Rule 232.Counterclaim. Termination of Plaintiff’s Action.
Adopted September 30, 1949 · Last amended April 4, 1990 · Last verified June 30, 2026
In one sentenceRule 232 protects a defendant’s counterclaim from the plaintiff’s exit, providing that a discontinuance or nonsuit does not affect the defendant’s right to proceed with a counterclaim already filed, and that the defendant may end a counterclaim only by discontinuance or voluntary nonsuit on conditions like those that apply to the plaintiff.
(a)A discontinuance or nonsuit shall not affect the right of the defendant to proceed with a counterclaim theretofore filed.
(b)A counterclaim may not be terminated, in whole or in part, by the defendant, except by discontinuance or voluntary nonsuit, and subject to conditions similar to those applicable to the plaintiff.
End
Plain-English Summary
This rule keeps a counterclaim alive when the plaintiff leaves. A discontinuance or nonsuit by the plaintiff does not affect the defendant’s right to proceed with a counterclaim that was already filed.
The defendant is held to the same standard. A counterclaim may be terminated by the defendant only by discontinuance or voluntary nonsuit, subject to conditions similar to those that govern a plaintiff ending the main action.
Frequently Asked Questions
Does a plaintiff’s discontinuance end the defendant’s counterclaim?
No. A discontinuance or nonsuit by the plaintiff does not affect the defendant’s right to proceed with a counterclaim already on file.
Amendment History
The provisions of this Rule 232 adopted September 30, 1949, effective April 1, 1950; amended April 4, 1990, effective July 1, 1990, 20 Pa.B. 2279. Immediately preceding text appears at serial pages (143659) to (143660).
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. Last verified June 30, 2026. ·
Official text
Also known as:counterclaim terminationcounterclaim survives discontinuance