Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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231 Pa. Code Rule 2231. Effect of joinder; practice in general.

Rule 2231. Effect of joinder; practice in general.

 (a)  The joinder of parties shall not be deemed to unite for jurisdictional purposes amounts in controversy claimed severally, separately or in the alternative by or against the respective parties plaintiff and defendant.

 (b)  [Rescinded]

   Official Note

   Rule 2231(b) was rendered obsolete by the abolition of the County Court of Allegheny County and the former Municipal Court of Philadelphia County by the Constitution of 1968.

 (c)  The trial of an action in which parties have joined or have been joined under Rules 2228 and 2229 shall be conducted as if independent actions between such parties had been consolidated for trial.

   Official Note

   If in any case in which parties have joined or have been joined as permitted or required by these rules it would be inconvenient or prejudicial to the rights of any party to hold a common trial of all issues, the court, by virtue of its power of severance, may order the separate trial of any of the issues. Pa. R.C.P. No. 213(b).

 (d)  Except as otherwise provided by these rules, the joinder of parties in any action shall not affect the procedural rights which each party would have if suing or sued separately, and the verdicts and judgments entered therein shall be joint, several or separate according to the nature of the right or liability therein determined.

 (e)  If two or more defendants are joined under Rule 2229 (d), the plaintiff shall not be permitted to discontinue or enter a nolle prosequi or a voluntary nonsuit as to any defendant primarily liable to the plaintiff unless the plaintiff also does so as to all defendants secondarily liable to the plaintiff for the default of such defendant.

 (f)  Rescinded.

 (g)  Rescinded.

   Official Note

   See Rule 226(b) for the entry of a directed verdict and Rule 230.1(b) for the entry of a compulsory nonsuit.

 (h)  Rescinded.

   Official Note

   See Rule 226(b) for the entry of a directed verdict and Rule 230.1(c) for the entry of a compulsory nonsuit.

Source

   The provisions of this Rule 2231 adopted June 7, 1940, effective February 5, 1941; amended June 23, 1975, effective immediately, 5 Pa.B. 1819; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274; amended May 30, 2001, effective July 1, 2001, 31 Pa.B. 3184. Immediately preceding text appears at serial pages (255315) to (255316).



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