified June 30, 2026. ·
Official text
Also known as:mandamus defendantsofficers official capacityparties defendant mandamus