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.
Adopted June 16, 2008 · Last amended March 20, 2013 · Last verified June 30, 2026
In one sentenceRule 1042.6 requires a defendant seeking a judgment of non pros for a missing certificate of merit to first file a written notice of intention to enter the judgment, except where an extension was denied or has expired, and lets the plaintiff move for a determination that no certificate is required.
(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.
(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 Merit To: (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)
End
Plain-English Summary
This rule adds a warning step before dismissal. A defendant seeking to enter a judgment of non pros under Rule 1042.7 for failure to file a certificate of merit must first file a written notice of intention to do so.
There are exceptions and a response. No notice is required where the court has denied a motion to extend the time, or granted one and the plaintiff still failed to file within the extended time. On receiving the notice, the plaintiff may file a motion asking the court to determine whether a certificate is necessary, and the rule prescribes the form of notice.
Frequently Asked Questions
Does a plaintiff get warning before a malpractice case is dismissed for a missing certificate?
Yes. The defendant must first file a written notice of intention to enter a judgment of non pros, unless an extension was denied or has expired. The plaintiff may then move for a determination that no certificate is required.
Official Note
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.
Amendment History
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).
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:notice of intent non pros certificate of meritmotion to determine necessity