THE COURTS

PART I. GENERAL

[ 231 PA. CODE CH. 200 ]

Proposed Amendment of Rule 229 Governing Discontinuances; Proposed Recommendation No. 257

[44 Pa.B. 323]
[Saturday, January 18, 2014]

 The Civil Procedural Rules Committee proposes that Rule of Civil Procedure 229 governing discontinuances be amended 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 no later than February 28, 2014 to:

Karla M. Shultz
Counsel
Civil Procedural Rules Committee
601 Commonwealth Avenue, Suite 6200
P. O. Box 62635
Harrisburg PA 17106-2635
FAX 717-231-9526
civilrules@pacourts.us

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 200. BUSINESS OF COURTS

Rule 229. Discontinuance.

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 (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 [after notice to all parties] upon motion of any plaintiff or any defendant for whom plaintiff has stipulated in writing to the discontinuance.

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Explanatory Comment

 Current Rule 229 provides that a discontinuance is the sole method by which a plaintiff can terminate an action before trial. A discontinuance as to less than all defendants requires written consent of all parties to the action or leave of court. This current rule is incomplete because it does not describe which parties may seek leave of court to enter a discontinuance as to less than all defendants. Under the proposed amendment, leave of court may be sought by any plaintiff or any defendant for whom the plaintiff has stipulated in writing to the discontinuance.

By the Civil Procedural
Rules Committee

DIANE W. PERER, 
Chair

[Pa.B. Doc. No. 14-113. Filed for public inspection January 17, 2014, 9:00 a.m.]

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