Rule 1037.Judgment Upon Default or Admission. Assessment of Damages.

Last amended December 16, 2003 · Last verified June 30, 2026

In one sentenceRule 1037 governs default and other non-merits judgments, letting a defendant praecipe a rule for the plaintiff to file a complaint, letting the prothonotary enter a default judgment against a defendant who fails to plead to a complaint requiring a response, and letting the court enter judgment on default or admission and assess damages.

Full Text of Rule 1037

Text sizeJump to: (a) (b) (c) (d)

(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.

(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.

(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.

End

Plain-English Summary

This rule supplies several ways a case ends without a trial on the merits. If the action was not commenced by a complaint, the defendant may praecipe a rule directing the plaintiff to file one, and a non pros follows if the plaintiff does not.

The default judgment is the centerpiece. On the plaintiff’s praecipe, the prothonotary enters judgment against a defendant who fails, within the required time, to file a pleading to a complaint that requires a response (the notice-to-defend and Rule 237.1 notice requirements apply). The court may enter an appropriate judgment on any default or admission, and may take testimony to assess damages or, in equity, enter an appropriate order.

Frequently Asked Questions

How is a default judgment entered in Pennsylvania?

On the plaintiff’s praecipe, the prothonotary enters judgment against a defendant who fails to file a timely pleading to a complaint that required a response. The Rule 237.1 ten-day notice of intent to take the default must first be given.

What if the case was started by a writ of summons?

The defendant may praecipe a rule directing the plaintiff to file a complaint; if the plaintiff fails to do so, a judgment of non pros may follow.

Official Note

Official Note: 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.

Official Note: 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).

Official Note: By Definition Rule 76, registered mail includes certified mail.

Official Note: For the form of notice to defend, see Rule 1018.1.

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).

Source & verification. Rule text, the Official Note, and the amendment history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. · Official text

Also known as: default judgmentjudgment upon default or admissionassessment of damagesrule to file a complaint