Rule 229.Discontinuance.

Adopted September 30, 1949 · Last amended March 9, 2015 · Last verified June 30, 2026

In one sentenceRule 229 makes a discontinuance the exclusive way a plaintiff voluntarily ends an action before trial, bars discontinuing against fewer than all defendants without consent or leave (except where no certificate of merit was filed under Rule 1042.3), and lets the court strike off a discontinuance to protect any party.

Full Text of Rule 229

Text sizeJump to: (a) (b) (c)

(a) A discontinuance shall be the exclusive method of voluntary termination of an action, in whole or in part, by the plaintiff before commencement of the trial.

(b)

(1) Except as otherwise provided in subdivision (b)(2), a discontinuance may not be entered as to less than all defendants except upon the written consent of all parties or leave of court upon motion of any plaintiff or any defendant for whom plaintiff has stipulated in writing to the discontinuance.

(2) In an action governed by Rule 1042.3, a plaintiff may enter a discontinuance as to a defendant if a certificate of merit as to that defendant has not been filed.

(c) The court, upon petition and after notice, may strike off a discontinuance in order to protect the rights of any party from unreasonable inconvenience, vexation, harassment, expense, or prejudice.

End

Plain-English Summary

This rule is Pennsylvania’s voluntary-dismissal mechanism. A discontinuance is the exclusive method by which a plaintiff voluntarily terminates an action, in whole or in part, before trial begins.

There are limits and a safety valve. A plaintiff generally may not discontinue as to fewer than all defendants without the written consent of all parties or leave of court, though in a professional-liability action governed by Rule 1042.3 a plaintiff may discontinue against a defendant for whom no certificate of merit has been filed. On petition and after notice, the court may strike off a discontinuance to protect a party from unreasonable inconvenience, vexation, harassment, expense, or prejudice.

Frequently Asked Questions

How does a plaintiff voluntarily end a case before trial?

By filing a discontinuance, which is the exclusive method of voluntary termination before trial. Discontinuing as to fewer than all defendants generally requires the written consent of all parties or leave of court.

Can a discontinuance be undone?

Yes. On petition and after notice, the court may strike off a discontinuance to protect a party from unreasonable inconvenience, vexation, harassment, expense, or prejudice.

Official Note

Official Note: Rule 1042.3 requires the filing of a certificate of merit as to a defendant against whom a professional liability claim is asserted.

Official Note: Court approval of a discontinuance must be obtained in any action in which a minor is a party, Rule 2039(a), an action for wrongful death in which a minor is beneficially interested, Rule 2206(a), an action in which an incapacitated person is a party, Rule 2064, and a class action, Rule 1714. A plaintiff who asserts a cause of action ex contractu and joins as defendants persons liable to the plaintiff in different capacities may not discontinue as to a defendant primarily liable without discontinuing as to all defendants secondarily liable. Rule 2231(e).

Amendment History

The provisions of this Rule 229 adopted September 30, 1949, effective April 1, 1950; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended March 11, 1991, effective July 1, 1991, 21 Pa.B. 1274; amended July 18, 1991, effective January 1, 1992, 21 Pa.B. 3399; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended January 27, 2003, effective immediately, 33 Pa.B. 748; amended March 9, 2015, effective April 8, 2015, 45 Pa.B. 1490. Immediately preceding text appeared at serial pages (331696), (306107) and (328339).

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: discontinuancevoluntary dismissalvoluntary termination