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PA Bulletin, Doc. No. 15-545

THE COURTS

Title 231—RULES OF
CIVIL PROCEDURE

PART I. GENERAL

[ 231 PA. CODE CH. 200 ]

Order Amending Rule 229 of the Rules of Civil Procedure; No. 619 Civil Procedural Rules Doc.

[45 Pa.B. 1490]
[Saturday, March 28, 2015]

Order

Per Curiam

 And Now, this 9th day of March, 2015, upon the recommendation of the Civil Procedural Rules Committee; the proposal having been published for public comment at 44 Pa.B. 323 (January 18, 2014):

 It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 229 of the Pennsylvania Rules of Civil Procedure is amended in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective April 8, 2015.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 200. BUSINESS OF COURTS

Rule 229. Discontinuance.

*  *  *  *  *

 (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.

*  *  *  *  *

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. The Supreme Court has adopted an amendment to Rule 229 to fill this gap. Under the revised rule, 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

PETER J. HOFFMAN, 
Chair

[Pa.B. Doc. No. 15-545. Filed for public inspection March 27, 2015, 9:00 a.m.]


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