Praecipe for Writ of Summons
(PA)
Summary
This template is a praecipe for a writ of summons. File this along with the writ of summons and any other required documentation in your Pennsylvania action. This template contains practical guidance and a drafting note. A praecipe (which is a request to the civil clerk of courts) for writ of summons acts like a request to the clerk to file the attached writ of summons and create a docket entry opening your case. It is required when filing a writ of summons by state rules and all local rules. Use this template to create the praecipe that will the top page of your writ of summons packet when filed with the appropriate county court of common pleas. In Pennsylvania, a plaintiff can commence a civil lawsuit by filing a writ of summons. This procedure does not require a complaint to commence the action. The writ template requires only the caption and name of plaintiff and defendants and a simple statement commencing the action. It is useful, but you should only use it when appropriate. For more information regarding writ of summons see Pa. R. Civ. P. 1007(1). Upon issuance, you must serve the writ of summons in accordance with Pa. R. Civ. P. 400–402. For a full listing of key content covering fundamental civil litigation tasks throughout a Pennsylvania state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (PA). For additional information on filing a writ of summons, including scenarios in which you might want to use this method of commencing an action, see Commencing a Lawsuit: Drafting and Filing the Complaint, Praecipe for Writ of Summons, or Petition (PA). For a writ of summons template, see Writ of Summons (PA).