Rule 2203.Procedure to remove plaintiff.

The plaintiff in a Pennsylvania wrongful-death action sues for others, and this rule lets those others hold the plaintiff to account. Any person entitled by law to recover damages may petition the court where the action is pending to remove the plaintiff and substitute, as new plaintiff, any person entitled by law to recover damages or a personal representative of the decedent. After a hearing, with due notice to the plaintiff and to all persons entitled to recover, the court may remove the plaintiff and order the substitution if it deems that advisable.

The Official Note explains the design. The rule makes the plaintiff accountable to the court for the conduct of the action, and it gives the beneficiaries some supervisory control, since they can seek the court’s help if the action is not properly conducted on their behalf. Rule 2202 sets who may bring the action first: the personal representative, or, if no action is brought within six months after the death, a person entitled to damages as trustee ad litem. Under Rule 2201, this rule applies to actions arising under Pennsylvania law.