Rule 1035.3.Response. Judgment for Failure to Respond.

Adopted February 14, 1996 · Last amended May 16, 2003 · Last verified June 30, 2026

In one sentenceRule 1035.3 provides that an adverse party may not rest on the pleadings but must respond to a summary-judgment motion within thirty days, identifying factual issues or essential evidence, and that summary judgment may be entered against a party who does not respond.

Full Text of Rule 1035.3

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Except as provided in subdivision (e), the adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion identifying

(1) one or more issues of fact arising from evidence in the record contro-verting the evidence cited in support of the motion or from a challenge to the credibility of one or more witnesses testifying in support of the motion, or

(2) evidence in the record establishing the facts essential to the cause of action or defense which the motion cites as not having been produced.

(b) An adverse party may supplement the record or set forth the reasons why the party cannot present evidence essential to justify opposition to the motion and any action proposed to be taken by the party to present such evidence.

(c) The court may rule upon the motion for judgment or permit affidavits to be obtained, depositions to be taken or other discovery to be had or make such other order as is just.

(d) Summary judgment may be entered against a party who does not respond.

(e)

(1) Nothing in this rule is intended to prohibit a court, at any time prior to trial, from ruling upon a motion for summary judgment without written responses or briefs if no party is prejudiced. A party is prejudiced if he or she is not given a full and fair opportunity to supplement the record and to oppose the motion.

(2) A court granting a motion under subdivision (e)(1) shall state the reasons for its decision in a written opinion or on the record.

End

Plain-English Summary

This rule puts the burden on the non-moving party to come forward. The adverse party may not rest upon the mere allegations or denials of its pleadings, but must file a response within thirty days after service of the motion, identifying one or more issues of fact from the record, or evidence establishing facts the motion says were not produced.

The rule offers relief and carries a penalty. An adverse party may supplement the record or explain why it cannot yet present essential evidence, and the court may rule or permit further discovery. Summary judgment may be entered against a party who does not respond, though the court may also rule on a motion without written responses where it states its reasons.

Frequently Asked Questions

How long do I have to respond to a summary-judgment motion?

Thirty days after service of the motion. The response must point to evidence of record creating a factual dispute or establishing the facts the motion claims were not produced.

What if I don’t respond to a summary-judgment motion?

Summary judgment may be entered against you for failing to respond.

Official Note

Official Note: If the moving party has supported the motion with oral testimony only, the response may raise the defense that there is a genuine issue of material fact because the cause of action is dependent upon the credibility and demeanor of the witnesses who will testify at trial. See Nanty-Glo v. American Surety Co., 309 Pa. 236, 163 A. 523 (1932); Penn Center House, Inc. v. Hoffman, 520 Pa. 171, 553 A.2d 900 (1989).

Official Note: Procedural requirements with respect to argument and briefs are governed by local rule. In certain counties, the failure to respond to a motion may result in the motion being deemed uncontested and the entry of the judgment sought. See Rule 1035.2 providing for the entry of judgment in whole or in part.

Official Note: Subdivision (e) does not abrogate the requirement that a motion for summary judgment be timely filed pursuant to Rule 1035.2 or case management order. If a motion is not timely filed, subdivision (e) provides the court with the discretion as to the manner of proceeding, including whether to consider the motion at all. The court should not consider the motion except in the interests of justice.

Amendment History

The provisions of this Rule 1035.3 adopted February 14, 1996, effective July 1, 1996, 26 Pa.B. 862; amended May 16, 2003, effective September 1, 2003, 33 Pa.B. 2587. Immediately preceding text appears at serial pages (212305) to (212306).

Source & verification. Rule text, the Official Note, and the amendment history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. · Official text

Also known as: response to summary judgmentfailure to respondthirty dayscannot rest on pleadings