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
In Re: Order Amending Rule 229 of the Pennsylvania Rules of Civil Procedure
Combined Opinion