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Administrative Order No. 34 Discontinuances in Asbestos Cases - Notice to Other Parties Under Pa. R.C.P. 229

In all asbestos cases where more than one party has been named as an original defendant or joined as an additional defendant, the case against any party may be discontinued as to less than all defendants under the procedures set forth in Pa.R.C.P. 229.

Under Rule 229, a discontinuance may not be entered without leave of Court.

Notice requirements:

The party requesting discontinuance shall notify all other parties by ordinary mail: (1) that a discontinuance approval will be requested from the Court; (2) the reason for the proposed discontinuance; and (3) that a discontinuance motion will be filed after the expiration of 20 days from the date of mailing said notice if no objections are received by counsel for the discontinuing party within that time.

Uncontested discontinuances:

If no objections have been received by discontinuing counsel, he or she may file a motion and proposed order with the Court certifying that the discontinuance is unopposed and setting forth compliance with the notice requirements.

The prothonotary is directed to forward said motion to the asbestos judge forthwith.

Bucks County Rule 266 memoranda are not required in uncontested discontinuance cases.

Contested discontinuances:

If an objection has been received, discontinuance will be allowed only after motion and rule to show cause upon the objecting party. If an issue of fact is raised by the answer to the motion, the Court may fix a hearing upon the request of any party.

Multiple Actions:

Leave is hereby granted to file a single uncontested discontinuance motion involving more than one party. In such event, the caption shall list all cases to which the motion applies.