Thursday, March 12, 2015

Notable Rules of Civil Procedure Amendments by the Pennsylvania Supreme Court

The Pennsylvania Supreme Court has issued two recent notable Rule changes.

Pa.R.C.P. 229 Discontinuance

Relative to Pa.R.C.P. 229, the Pennsylvania Supreme Court has amended the Rule to specifically state that, whenever a Discontinuance is sought to be entered as to less than all of the Defendants, the Discontinuance can be entered with the consent of all parties or, if that total consent is not forthcoming, a motion can be filed by the Plaintiff or the Defendant whom the Plaintiff has agreed to dismiss.  Previously the Rule was silent as to who could file such a motion.

Here are Links to the Amended Rule and the Explanatory Note:

Pa.R.C.P. 234.1 Subpoena to Attend and Testify
The Pennsylvania Supreme Court amended Pa.R.C.P. 234.1 to require that reasonable notice of a need to appear and testify be given to non-party witnesses who are subpoenaed.  The Rule was previously silent in this regard.
Below are Links to the Amended Rule and the Explanatory Note:

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