Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

231 Pa. Code Rule 1915.3-1. Withdrawal of Pleading. Discontinuance of Action.

Rule 1915.3-1. Withdrawal of Pleading. Discontinuance of Action.

 (a)  Withdrawal of Pleading. A custody pleading cannot be withdrawn after the issuance of a scheduling order or notice of conference regarding claims made in the pleading except

   (1)  by leave of court after notice to the non-moving party, or

   (2)  by written agreement of the parties.

 (b)  Discontinuance of a Custody Action.

   (1)  A custody action may be discontinued by praecipe only upon a verified statement by the moving party that the complaint has not been served.

   (2)  A custody action cannot be discontinued after the complaint has been served except

     (A)   by leave of court after notice to the non-moving party, or

     (B)   by written agreement of the parties.

Source

   The provisions of this Rule 1915.3-1 adopted June 25, 2013, effective in 30 days on July 25, 2013, 43 Pa.B. 3936.



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