Rule Text
(a) If an action is not commenced by a complaint, the prothonotary, upon praecipe of the defendant, shall enter a rule upon the plaintiff to file a complaint. If a complaint is not filed within twenty days after service of the rule, the prothonotary, upon praecipe of the defendant, shall enter a judgment of non pros.
(b) The prothonotary, on praecipe of the plaintiff, shall enter judgment against the defendant for failure to file within the required time a pleading to a complaint which contains a notice to defend or, except as provided by subdivision (d), for any relief admitted to be due by the defendant’s pleadings.
(c) In all cases, the court, on motion of a party, may enter an appropriate judgment against a party upon default or admission.
(d) In all cases in which equitable relief is sought, the court shall enter an appropriate order upon the judgment of default or admission and may take testimony to assist in its decision and in framing the order.
Amendment history: The provisions of this Rule 1037 amended through December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3213; amended December 2, 1994, effective July 1, 1995, 24 Pa.B. 6259; amended April 12, 1999, effective July 12, 1999, 29 Pa.B. 2266; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial pages (296716) to (296717).
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
When a lawsuit begins, both sides have deadlines to file paperwork. If the person who filed the lawsuit (the plaintiff) does not file a formal complaint when required, the defendant can ask the court clerk to give the plaintiff 20 days to file one. If the plaintiff still does not file, the clerk can close the case against the plaintiff.
The same idea works the other way. If the defendant does not respond to a complaint on time, the plaintiff can ask the court clerk to enter a default judgment. This means the plaintiff wins automatically because the defendant did not respond. A default judgment can also be entered if the defendant's own paperwork admits that some relief or payment is owed.
A judge can also step in and enter a judgment against either side when that side fails to respond or admits to something in their filings. When the case involves asking the court for something other than money, like stopping someone from doing something, the judge decides what the right outcome should be. The judge can also hear testimony before making that decision.
Committee Notes
JUDGMENT UPON DEFAULT OR ADMISSION
The Order of the Supreme Court, June 25, 1946, adopting the Rules of Civil Procedure governing Actions at Law, fixed Jan. 1, 1947, as the effective date and made said Rules applicable to actions pending at that time.
See Rule 237.1(a)(2) which requires the praecipe for judgment of non pros to contain a certification of written notice of intent to file the praecipe.
See Rule 237.1 which requires the praecipe for default judgment to contain a certification of written notice of intent to file the praecipe.
While the prothonotary may enter a default judgment in an action legal or equitable, only the court may grant equitable relief. See subdivision (d).
(1) The prothonotary shall assess damages for the amount to which the plaintiff is entitled if it is a sum certain or which can be made certain by computation, but if it is not, the damages shall be assessed at a trial at which the issues shall be limited to the amount of the damages.
(2) In all actions in which the only damages to be assessed are the cost of repairs made to property
(i) the prothonotary on praecipe of the plaintiff, waiving any other damages under the judgment, and the filing of the affidavits provided by subparagraphs (ii) and (iii) shall assess damages for the cost of the repairs;
(ii) the praecipe shall be accompanied by an affidavit of the person making the repairs; the affidavit shall contain an itemized repair bill setting forth the charges for labor and material used in the repair of the property; it shall also state the qualifications of the person who made or supervised the repairs, that the repairs were necessary, and that the prices for labor and material were fair and reasonable and those customarily charged;
(iii) the plaintiff shall send a copy of the affidavit and repair bill to the defendant by registered mail directed to the defendant’s last known address, together with a notice setting forth the date of the intended assessment of damages, which shall not be less than ten days from the mailing of the notice and a statement that damages will be assessed in the amount of the repair bill unless prior to the date of assessment the defendant by written praecipe files with the prothonotary a request for trial on the issue of such damages; an affidavit of mailing of notice shall be filed.
By Definition Rule 76, registered mail includes certified mail.
For the form of notice to defend, see Rule 1018.1.
