§ Rule 237.3 Relief From Judgment of Non Pros or by Default

Codes > Pennsylvania Rules of Civil Procedure > Business of > Rule 237.3

Rule 237.3 Relief From Judgment of Non Pros or by Default

    (a) A petition for relief from a judgment of non pros or of default entered pursuant to Rule 237.1 shall have attached thereto a verified copy of the complaint or answer which the petitioner seeks leave to file.

    (b) If the petition is filed within ten days after the entry of the judgment on the docket, the court shall open the judgment if the proposed complaint or answer states a meritorious cause of action or defense.

    Note: Rule 236 requires the prothonotary to give notice of the entry of any judgment and to note in the docket the giving of the notice.

    The petitioner must act with reasonable diligence to see that the petition is promptly presented to the court if required by local practice.

    See Schultz v. Erie Insurance Exchange, 505 Pa. 90, 477 A.2d 471 (1984) for the requirements for opening a judgment by default and Pa.R.C.P. 3051 as to a judgment of non pros.Rule 237.3 does not change the law of opening judgments. Rather, the rule supplies two of the three requisites for opening such judgments by presupposing that a petition filed as provided by the rule is timely and with reasonable explanation or legitimate excuse for the inactivity or delay resulting in the entry of the judgment. The requirement of this rule for proceeding within ten days is not intended to set a standard for timeliness in circumstances outside this rule.

    A defendant who seeks to file a pleading other than an answer is not entitled to the benefit of this rule but must comply with the requirements of Schultz v. Erie Insurance Exchange, supra.

    See Rules 206.1 through 206.7 governing petition practice.