Rule 218.Party not Ready When Case is Called for Trial.
Last amended July 30, 1998 · Last verified June 30, 2026
Full Text of Rule 218
Plain-English Summary
This rule penalizes a party who is not ready when the case is reached. If a plaintiff is not ready without satisfactory excuse, the court may enter a nonsuit on the defendant’s motion or a non pros on its own motion.
For an unready defendant, the plaintiff may proceed to trial; if the case is an appeal from compulsory arbitration, the plaintiff may instead ask the court to dismiss the appeal and reinstate the arbitration award. A party who fails to appear for trial is deemed not ready without satisfactory excuse.
Frequently Asked Questions
What happens if the plaintiff is not ready for trial?
Without a satisfactory excuse, the court may enter a nonsuit on the defendant’s motion or a non pros on its own motion.
What if a party just does not show up for trial?
A party who fails to appear is deemed to be not ready without satisfactory excuse, which exposes a plaintiff to nonsuit or non pros and lets the plaintiff proceed against an absent defendant.
Official Note
Official Note: See Rule 1007.1(c)(2) for withdrawal of demand for trial by jury when a party who has filed a demand therefor fails to appear or is not ready.
Official Note: The mere failure to appear for trial is a ground for the entry of a nonsuit or a judgment of nonpros or the reinstatement of a compulsory arbitration award. A nonsuit is subject to the filing of a motion under Rule 227.1(a)(3) for post-trial relief to remove the nonsuit and a judgment of non pros is subject to the filing of a petition under Rule 3051 for relief from a judgment of non pros. A decision of the court following a trial at which the defendant failed to appear is subject to the filing of a motion for post-trial relief which may include a request for a new trial on the ground of a satisfactory excuse for the defendant’s failure to appear.
Amendment History
The provisions of this Rule 218 amended April 23, 1985, effective July 1, 1985, 15 Pa.B. 1727; amended April 4, 1990, effective July 1, 1990, 20 Pa.B. 2279; amended March 1, 1993, effective July 1, 1993, 23 Pa.B. 1300; amended July 30, 1998, effective January 1, 1999, 28 Pa.B. 3930. Immediately preceding text appears at serial page (200238).