Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part I - GENERAL
Chapter 200 - BUSINESS OF COURTS
Rule 229 - Discontinuance
Universal Citation: 231 PA Code ยง 229
Current through Register Vol. 54, No. 38, September 21, 2024
(a) A discontinuance shall be the exclusive method of voluntary termination of an action, in whole or in part, by the plaintiff before commencement of the trial.
(b)
(1) Except as otherwise provided in
subdivision (b)(2), a discontinuance may not be entered as to less than all
defendants except upon the written consent of all parties or leave of court
upon motion of any plaintiff or any defendant for whom plaintiff has stipulated
in writing to the discontinuance.
(2) In an action governed by Rule
1042.3, a plaintiff may enter a
discontinuance as to a defendant if a certificate of merit as to that defendant
has not been filed.
(c) The court, upon petition and after notice, may strike off a discontinuance in order to protect the rights of any party from unreasonable inconvenience, vexation, harassment, expense, or prejudice.
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