Part 200 · Business Of Courts

Rule 230. Voluntary Nonsuit

Amended October 3, 2002 (current)

(a) A voluntary nonsuit shall be the exclusive method of voluntary termination of an action in whole or in part by the plaintiff during the trial. Official Note A plaintiff who asserts a cause of action ex contractu and joins as defendants persons liable to the plaintiff in different capacities may not obtain a voluntary nonsuit as to a defendant primarily liable without obtaining a voluntary nonsuit as to all defendants secondarily liable. Rule 2231(e).

(b) A plaintiff may not obtain a voluntary nonsuit without leave of court upon good cause shown and cannot do so after the close of all the evidence.