Rule 230.1.Compulsory Nonsuit at Trial.
Adopted October 19, 1983 · Last amended May 30, 2001 · Last verified June 30, 2026
Full Text of Rule 230.1
Plain-English Summary
This rule is Pennsylvania’s mechanism for ending a case that has not been proven. In a single-plaintiff, single-defendant action, the defendant may move orally for a nonsuit at the close of the plaintiff’s case on liability, and the court may enter it if the plaintiff has failed to establish a right to relief.
The court’s view of the evidence is limited and the timing depends on the parties. In deciding the motion the court considers only the plaintiff’s evidence and any favorable evidence the defendant introduced before the plaintiff rested. Where there are multiple plaintiffs or defendants, the court may not enter a compulsory nonsuit until the close of all plaintiffs’ cases, with a stipulation route for a defendant who has moved, if all defendants stipulate that no evidence will establish that defendant's liability.
Frequently Asked Questions
What is a compulsory nonsuit?
A judgment for the defendant entered at the close of the plaintiff’s liability case when the plaintiff has failed to establish a right to relief. The defendant moves orally, and the court considers only the plaintiff’s evidence and favorable defense evidence.
When can the court grant a compulsory nonsuit with multiple parties?
Not until the close of all the plaintiffs’ cases. It may then be entered for all defendants, or for a moving defendant if all defendants stipulate that no evidence will be presented establishing that defendant’s liability.
Official Note
Official Note: Subdivision (a) changes the prior practice whereby the entry of a compulsory nonsuit was precluded when any evidence had been presented by the defendant. If a motion for compulsory nonsuit is granted, the plaintiff may file a written motion to remove the nonsuit. See Rule 227.1
Official Note: The term ‘‘defendants’’ includes additional defendants.
Amendment History
The provisions of this Rule 230.1 adopted October 19, 1983, effective January 1, 1984, 13 Pa.B. 3629; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended May 30, 2001, effective July 1, 2001, 31 Pa.B. 3184. Immediately preceding text appears at serial page (255175). (Editor’s Note: The Supreme Court issued an order on April 23, 2014 (No. 594 Civil Procedural Rule Doc.), suspending Rule 230.2, which is under review and revision. The order does not affect the trial courts’ ability to proceed pursuant to Pa.R.J.A. No. 1901. The order is effective immediately. See 44 Pa.B. 2747 (May 10, 2014).) (Editor’s Note: The Supreme Court issued an order on December 9, 2015 (No. 634 Civil Procedural Rules Doc.), reinstating and amending Rule 230.2, effective December 31, 2016. See 45 Pa.B. 7283 (December 26, 2015). This order will be codified in the December 2016 Pennsylvania Code Reporter.)