Rule 1042.7.Entry of Judgment of Non Pros for Failure to File Certification.

Adopted January 27, 2003 · Last amended June 16, 2008 · Last verified June 30, 2026

In one sentenceRule 1042.7 lets the prothonotary, on the defendant’s praecipe, enter a judgment of non pros against a plaintiff who has not filed a required certificate of merit, provided no necessity or extension motion is pending, notice of intent was served, and at least thirty days have passed.

Full Text of Rule 1042.7

Text sizeJump to: (a) (b)

Form of Praecipe.

(a) The prothonotary, on praecipe of the defendant, shall enter a judgment of non pros against the plaintiff for failure to file a certificate of merit within the required time provided that

(1) there is no pending motion for determination that the filing of a certificate is not required or no pending timely filed motion seeking to extend the time to file the certificate,

(2) no certificate of merit has been filed,

(3) except as provided by Rule 1042.6(b), the defendant has attached to the praecipe a certificate of service of the notice of intention to enter the judgment of non pros, and

(4) except as provided by Rule 1042.6(b), the praecipe is filed no less than thirty days after the date of the filing of the notice of intention to enter the 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 1042.7 To the Prothonotary: Enter judgment of non pros in the above-captioned matter against Identify Party as to

(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 certificate of merit. On the defendant’s praecipe, the prothonotary enters a judgment of non pros against the plaintiff for failure to file a certificate within the required time.

Several conditions must be met. There must be no pending motion to determine that a certificate is unnecessary and no pending timely motion to extend the time; no certificate of merit may have been filed; the defendant must have served and attached a certificate of service of the notice of intention; and the praecipe must be filed no less than thirty days after that notice. The rule prescribes the form of praecipe.

Frequently Asked Questions

How is a malpractice case dismissed for failing to file a certificate of merit?

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, and only if no certificate was filed and no necessity or extension motion is pending.

Official Note

Official Note: The prothonotary may not enter judgment if the certificate of merit 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.

Official Note: Where applicable, a certificate of service of the notice of intention to enter judgment of non pros shall be attached to the praecipe.

Amendment History

The provisions of this Rule 1042.7 adopted January 27, 2003, effective immediately, 33 Pa.B. 748; amended June 16, 2008, effective immediately, 38 Pa.B. 3481. Immediately preceding text appears at serial pages (316386) to (316387).

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: non pros certificate of meritjudgment of non prospraecipe certificate of merit