Pennsylvania Precise For Judgment Non Pros is a legal document used in Pennsylvania to request a judgment from the court in a civil case in which the defendant has failed to appear and/or respond to the plaintiff's complaint. It is also known as a request for default judgment and is filed with the court clerk. The Precise typically includes the name of the court, the name of the plaintiff, the name of the defendant, the case number, the amount of the damages requested, and a certification that the plaintiff has complied with the statute of limitations. There are two types of Pennsylvania Precise For Judgment Non Pros: Private Precise and Formal Precise. Private Precise is a Precise prepared by the plaintiff, while Formal Precise is a Precise issued by a Court Clerk.
Pennsylvania Praecipe For Judgment Non Pros
Description
Key Concepts & Definitions
Praecipe for Judgment Non Pros is a legal document or request filed in civil court proceedings wherein a plaintiff can be non-suited for failure to prosecute the case or comply with necessary procedural rules. It is often used in cases where the plaintiff has not acted diligently or has inadequately pursued their case, leading to a potential judgment against them without further hearing.
Step-by-Step Guide on How to File a Praecipe for Judgment Non Pros
- Check Local Court Rules: Before proceeding, verify the applicable local court forms and rules in your jurisdiction as they can vary.
- Gather Necessary Information: Compile all relevant case details, including case number, involved parties, and previous court actions.
- Prepare the Praecipe Form: Fill out the required court form, which can generally be found on your local court's website under court forms.
- File the Praecipe: Submit the completed form to the court clerk in the court where the original civil action was filed.
- Notify the Opposing Party: Typically, the rules will require that you serve a copy of the Praecipe on the opposing counsel or party involved in the case.
- Attend Hearings if Required: Some jurisdictions may require a hearing to finalize the judgment non pros, where you must present your reasons for the filing.
Risk Analysis
Filing a praecipe for judgment non pros involves certain legal risks including potential counter-motions by the opposing party. Its critical to ensure all local and state procedural rules are strictly followed to avoid invalidation of the request or further legal complications. Consulting lawyer services experienced in civil action, particularly in family law or juvenile court cases, is advisable.
Case Studies / Real-World Applications
- Family Law: In a contentious custody dispute, one party files a praecipe for judgment non pros after the other party's repeated failure to file required documents, leading to a swift resolution in favor of the compliant party.
- Civil Lawsuits: A business uses the tool in a civil action to expedite a case where the plaintiff failed to proceed, allowing the business to avoid prolonged litigation costs.
Key Takeaways
- Always verify and adhere to local jurisdiction rules when filing court forms.
- Avoid common mistakes such as failure to notify the opposing party or incomplete documentation.
- Consider consulting with legal professionals specialized in lawyer services to manage risks effectively.
Common Mistakes & How to Avoid Them
- Failure to File: Ensure all required documents and filings are completed promptly to avoid your own non pros issue.
- Inadequate Service: Properly serve all necessary parties involved in the case to comply with legal standards and procedural requirements.
How to fill out Pennsylvania Praecipe For Judgment Non Pros?
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FAQ
?judgment of non pros? means a judgment entered by praecipe pursuant to Rule 1037(a) and 1659; Note: When a defendant appeals from a judgment entered in a magisterial district judgecourt, Pa. R.C.P.M.D.J.
Code § 237.5 - Form of Notice of Praecipe to Enter Judgment by Default. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
Code § 237.5 - Form of Notice of Praecipe to Enter Judgment by Default. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
The praecipe simply asks the prothonotary to issue a writ of summons against the defendant. Plaintiffs typically file a praecipe for writ of summons: To commence a lawsuit quickly when the statute of limitations is about to expire on the plaintiff's claims.
Code § 1021.76a - Entry of default judgment. (a) The Board, on motion of the plaintiff, may enter default judgment against the defendant for failure to file within the required time an answer to a complaint that contains a notice to defend.
Commanding a defendant to perform an act or to demonstrate why he or she should not perform that act. Requesting that the court perform some action, such as entering a judgment or setting the date for a trial, and that the clerk of the court issue a writ therefor.
The praecipe simply asks the prothonotary to issue a writ of summons against the defendant. Plaintiffs typically file a praecipe for writ of summons: To commence a lawsuit quickly when the statute of limitations is about to expire on the plaintiff's claims.