Part 2120 · Partnerships as Parties

Rule 2127. Actions by Partnerships and Liquidators

Amended April 18, 1975 (current)

(a) A partnership having a right of action shall prosecute such right in the names of the then partners trading in the firm name, in the following manner: ‘‘A, B and C trading as X & Co.’’ Official Note For the rule applicable to the prosecution of set-offs, counterclaims and cross-actions by a partnership sued in the firm name, see Rule 2128(b).

(b) An action prosecuted by the liquidator of a dissolved partnership shall be prosecuted in the name of the liquidator in the following manner: ‘‘A, Liquidator of A, B, and C, late trading as X & Co.’’

(c) The failure of a partnership to comply with subdivision (a) of this rule shall not affect the right of the defendant to recover costs from both the partnership and the individual partners.