Rule Text
(a) As used in this chapter, ‘‘petition’’ means
(1) an application to strike and/or open a default judgment or a judgment of non pros, and
(2) any other application which is designated by local rule, numbered Local Rule 206.1(a), to be governed by Rule 206.1 et seq.
(b) A petition shall specify the relief sought and state the material facts which constitute the grounds therefor. All grounds for relief, whether to strike or open a default judgment, shall be asserted in a single petition.
(c) A petition shall be divided into paragraphs numbered consecutively. Each paragraph shall contain as far as practicable only one material allegation.
Amendment history: The provisions of this Rule 206.1 adopted September 8, 1995, effective January 1, 1996, 25 Pa.B. 4092; amended October 24, 2003, effective 9 months after the date of the Order, 33 Pa.B. 5506; amended November 2, 2005, effective immediately, 35 Pa.B. 6318; amended October 21, 2013, effective November 21, 2013, 43 Pa.B. 6648; amended June 28, 2016, effective August 1, 2016, 46 Pa.B. 3797. Immediately preceding text appears at serial pages (369602) to (369603).
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
A "petition" under this rule is a formal written request asking the court to throw out or reopen a judgment that was entered against you because you missed a deadline or failed to respond to a lawsuit. Some courts may also use this process for other types of requests based on their local rules.
When you write a petition, you must clearly state what you want the court to do and explain the facts that support your request. If you want to challenge a default judgment, you must include all of your reasons in one single document. You cannot split your arguments across multiple filings.
The petition must be organized into numbered paragraphs, and each paragraph should cover only one point or fact. This format makes it easier for the court and the other party to understand exactly what you are claiming.
Committee Notes
A petition for relief from a judgment by confession is governed by Rule 2959.
Motions are governed by Rule 208.1 et seq.
Rule 206.1(a)(2) authorizes each court of common pleas to designate applications which are to proceed in the manner of a petition under Rule 206.1 et seq. Rule 239.2(a) requires each court which has made that designation to promulgate a local rule, numbered Local Rule 206.1(a), listing the applications to be determined pursuant to Rule 206.1 et seq.
Petitions are subject to Rule 440 governing service of legal papers other than original process, Rule 1023.1 governing the signing of documents, and Rule 1025 governing the endorsement of legal papers. Any requirements of a court relating to the format of a petition and cover sheet must be set forth in local rules numbered Local Rule 205.2(a) and Local Rule 205.2(b).
