Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part I - GENERAL
Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN
Rule 1915.3-1 - Withdrawal of Pleading. Discontinuance of Action

Universal Citation: 231 PA Code ยง 1915.3-1

Current through Register Vol. 54, No. 12, March 23, 2024

(a) Withdrawal of Pleading. A custody pleading cannot be withdrawn after the issuance of a scheduling order or notice of conference regarding claims made in the pleading except

(1) by leave of court after notice to the non-moving party, or

(2) by written agreement of the parties.

(b) Discontinuance of a Custody Action.

(1) A custody action may be discontinued by praecipe only upon a verified statement by the moving party that the complaint has not been served.

(2) A custody action cannot be discontinued after the complaint has been served except
(A) by leave of court after notice to the non-moving party, or

(B) by written agreement of the parties.

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