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PA Bulletin, Doc. No. 02-35

THE COURTS

PART I. GENERAL

[231 PA. CODE CH. 200]

Proposed Recommendation No. 175; Proposed Amendment to Rule 230 Governing Voluntary Nonsuit

[32 Pa.B. 247]

   The Civil Procedural Rules Committee proposes that new Rule of Civil Procedure 230 governing involuntary nonsuit be promulgated as set forth herein. The proposed recommendation is being submitted to the bench and bar for comments and suggestions prior to its submission to the Supreme Court of Pennsylvania.

   All communications in reference to the proposed recommendation should be sent not later than March 1, 2002 to:

Harold K. Don, Jr., Esquire
Counsel
Civil Procedural Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, Pennsylvania 17055
 
or E-Mail to
civil.rules@supreme.court.state.pa.us

   The Explanatory Comment which appears in connection with the proposed recommendation has been inserted by the Committee for the convenience of the bench and bar. It will not constitute part of the rules of civil procedure or be officially adopted or promulgated by the Court.

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 200.  BUSINESS OF COURTS

Rule 230.  Voluntary Nonsuit.

   (a)  A voluntary nonsuit shall be the exclusive method of voluntary termination of an action[,] in whole or in part by the plaintiff during the trial.

   Official Note:  A plaintiff who asserts a cause of action ex contractu and joins as defendants persons liable to the plaintiff in different capacities may not [suffer] obtain a voluntary nonsuit as to a defendant primarily liable without [suffering] obtaining a voluntary nonsuit as to all defendants secondarily liable. Rule 2231(e).

   (b)  A plaintiff [who has rested the case in chief] may not [suffer] obtain a voluntary nonsuit without leave of court upon good cause shown and cannot do so after the close of all the evidence.

Explanatory Comment

   Rule 230 presently permits a plaintiff to ''suffer'' a nonsuit at his or her whim. It is suggested that the exercise of this right for no good reason, e.g., simply because the plaintiff is not satisfied with the progress of the trial, is unfair to other parties to the action and a waste of judicial time and resources. It is proposed,therefore, that the right of a plaintiff to ''obtain'' a voluntary nonsuit be made subject to the approval of the court ''upon good cause shown''.

By the Civil Procedural Rules Committee

R. STANTON WETTICK, Jr.,   
Chair

[Pa.B. Doc. No. 02-35. Filed for public inspection January 11, 2002, 9:00 a.m.]


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