Rule 3051. Relief from Judgment of Non Pros.

 (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)  If the relief sought includes the opening of the judgment, the petition shall allege facts showing that

   Official Note

   See Rule 2373 for special provisions relating to relief from a judgment of non pros entered pursuant to Rule 1037(a).

   (1)  the petition is timely filed,

   (2)  there is a reasonable explanation or legitimate excuse for the inactivity or delay, and

   (3)  there is a meritorious cause of action.

Source

   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. Immediately preceding text appears at serial pages (190630) to (190631).


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