231 Pa. Code r. 1006 - Venue. Change of Venue

(a) General Rule. Except as otherwise provided by subdivisions (b) and (c) of this rule, an action against an individual may be brought in and only in a county where

(1) the individual may be served;

(2) the cause of action arose;

(3) a transaction or occurrence took place out of which the cause of action arose;

(4) venue is authorized by law; or

(5) the property or a part of the property, which is the subject matter of the action, is located provided that equitable relief is sought with respect to the property.

(b) Venue Designated by Rule. Actions against the following defendants, except as otherwise provided in subdivision (c), may be brought in and only in the counties designated by the following rules: political subdivisions, Rule 2103; partnerships, Rule 2130; unincorporated associations, Rule 2156; corporations and similar entities, Rule 2179.

(c)Joint and Several Liability Actions. An action to enforce a joint or joint and several liability against two or more defendants, except actions in which the Commonwealth is a party defendant, may be brought against all defendants in any county in which the venue may be laid against any one of the defendants under the general rules of subdivisions (a) or (b).

(d) Transfer of Venue.

(1) For the convenience of parties and witnesses, the court upon petition of any party may transfer an action to the appropriate court of any other county where the action could originally have been brought.

(2) if, upon petition and hearing, the court finds that a fair and impartial trial cannot be held in the county for reasons stated of record, the court may order that the action be transferred. The order changing venue shall be certified to the Supreme Court, which shall designate the county to which the case is to be transferred.

(3) It shall be the duty of the prothonotary of the court in which the action is pending to forward to the prothonotary of the county to which the action is transferred, certified copies of the docket entries, process, pleadings, depositions, and other papers filed in the action. The costs and fees of the petition for transfer and the removal of the record shall be paid by the petitioner in the first instance to be taxable as costs in the case.

(e) Improper Venue to be Raised by Preliminary Objection. Improper venue shall be raised by preliminary objection and if not so raised shall be waived. If a preliminary objection to venue is sustained, and there is a county of proper venue within the State, the action shall not be dismissed but shall be transferred to the appropriate court of that county. The costs and fees for transfer and removal of the record shall be paid by the plaintiff.

(f)Multiple Causes of Action. if the plaintiff states more than one cause of action against the same defendant in the complaint pursuant to Rule 1020(a), the action may be brought in any county in which any one of the individual causes of action might have been brought.

(g) The Civil Procedural Rules Committee shall reexamine the 2022 rule amendments two years after their effective date.

Notes

231 Pa. Code r. 1006

The provisions of this Rule 1006 amended through June 20, 1985, effective 1/1/1986, 15 Pa.B. 2452; amended April 12, 1999, effective 7/1/1999, 29 Pa.B. 2266; amended January 27, 2003, effective immediately, 33 Pa.B. 751; amended December 16, 2003, effective 7/1/2004, 34 Pa.B. 9; amended June 15, 2011, effective 8/1/2011, 41 Pa.B. 3526; amended April 29, 2016, effective immediately, 46 Pa.B. 2409 Amended by Pennsylvania Bulletin, Vol 46, No. 20. May 14, 2016, effective 5/14/2016 Amended by Pennsylvania Bulletin, Vol 52, No. 37. November 10, 2022, effective 1/1/2023