Adopted January 27, 2003 · Last amended June 16, 2008 · Last verified June 30, 2026
In one sentenceRule 1042.9 lets a defendant who was dismissed from a case after a certificate of merit was filed obtain the underlying written statement, and lets the court impose sanctions, including those of Rule 1023.4, where an attorney certified an expert basis without one.
(a)If a plaintiff has filed a certificate of merit as to a particular defendant and that defendant is dismissed from the case through voluntary dismissal, verdict or order of court, the plaintiff, within thirty days of the written request of that defendant, shall provide him or her with the written statement obtained from the licensed professional upon which the certificate of merit as to that defendant was based. If a plaintiff’s claims against other licensed professionals are still pending, the written statement shall be produced within thirty days of resolution of all claims against the other licensed professionals.
(b)A court may impose appropriate sanctions, including sanctions provided for in Rule 1023.4, if the court determines that an attorney violated Rule 1042.3(a)(1) and (2) by improperly certifying that an appropriate licensed professional has supplied a written statement that there exists a reasonable probability that the care, skill or knowledge experienced or exhibited in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm.
End
Plain-English Summary
This rule backstops the certificate of merit against abuse. Where a plaintiff filed a certificate of merit as to a defendant who is later dismissed — by voluntary dismissal, verdict, or otherwise — that defendant may obtain the written statement that supported the certificate.
Misuse carries consequences. The court may impose appropriate sanctions, including those provided in Rule 1023.4, if it determines that an attorney certified the existence of a supporting written statement without a basis for doing so.
Frequently Asked Questions
Can a professional sanction a baseless certificate of merit?
Yes. A dismissed defendant may obtain the supporting written statement, and the court may impose sanctions, including under Rule 1023.4, if an attorney certified an expert basis that did not exist.
Official Note
Official Note:Rule 4003.5 governs the discovery of expert testimony, including the written statements of licensed professionals furnished prior to the filing of a certificate of merit, until a defendant has been dismissed from the case.
Amendment History
The provisions of this Rule 1042.8 adopted January 27, 2003, effective immediately, 33 Pa.B. 748; amended June 16, 2008, effective immediately, 38 Pa.B. 3481; renumbered Rule 1042.9 March 20, 2013, effective May 1, 2013, 43 Pa.B. 1835. Immediately preceding text appears at serial pages (335367) to (335368).
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:sanctions certificate of meritwritten statement