Section 1098. Peremptory Judgment

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At any time after the filing of the complaint, the court may enter judgment if the right of the plaintiff thereto is clear. Judgment shall not be entered without prior notice to all parties unless the exigency of the case is such as to require action before notice, in which event notice shall be given as soon as possible.

Official Note
The practice of filing a petition to open a peremptory judgment as a prerequisite to an appeal has been discontinued. Pennsylvania Rule of Appellate Procedure 311(a)(5) provides that an appeal may be taken as of right from a peremptory judgment in mandamus.

The provisions of this Rule 1098 adopted June 25, 1946, effective January 1, 1947; amended November 19, 1974, 4 Pa.B. 2449; amended March 11, 1991, effective July 1, 1991, 21 Pa.B. 1274; amended July 28, 1995, effective January 1, 1996, 25 Pa.B. 3337. Immediately preceding text appears at serial pages (157225) to (157226).

                    
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