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 A custody pleading cannot be withdrawn after the issuance of a scheduling order or notice of conference regarding claims made in the pleading except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