Rule 237.1.Notice of Praecipe for Entry of Judgment of Non Pros for Failure to File Complaint or by Default for Failure to Plead.

Adopted December 14, 1979 · Last amended November 3, 2023 · Last verified June 30, 2026

In one sentenceRule 237.1 requires a party to give at least ten days’ written notice of intention to file a praecipe before the prothonotary on praecipe must enter a judgment of non pros for failure to file a complaint or a default judgment for failure to plead, a safeguard against entry of those judgments by surprise.

Full Text of Rule 237.1

Text sizeJump to: (a) (b)

(a) As used in this rule, ‘‘judgment of non pros’’ means a judgment entered by praecipe pursuant to Rules 1037(a) and 1659; ‘‘judgment by default’’ means a judgment entered by praecipe pursuant to Rules 1037(b), 1511(a), 3031(a) and 3146(a).

(2) No judgment of non pros for failure to file a complaint or by default for failure to plead shall be entered by the prothonotary unless the praecipe for entry includes a certification that a written notice of intention to file the praecipe was mailed or delivered:

(i) in the case of a judgment of non pros, after the failure to file a complaint and at least ten days prior to the date of the filing of the praecipe to the party’s attorney of record or to the party if unrepresented, or

(ii) in the case of a judgment by default, after the failure to plead to a complaint and at least ten days prior to the date of the filing of the praecipe to the party against whom judgment is to be entered and to the party’s attorney of record, if any. The ten-day notice period in subdivision (a)(2)(i) and (a)(2)(ii) shall be calculated forward from the date of the mailing or delivery, in accordance with Pa.R.J.A. 107.

(3) A copy of the notice shall be attached to the praecipe.

(4) The notice and certification required by this rule may not be waived.

(b) This rule does not apply to a judgment entered

(1) by an order of court,

(2) upon praecipe pursuant to an order of court, or

(3) pursuant to a rule to show cause.

End

Plain-English Summary

This rule is the central protection against default. Before a party can take a judgment of non pros for the opposing party’s failure to file a complaint, or a default judgment for failure to plead, the party must give written notice of intention to file the praecipe.

The notice is mandatory and timed. It must be served at least ten days before the praecipe is filed, in the form the rule prescribes, and the prothonotary may not enter the judgment without a certification that the notice was given. The rule does not apply to judgments entered by court order, by praecipe under a court order, or under a rule to show cause.

Frequently Asked Questions

Do I get warning before a default judgment is entered against me?

Yes. The opposing party must give at least ten days’ written notice of intention to file the praecipe before the prothonotary on praecipe must enter a judgment of non pros for failure to file a complaint or a default judgment for failure to plead.

Does the ten-day notice apply to every default?

No. It does not apply to a judgment entered by court order, by praecipe pursuant to a court order, or under a rule to show cause.

Official Note

Official Note: When a defendant appeals from a judgment entered in a magisterial district court, Pa.R.C.P.M.D.J. 1004(b) authorizes the appellant to file a praecipe for a rule as of course upon the appellee to file a complaint or suffer entry of a judgment of non pros. The entry of the judgment of non pros is governed by Pa.R.C.P. No. 1037(a) and is subject to this rule.

Official Note: The final sentence of Rule 237.1(a)(2) alters the practice described in the decision of Williams v. Wade, 704 A.2d 132 (Pa. Super. 1997).

Official Note: A certification of notice is a prerequisite in all cases to the entry by praecipe of a judgment of non pros for failure to file a complaint or by default for failure to plead to a complaint. Once the ten-day notice has been given, no further notice is required by the rule even if the time to file the complaint or to plead to the complaint has been extended by agreement. See Rule 237.4 for the form of the notice of intention to enter a judgment of non pros and Rule 237.5 for the form of the notice of intention to enter a judgment by default.

Official Note: See Rule 3284 which requires that in proceedings to fix fair market value of real property sold, notice must be given pursuant to the requirements of Rule 237.1 et seq.

Amendment History

The provisions of this Rule 237.1 adopted December 14, 1979, effective February 1, 1980, 10 Pa.B. 9; amended December 2, 1994, effective July 1, 1995, 24 Pa.B. 6259; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended July 23, 2002, effective immediately, 32 Pa.B. 3884; amended May 19, 2005, effective immediately, 35 Pa.B. 3289; amended December 2, 2009, effective January 4, 2010, 40 Pa.B. 19; amended November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (347560).

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: ten day noticenotice of intention to enter judgmentdefault judgment noticenon pros noticepraecipe to enter default