Last amended April 4, 1990 · Last verified June 30, 2026
In one sentenceRule 231 lets a plaintiff bring a second action on the same cause after a discontinuance or voluntary nonsuit, on payment of the costs of the former action, but bars a second action after a compulsory nonsuit.
(a)After a discontinuance or voluntary nonsuit the plaintiff may commence a second action upon the same cause of action upon payment of the costs of the former action.
(b)After the entry of a compulsory nonsuit the plaintiff may not commence a second action upon the same cause of action.
End
Plain-English Summary
This rule decides when ending a case leaves the door open to refile. After a discontinuance or a voluntary nonsuit, the plaintiff may commence a second action on the same cause of action, provided the costs of the former action are paid.
A compulsory nonsuit closes that door. After a compulsory nonsuit is entered, the plaintiff may not commence a second action on the same cause of action.
Frequently Asked Questions
Can a plaintiff refile after a nonsuit?
After a discontinuance or voluntary nonsuit, yes — on payment of the costs of the former action. After a compulsory nonsuit, no.
Official Note
Official Note: For the right to move to take off a compulsory nonsuit, see Rule 227.1.
Amendment History
The provisions of this Rule 231 amended April 4, 1990, effective July 1, 1990, 20 Pa.B. 2279. Immediately preceding text appears at serial page (143659).
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:second actionrefilingnew action after nonsuit