Back to Main Page / Back to List of Rules

Rule 96. No Discontinuance


Where the defendant has filed a counterclaim seeking affirmative relief, the plaintiff shall not be permitted by a discontinuance of his suit, to prejudice the right of the defendant to be heard on such counterclaim.

Source: Art. 2016, unchanged.

Oct. 29, 1940, eff. Sept. 1, 1941.