Coverage note: this corpus holds the
consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check
palegis.us.
§ 779. Nonsuits.
(a) In general.--The orphans' court division may enter a nonsuit under the same circumstances, subject
to review in the same manner and with the same effect as in an action at law.
(b) Will contest.--A nonsuit may be entered against a contestant in a will contest whenever the contestant
has the burden of overcoming the presumption of validity arising from due proof of
execution as required by law and the contestant has failed to satisfy that burden.
(c) Other cases.--In any other case a nonsuit may be entered against a party where the disposition of
the case depends on an issue on which that party has the burden of proof and has failed
to satisfy that burden.
(Dec. 10, 1974, P.L.867, No.293, eff. imd.)
1974 Amendment. Act 293 added section 779.
Notes of Decisions
In Re: Koeberlein, E., Appeal of: Koeberlein, E. (Pa. Super. Ct. 2016).
“” 20 Pa.C.S. § 779(a). “[A] nonsuit may be entered against a party where the disposition of the case depends on an issue on which that party has the burden of proof and has failed to satisfy that burden.”
Est. of Alston, D., Appeal of: Pompeya, Y. (Pa. Super. Ct. 2026).
“See 20 Pa.C.S. § 779. 8 Entry of a judgment of non pros would provide Pompeya the ability to file a petition to strike and/or open the judgment of non pros, something she had been foreclosed from doing in this matter’s current posture given the unclear nature of the court’s…”
— 20 Pa. Cons. Stat. § 779(a) — 2 cases
In Re: Koeberlein, E., Appeal of: Koeberlein, E. (Pa. Super. Ct. 2016).
“” 20 Pa.C.S. § 779(a). “[A] nonsuit may be entered against a party where the disposition of the case depends on an issue on which that party has the burden of proof and has failed to satisfy that burden.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.