Rule 1042.6. Notice of Intent to Enter Judgment of Non Pros for Failure to File Certificate of Merit. Motion to Determine Necessity to File Certificate. Form of Notice.
(a) Except as provided by subdivision (b), a defendant seeking to enter a judgment of non pros under Rule 1042.7(a) shall file a written notice of intention to file the praecipe and serve it on the party’s attorney of record or on the party if unrepresented, no sooner than the thirty-first day after the filing of the complaint.
(b) A judgment of non pros may be entered as provided by Rule 1042.7(a) without notice if
(1) the court has granted a motion to extend the time to file the certificate and the plaintiff has failed to file it within the extended time, or
(2) the court has denied the motion to extend the time.
(c) Upon the filing of a notice under subdivision (a) of this rule, a plaintiff may file a motion seeking a determination by the court as to the necessity of filing a certificate of merit. The filing of the motion tolls the time period within which a certificate of merit must be filed until the court rules upon the motion. If it is determined that a certificate of merit is required, the plaintiff must file the certificate within twenty days of entry of the court order on the docket or the original time period, whichever is later.
Official Note
The motion may be filed at any time prior to the entry of a judgment of non pros.
Once the judgment of non pros is entered, a party cannot raise the claim that the filing of a certificate of merit was not required.
(d) The notice required by subdivision (a) of this rule shall be substantially in the following form:
(Caption)
Notice of Intention to Enter Judgment of
Non Pros for Failure to File a Certificate of MeritTo:
(Identify Party)
Pursuant to Pennsylvania Rule of Civil Procedure 1042.7, I intend to enter a judgment of non pros against you after thirty (30) days of the date of the filing of this notice if a certificate of merit is not filed as required by Rule 1042.3.
I am serving this notice on behalf of
.
(Name of party)The judgment of non pros will be entered as to the following claims:
.
(State if a judgment is to be entered as to all claims. Otherwise, identify claims set forth in the complaint as to which a judgment of non pros will be entered.)
(Attorney)
(Address)
(Telephone Number)
Source The provisions of this Rule 1042.6 adopted June 16, 2008, effective immediately, 38 Pa.B. 3481; amended March 20, 2013, effective May 1, 2013, 43 Pa.B. 1835. Immediately preceding text appears at serial pages (335365) to (335366).
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