(a) Any person entitled by law to recover damages in an action for wrongful death may petition the court in which an action for such wrongful death is pend- ing to remove the plaintiff and to substitute as a new plaintiff any person entitled by law to recover damages in the action or a personal representative of the dece- dent.
Rule 2203.Procedure to remove plaintiff.
Adopted February 14, 1939 · Last amended April 12, 1999 · Last verified June 30, 2026
In one sentenceRule 2203 lets a person entitled to recover in a wrongful-death action petition to remove the plaintiff who brought it and substitute themselves.
Full Text of Rule 2203
(b) After hearing, of which due notice shall be given to the plaintiff in the action and to all persons entitled by law to recover damages, the court may remove the plaintiff and order the substitution prayed for, if it deems the same advisable.
Plain-English Summary
Where the person who started a wrongful-death action is not the best one to pursue it, this rule offers a fix. A person entitled by law to recover damages may petition the court to remove the existing plaintiff and proceed in their place, so the action is prosecuted by an appropriate representative.
Frequently Asked Questions
Can the plaintiff in a wrongful-death action be replaced?
Yes. A person entitled to recover may petition to remove the plaintiff and substitute themselves.
Official Note
Official Note: This rule has the effect of making the plaintiff in the wrongful death action accountable to the court in which the action is brought for his or her conduct therein. In addi- tion, it permits the parties beneficially interested in the damages recovered in the action to exer- cise some supervisory control over the conduct of the action by enabling them to obtain the assistance of the court if the action is not properly conducted on their behalf.
Amendment History
The provisions of this Rule 2203 adopted February 14, 1939, effective September 4, 1939; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial pages (220915) to (220916).
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. ·
Official text
Also known as: remove wrongful death plaintiffsubstitute plaintiff wrongful deathwrongful death plaintiff removal