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. 12, March 23, 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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