Rule 227.4. Entry of Judgment upon Praecipe of a Party.

 In addition to the provisions of any Rule of Civil Procedure or Act of Assembly authorizing the prothonotary to enter judgment upon praecipe of a party and except as otherwise provided by Rule 1042.72(e)(3), the prothonotary shall, upon praecipe of a party:

   (1)  enter judgment upon a nonsuit by the court, the verdict of a jury or the decision of a judge following a trial without jury, if

     (a)   no timely post-trial motion is filed; or

     (b)   one or more timely post-trial motions are filed and the court does not enter an order disposing of all motions within one hundred twenty days after the filing of the first motion. A judgment entered pursuant to this subparagraph shall be final as to all parties and all issues and shall not be subject to reconsideration;

   Official Note

   If a motion for delay damages has been filed, judgment may not be entered until that motion is decided or otherwise resolved. See Rule 238(c)(3)(i).

   Rule 1042.72(e)(3) prohibits the entry of judgment in a medical professional liability action if a motion for post-trial relief under Rule 227.1 is pending with respect to the ground that a damage award for noneconomic loss is excessive.

   (2)  enter judgment when a court grants or denies relief but does not itself enter judgment or order the prothonotary to do so.

   Official Note

   See Rule 236 requiring the prothonotary to give notice of the entry of an order or judgment and Rule 237 requiring notice of filing of praecipe for judgment. For illustrative Rules of Civil Procedure specifically authorizing entry of judgment by the prothonotary on praecipe of a party, see Rules 1037, 1659, 3031(a), and 3146.

Source

   The provisions of this Rule 227.4 adopted October 19, 1983, effective January 1, 1984, 13 Pa.B. 3629; amended July 28, 1995, effective January 1, 1996, 25 Pa.B. 3337; amended September 24, 1997, effective January 1, 1998, 27 Pa.B. 5245; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended September 17, 2004, effective December 1, 2004, 34 Pa.B. 5351; amended November 2, 2007, effective January 1, 2008, 37 Pa.B. 6201. Immediately preceding text appears at serial page (306106).



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