Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part I - GENERAL
Chapter 3000 - JUDGMENTS
Subchapter C - FORMS
Rule 3051 - Relief from Judgment of Non Pros
Universal Citation: 231 PA Code ยง 3051
Current through Register Vol. 54, No. 38, September 21, 2024
(a) Relief from a judgment of non pros shall be sought by petition. All grounds for relief, whether to strike off the judgment or to open it, must be asserted in a single petition.
(b) Except as provided in subdivision (c), if the relief sought includes the opening of the judgment, the petition shall allege facts showing that
(1) the petition is timely filed,
(2) there is a reasonable explanation or
legitimate excuse for the conduct that gave rise to the entry of judgement of
non pros, and
(3) there is a
meritorious cause of action.
(c) If the relief sought includes the opening of the judgment of non pros for inactivity, the petition shall allege facts showing that
(1) the petition is timely
filed,
(2) there is a meritorious
cause of action, and
(3) the record
of the proceedings granting the judgment of non pros does not support a finding
that the following requirements for entry of a judgment of non pros for
inactivity have been satisfied:
(i) there has
been a lack of due diligence on the part of the plaintiff for failure to
proceed with reasonable promptitude,
(ii) the plaintiff has failed to show a
compelling reason for the delay, and
(iii) the delay has caused actual prejudice
to the defendant.
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