Rule 3051.Relief from Judgment of Non Pros.

Adopted November 19, 1991 · Last amended April 5, 2013 · Last verified June 30, 2026

In one sentenceRelief from a judgment of non pros is sought by petition, with all grounds raised together, and subdivision (c) sets the showing required to open a non pros entered for inactivity.

Full Text of Rule 3051

Text sizeJump to: (a) (b) (c)

(a) Relief from a judgment of non pros shall be sought by petition. All grounds for relief, whether to strike off the judgment or to open it, must be asserted in a single petition.

(b) Except as provided in subdivision (c), if the relief sought includes the opening of the judgment, the petition shall allege facts showing that

(1) the petition is timely filed,

(2) there is a reasonable explanation or legitimate excuse for the conduct that gave rise to the entry of judgement of non pros, and

(3) there is a meritorious cause of action.

(c) If the relief sought includes the opening of the judgment of non pros for inactivity, the petition shall allege facts showing that

(1) the petition is timely filed,

(2) there is a meritorious cause of action, and

(3) the record of the proceedings granting the judgment of non pros does not support a finding that the following requirements for entry of a judgment of non pros for inactivity have been satisfied:

(i) there has been a lack of due diligence on the part of the plaintiff for failure to proceed with reasonable promptitude,

(ii) the plaintiff has failed to show a compelling reason for the delay, and

(iii) the delay has caused actual prejudice to the defendant.

End

Plain-English Summary

A judgment of non pros ends a case for the plaintiff's failure to proceed. This rule is how a plaintiff seeks relief: by a single petition raising every ground. To open an ordinary non pros, the petition must show timely filing, a reasonable excuse for the delay, and a meritorious cause of action. A separate subdivision governs a non pros entered for inactivity, which is opened on a different showing tied to whether the requirements for that kind of dismissal were met.

Frequently Asked Questions

How does a plaintiff seek relief from a non pros?

By petition to strike off or open the judgment, asserting all grounds in a single petition.

What must a petition to open a non pros show?

Generally, that it is timely filed, that there is a reasonable excuse for the conduct that led to the judgment, and that there is a meritorious cause of action; a different showing applies to a non pros entered for inactivity.

Official Note

Official Note: See Rule 237.3 for special provisions relating to relief from a judgment of non pros entered pursuant to Rule 1037(a).

Official Note: The ‘‘inactivity’’ covered by this subdivision is governed by and subject to Jacobs v. Halloran, 551 Pa. 350, 710 A.2d 1098 (1998).

Amendment History

The provisions of this Rule 3051 adopted November 19, 1991, effective January 1, 1992, 21 Pa.B. 5638; amended December 2, 1994, effective July 1, 1995, 24 Pa.B. 6259; amended April 5, 2013, effective May 5, 2013, 43 Pa.B. 2136. Immediately preceding text appears at serial pages (363545) to (363546).

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: relief from judgment of non prosopen strike non pros