231 Pa. Code Rule 2102. Style of Action.

Rule 2102. Style of Action.

(a)(1)  An action by the Commonwealth shall be brought in the name of the Commonwealth of Pennsylvania.
   (2)  An action against a Commonwealth agency or party shall be styled in the following manner: Plaintiff v. ‘‘
(Name of Agency or Party)

of the Commonwealth of Pennsylvania.’’

   Official Note
   ‘‘Commonwealth’’ is defined by Pa. R.C.P. No. 76. An action may be brought against the Commonwealth only when a cause of action against it exists and when a right of action has been authorized by statute. Constitution of 1968, Article I, Section 11; 1 Pa.C.S. §  2310. Section 8522 of the Judicial Code, 42 Pa.C.S. §  8522, provides exceptions to sovereign immunity as to Commonwealth parties. See Section 8501 of the Code, 42 Pa.C.S. §  8501, for the definition of Commonwealth party. The Commonwealth is an entity distinct from a Commonwealth party. See Garcia v. Commonwealth of Pennsylvania et al, 131 Cmwlth. 327, 570 A.2d 137 (1990) and cases cited therein.
(b)  An action shall be brought by or against a political subdivision in its name.

   Official Note
   ‘‘Political subdivision’’ is defined by Pa. R.C.P. No. 76.
  For exceptions to governmental immunity, see Section 8542 of the Judicial Code, 42 Pa.C.S. §  8542.

Source

   The provisions of this Rule 2102 adopted June 25, 1946, effective January 1, 1947; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended July 18, 1991, effective January 1, 1992, 21 Pa.B. 3399. Immediately preceding text appears at serial page (99945).

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