Section 3051. Relief from Judgment of Non Pros

(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.

Official Note

See Rule 237.3 for special provisions relating to relief from a judgment of non pros entered pursuant to Rule 1037(a).

(c) If the relief sought includes the opening of the judgment of non pros for inactivity, the petition shall allege facts showing that

Official Note

The ‘‘inactivity’’ covered by this subdivision is governed by and subject to Jacobs v. Halloran, 551 Pa. 350, 710 A.2d 1098 (1998).

(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.

The provisions of this Rule 3051 adopted November 19, 1991, effective January 1, 1992, 21 Pa.B. 5638; amended December 2, 1994, effective July 1, 1995, 24 Pa.B. 6259; amended April 5, 2013, effective May 5, 2013, 43 Pa.B. 2136. Immediately preceding text appears at serial pages (363545) to (363546).