Rule 1036.1.Reinstatement of Claim Dismissed Upon Affidavit of Noninvolvement.

Adopted January 22, 2009 · Not amended since adoption · Last verified June 30, 2026

In one sentenceRule 1036.1 lets a party reinstate a claim against someone who was dismissed on an affidavit of noninvolvement, on a motion supported by a prima facie showing of that party’s involvement, with limited discovery allowed before the court decides.

Full Text of Rule 1036.1

Text sizeJump to: (a) (b) (c) (d) (e)

(a) As used in this rule, ‘‘action’’ shall have the meaning as provided in Rule 1036(a).

(b) If a party has been dismissed from an action upon an affidavit of noninvolvement pursuant to Rule 1036, any other party may file a motion to reinstate the dismissed party setting forth facts showing that statements made in the affidavit of noninvolvement were false or inaccurate.

(d) Upon reviewing the motion and any response thereto and determining the existence of a prima facie case of involvement of the dismissed party, the court shall enter an order

(1) allowing any party

(i) to conduct limited discovery directed solely to the issue of the involvement of the party which was dismissed.

(ii) prior to the disposition of the motion, to file affidavits, depositions and such other evidentiary materials as would permit a jury to find that any party which was dismissed was involved in any activities upon which the claim is based, and

(2) scheduling an argument to decide the motion.

(e) The argument shall be limited to the sole issue of whether the moving party has produced evidence which, when considered in a light most favorable to that party, would require the issue of the involvement of any party which was dismissed to be submitted to a jury.

End

Plain-English Summary

This rule is the counterpart to dismissal under Rule 1036. If a party was dismissed from an action on an affidavit of noninvolvement, any other party may move to reinstate the dismissed party.

The court again tests for a prima facie case. If it finds a prima facie case of the dismissed party’s involvement, it must enter an order allowing limited discovery on that issue and the filing of evidentiary materials, then decide at argument whether the moving party produced evidence that, viewed favorably, would let a jury find involvement.

Frequently Asked Questions

Can a party dismissed for noninvolvement be brought back?

Yes. Another party may move to reinstate the dismissed party on a prima facie showing of involvement, with limited discovery permitted before the court rules.

Amendment History

The provisions of this Rule 1036.1 adopted January 22, 2009, effective March 1, 2009, 39 Pa.B. 676.

Source & verification. Rule text, the Official Note, and the amendment history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation of rules adopted by the Supreme Court of Pennsylvania. This rule has not been amended since its adoption. Last verified June 30, 2026. · Official text

Also known as: reinstatement noninvolvementreinstate dismissed party