Rule 1042.12.Entry of Judgment of Non Pros for Failure to File a Written Statement from an Appropriate Licensed Professional. Form of Praecipe.

Adopted March 20, 2013 · Not amended since adoption · Last verified June 30, 2026

In one sentenceRule 1042.12 lets the prothonotary, on the defendant’s praecipe, enter a judgment of non pros for the plaintiff’s failure to file a required written statement from an appropriate licensed professional, provided notice of intent was served and at least thirty days have passed.

Full Text of Rule 1042.12

Text sizeJump to: (a) (b)

(a) The prothonotary, on praecipe of the defendant, shall enter a judgment of non pros against the plaintiff for failure to file a written statement under Rule 1042.3(e) provided that

(1) no written statement has been filed,

(2) the defendant has attached to the praecipe a certificate of service of the notice of intention to enter the judgment of non pros, and

(3) the praecipe is filed no less than thirty days after the date of the filing of the notice of intention to enter judgment of non pros.

(b) The praecipe for the entry of a judgment of non pros shall be substantially in the following form: (Caption) Praecipe for Entry of Judgment of Non Pros Pursuant to Rule 1042.12 To the Prothonotary: Enter judgment of non pros in the above-captioned matter against as to (Identify Party)

(1) all claims against . (Identify Party) OR

(2) only the following claims against : (Identify Party) Identify Claims Date: Attorney for (Identify Party)

End

Plain-English Summary

This rule is the dismissal mechanism for a missing written statement. On the defendant’s praecipe, the prothonotary enters a judgment of non pros against the plaintiff for failure to file the written statement, where no written statement has been filed, the defendant has attached a certificate of service of the notice of intention, and the praecipe is filed no less than thirty days after that notice. The rule prescribes the form of praecipe.

Frequently Asked Questions

How is a claim dismissed for failing to file the written statement?

The defendant files a praecipe, and the prothonotary enters a judgment of non pros — but only after notice of intention was served and at least thirty days have passed.

Official Note

Official Note: The prothonotary may not enter judgment if the written statement has been filed prior to the filing of the praecipe. Rule 237.1 does not apply to a judgment of non pros entered under this rule. See Rule 208.2(a)(4) for the content of the certificate of service.

Amendment History

The provisions of this Rule 1042.12 adopted March 20, 2013, effective May 1, 2013, 43 Pa.B. 1835.

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. This rule has not been amended since its adoption. Last verified June 30, 2026. · Official text

Also known as: non pros written statementpraecipe written statement