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Praecipe for Writ of Summons
Practical Law Glossary Item w-008-1220 (Approx. 3 pages)
Glossary
Praecipe for Writ of Summons
A document that a plaintiff files with the prothonotary to commence a civil action in a Pennsylvania court of common pleas before filing a complaint (Pa.R.Civ.P. 1007; Johnson v. Allgeier, 852 A.2d 1235, 1237 (Pa. Super. 2004) (citing Pa.R.Civ.P. 1007 and 42 Pa. C.S.A. § 5503)).
The praecipe does not:
- Include any factual or jurisdictional allegations.
- Assert the plaintiff's claims.
The praecipe simply asks the prothonotary to issue a writ of summons against the defendant.
Plaintiffs typically file a praecipe for writ of summons:
- To commence a lawsuit quickly when the statute of limitations is about to expire on the plaintiff's claims.
- When plaintiff's counsel does not have sufficient time to prepare a complaint.
Filing a praecipe for writ of summons tolls the applicable statute of limitations if the plaintiff makes a prompt, good faith effort to serve the writ of summons on the defendant after the court issues the writ (Farinacci v. Beaver Cty. Indus. Dev. Auth., 511 A.2d 757, 760 (Pa. 1986) (affirming dismissal of plaintiff's case as outside the statute of limitations based on the failure of plaintiff to timely effectuate service of a writ of summons)).
For more information on preparing a praecipe for writ of summons, see Practice Note, Commencing a Lawsuit: Drafting the Praecipe for Writ of Summons and Writ of Summons (PA). To view a sample praecipe for writ of summons with drafting tips, see Standard Document, Praecipe for Writ of Summons (PA).