Legal Question in Civil Rights Law in Pennsylvania

Praecipe to Discontinue Without Prejudice

A "Praecipe" is simply a type of pleading filed in the middle of litigation. For our purposes it's not substantially different from the many "Motions" or "Petitions" you may have seen.

Specifically, a "Praecipe To Discontinue Without Prejudice" is a pleading filed with the Court by a Plaintiff who wants to end their case without reaching any final result. Though the case will end, there will not be a final ruling on the merits of the case one way or the other.

There are two things everyone must keep in mind about such a Praecipe:

First, a defendant can move to strike the praecipe and have the case reinstated. Defendants choose that option when they believe the case is entirely without merit and they want a "final" judgment "with prejudice" against the plaintiff.

Second, the filing of the praecipe totally ends the litigation and does not "stay" the statute of limitations. By way of example, medical malpractice suits must be filed within two years of the event in question. If a medical malpractice was was filed a year after the event in question, and then litigation proceeded for two years, and then the case was discontinued, the Plaintiff would be forever barred from filing their case again. That's because any new case would be at least three years after the event in question, which is one more year than allowed by Pennsylvania law.

Without knowing your specific circumstances, I can't tell you more, and it would be inappropriate for me to do so anyway. Every plaintiff should have a long, thorough conversation with their lawyer prior to filing a praecipe to discontinue -- it can have a substantial impact on the plaintiff's rights.

If you're asking about a specific situation, you should talk with your attorney immediately to find out what the praecipe means for you.