Pennsylvania Code (Last Updated: April 5, 2016) |
Title 231. RULES OF CIVIL PROCEDURE |
PART I. GENERAL |
Chapter 200. BUSINESS OF COURTS |
Section 230. Voluntary Nonsuit
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(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 obtain a voluntary nonsuit as to a defendant primarily liable without obtaining a voluntary nonsuit as to all defendants secondarily liable. Rule 2231(e).
(b) A plaintiff may not obtain a voluntary nonsuit without leave of court upon good cause shown and cannot do so after the close of all the evidence.
The provisions of this Rule 230 amended April 4, 1990, effective July 1, 1990, 20 Pa.B. 2279; amended March 11, 1991, effective July 1, 1991, 21 Pa.B. 1274; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended October 3, 2002, effective January 1, 2003, 32 Pa.B. 5175. Immediately preceding text appears at serial page (280399).