Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part I - GENERAL
Chapter 1700 - CLASS ACTIONS
Appendix A - ANALYSIS OF THE RULES
Rule 1703 - Commencement of Action. Assignment to a Judge

Rule 1703 provides that a class action can be commenced only by the filing of a complaint in the form provided by Rule 1704. The rule further provides that upon the filing of the complaint the action must be forthwith assigned to an individual judge who shall be in charge of the action for all purposes as long as it continues as a class action. This will be important in multi-judge counties. Obviously, if the initially assigned judge becomes ill or for other sound reasons, the President Judge, or the Administrative Judge, may reassign the case to another judge to assure its efficient handling.

A class action may not be commenced by writ as provided under the assumpsit, trespass or equity rules. If so commenced, it will not toll the statute as to members of the class. In order to toll the statute as to the class, the action must be commenced by a class action complaint.

Further, if the complaint does not comply with Rule 1704, it will not commence a class action.

Even if the action seeks declaratory relief, the complaint is mandatory. A petition under the Declaratory Judgment Act may not be used.