Rule 1042.8.Motion to Strike. Defect of Certificate of Merit.

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

In one sentenceWhen the court strikes a claim because the certificate of merit did not comply with the rule, it must give the plaintiff twenty days to file a certificate that cures the defect.

Full Text of Rule 1042.8

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If a court grants a motion to strike a claim for noncompliance with the requirements of Rule 1042.3(b), the court shall grant the plaintiff twenty days to file a certificate of merit which cures the defect.

End

Plain-English Summary

This rule softens the consequence of a defective certificate of merit. If the court grants a motion to strike a professional-liability claim for failing to meet the certificate-of-merit requirement, the plaintiff is not put out of court at once: the court must allow twenty days to file a corrected certificate that cures the defect.

The chance to fix a technical shortfall keeps a meritorious claim from being lost over a curable paperwork error, while still enforcing the certificate requirement.

Frequently Asked Questions

What happens if a certificate of merit is defective?

If the court strikes the claim for noncompliance, it grants the plaintiff twenty days to file a conforming certificate of merit.

Amendment History

The provisions of this Rule 1042.8 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: motion to strike certificate of meritdefective certificate of merit