Section 1336. Re-Filing of the Petition After Withdrawal or Dismissal  


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  • A. Re-filing. A petition may be re-filed after the petition has been withdrawn pursuant to Rule 1335 or dismissed by the court.

    B. Motion for dismissal. The court may entertain a motion by any party to dismiss the re-filed petition.

    Comment

    If a petition is re-filed, the procedures of Rule 1330 are to be followed. It may be necessary to have a shelter care hearing under the procedures of Rule 1242.

    Official Note

    Rule 1336 adopted August 21, 2006, effective February 1, 2007.

    Committee Explanatory Reports:

    Final Report explaining the provisions of Rule 1336 published with the Court’s Order at 36 Pa.B. 5599 (September 2, 2006).