Rule 401. Time for Service Reissuance, Reinstatement and Substitution of Original Process Copies for Service
- Original process shall be served within the Commonwealth within thirty days after the issuance of the writ or the filing of the complaint.
-
(1) If service within the Commonwealth is not made within the time prescribed by subdivision (a) of this rule or outside the Commonwealth within the time prescribed by Rule 404, the prothonotary upon praecipe and upon presentation of the original process, shall continue its validity by reissuing the writ or reinstating the complaint, by writing thereon "reissued" in the case of a writ or "reinstated" in the case of a complaint.
(2) A writ may be reissued or a complaint reinstated at any time and any number of times. A new party defendant may be named in a reissued writ or a reinstated complaint.
(3) A substituted writ may be issued or a substituted complaint filed upon praecipe stating that the former writ or complaint has been lost or destroyed.
(4) A reissued, reinstated or substituted writ or complaint shall be served within the applicable time prescribed by subdivision (a) of this rule or by Rule 404 after reissuance, reinstatement or substitution.
(5) If an action is commenced by writ of summons and a complaint is thereafter filed, the plaintiff instead of reissuing the writ may treat the complaint as alternative original process and as the equivalent for all purposes of a reissued writ, reissued as of the date of the filing of the complaint. Thereafter the writ may be reissued, or the complaint may be reinstated as the equivalent of a reissuance of the writ, and the plaintiff may use either the reissued writ or the reinstated complaint as alternative original process.
- The copy of the original process to be served upon the defendant shall be attested by the prothonotary or certified by the plaintiff to be a true copy. Adopted June 20, 1985, effective January 1, 1986.
- Rule 400. Person to make Service
- Rule 400.1. Provisions for all Courts of the First Judicial District
- Rule 401. Time for Service Reissuance, Reinstatement and Substitution of Original Process Copies for Service
- Rule 402 Service Upon the Individuals, Adults, Minors, Incapacitated Persons
- Rule 402.1. Service Upon the Commonwealth and Political Subdivisions
- Rule 402.2. Service Upon the Partnerships, Unincorporated Associations, and Corporations and Similar Entities
- Rule 402.3. Service Upon Additional Defendants
- Rule 403. Service by Mail
- Rule 404. Service Outside the Commonwealth
- Rule 405. Return of Service
- Rule 410. Real Property Actions
- Rule 430. Service Persuant to Special Order of Court Publication
- Rule 434.1. Subpoena to Attend and Testify
- Rule 434.2. Subpoena, Issuance, Service, Compliance, Fees, Prisoners
- Rule 434.6. Form of Subpoena
- Rule 434.9. Notice and Acknowledgement of Receipt of Subpoena by Mail
Copyright © 2000-2010 B&RServices. All rights reserved.
215-546-7400 | 1-800-503-7400 | B&R Services for Professionals Inc. 235 South 13th Street Philadelphia, PA 19107