231 Pa. Code r. 229 - Discontinuance

(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.

Notes

231 Pa. Code r. 229

The provisions of this Rule 229 adopted September 30, 1949, effective 4/1/1950; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended March 11, 1991, effective 7/1/1991, 21 Pa.B. 1274; amended July 18, 1991, effective 1/1/1992, 21 Pa.B. 3399; amended April 12, 1999, effective 7/1/1999, 29 Pa.B. 2266; amended January 27, 2003, effective immediately, 33 Pa.B. 748; amended March 9, 2015, effective 4/8/2015, 45 Pa.B. 1490.