Rule 233.1.Frivolous Litigation. Pro Se Plaintiff. Motion to Dismiss.
Adopted March 8, 2010 · Not amended since adoption · Last verified June 30, 2026
In one sentenceRule 233.1 lets a defendant move to dismiss an action filed by a self-represented plaintiff that re-raises claims already resolved by settlement or in court against the same or related defendants, and lets the court bar the plaintiff from further pro se litigation on those claims without leave of court.
(a)Upon the commencement of any action filed by a pro se plaintiff in the court of common pleas, a defendant may file a motion to dismiss the action on the basis that:
(1)the pro se plaintiff is alleging the same or related claims which the pro se plaintiff raised in a prior action against the same or related defendants, and
(2)these claims have already been resolved pursuant to a written settlement agreement or a court proceeding.
(b)The court may stay the action while the motion is pending.
(c)Upon granting the motion and dismissing the action, the court may bar the pro se plaintiff from pursuing additional pro se litigation against the same or related defendants raising the same or related claims without leave of court.
(d)The court may sua sponte dismiss an action that is filed in violation of a court order entered under subdivision (c).
(e)The provisions of this rule do not apply to actions under the rules of civil procedure governing family law actions.
End
Plain-English Summary
This rule is Pennsylvania’s tool against repetitive pro se litigation. When a self-represented plaintiff files an action, a defendant may move to dismiss it on the ground that the plaintiff is raising the same or related claims already resolved — by a written settlement agreement or a court proceeding — against the same or related defendants. The court may stay the action while the motion is pending.
The remedy can reach future filings. On dismissing the action, the court may bar the pro se plaintiff from pursuing more pro se litigation on the same or related claims against the same or related defendants without leave of court, and may dismiss on its own a later action filed in violation of that order. The rule does not apply to family-law actions.
Frequently Asked Questions
What does Rule 233.1 let a defendant do?
Move to dismiss an action by a self-represented plaintiff that re-raises claims already resolved by settlement or in court against the same or related defendants, and ask the court to bar further pro se litigation on those claims without leave of court.
Does Rule 233.1 apply to family-law cases?
No. The rule does not apply to actions governed by the rules of civil procedure for family-law actions.
Official Note
Official Note: A pro se party is not barred from raising counterclaims or claims against other parties in litigation that the pro se plaintiff did not institute.
Amendment History
The provisions of this Rule 233.1 adopted March 8, 2010, effective April 8, 2010, 40 Pa.B. 1490.
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:frivolous litigationpro se plaintiffvexatious litigantmotion to dismiss repetitive claims