Rule 404.Service Outside the Commonwealth.
Adopted July 5, 1985 · Last amended May 14, 1999 · Last verified June 30, 2026
Full Text of Rule 404
Plain-English Summary
This rule governs reaching a defendant beyond Pennsylvania’s borders. Original process served outside the Commonwealth must be served within ninety days of the issuance of the writ or the filing of the complaint, or of a reissuance or reinstatement.
The permitted methods are broad. Service may be made by a competent adult in the manner of Rule 402(a), by mail under Rule 403, in the manner the foreign jurisdiction provides for service in its own courts of general jurisdiction, in the manner provided by treaty, or as directed by the foreign authority in response to a letter rogatory or request.
Frequently Asked Questions
How long do I have to serve a defendant outside Pennsylvania?
Within ninety days of the issuance of the writ or the filing of the complaint, or of a reissuance or reinstatement.
How can out-of-state or foreign service be made?
By a competent adult, by mail, in the manner of the jurisdiction where service is made, by treaty, or as directed by the foreign authority on a letter rogatory or request.
Official Note
Official Note: For reissuance and reinstatement of original process, see Rule 401(b).
Official Note: See Rule 76 for the definition of ‘‘competent adult.’’
Official Note: A treaty may provide that to effect service a plaintiff must satisfy requirements which are in addition to the procedures specified by this rule.
Official Note: Sections 5323 and 5329(2) of the Judicial Code, 42 Pa.C.S. §§ 5323, 5329(2), provide additional alternative procedures for service outside the Commonwealth.
Amendment History
The provisions of this Rule 404 adopted July 5, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767. Immediately preceding text appears at serial pages (245988) and (202617).