THE COURTS

Title 231—RULES OF
CIVIL PROCEDURE

PART I. GENERAL

[ 231 PA. CODE CHS. 1000 AND 2220 ]

Order Amending Rule 1033 and Rule 2232 of the Rules of Civil Procedure; No. 591 Civil Procedural Rules Doc.

[44 Pa.B. 8]
[Saturday, January 4, 2014]

Order

Per Curiam

 And Now, this 20th day of December, 2013, upon the recommendation of the Civil Procedural Rules Committee; the proposal having been published at 42 Pa.B. 6244 (October 6, 2012):

 It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 1033 and Rule 2232 of the Pennsylvania Rules of Civil Procedure are amended in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective January 23, 2014.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1000. ACTIONS

Subchapter A. CIVIL ACTION

PLEADINGS

Rule 1033. Amendment.

 A party, either by filed consent of the adverse party or by leave of court, may at any time change the form of action, add a person as a party, correct the name of a party, or otherwise amend [his] the pleading. The amended pleading may aver transactions or occurrences which have happened before or after the filing of the original pleading, even though they give rise to a new cause of action or defense. An amendment may be made to conform the pleading to the evidence offered or admitted.

CHAPTER 2220. JOINDER OF PARTIES

Rule 2232. Defective joinder; change of parties.

*  *  *  *  *

 (b) [Joinder of unnecessary parties is not ground for dismissal of an action. After notice to all other parties, a party may be dropped by order of the court whenever the party has been misjoined or no claim for relief is asserted aginst the party in the action by any other party.] (Rescinded).

*  *  *  *  *

Explanatory Comment

 Rule 1033 has been amended to specifically state that an amendment may add a person as a party. It is the practice of litigants and trial courts to refer to Rule 1033 when a party seeks to amend a pleading to add another party. The purpose of this amendment is to eliminate any uncertainty as to whether a motion to amend a pleading to add an additional party is governed by Rule 1033. There is no conflict between this proposed amendment and Rule 2232(c) because the latter addresses the question of when a court may order the joinder of any additional person.

 Subdivision (b) of Rule 2232 addressing the joinder of an additional party is being rescinded. The provision is unnecessary because if a party has been misjoined or no claim for relief is asserted, a dismissal should be sought through the rules governing preliminary objections, judgment on the pleadings, and summary judgment. If a plaintiff wants to drop a defendant, he or she should use the rules governing the discontinuance of an action.

By the Civil Procedural
Rules Committee

DIANE W. PERER, 
Chair

[Pa.B. Doc. No. 14-2. Filed for public inspection January 3, 2014, 9:00 a.m.]

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