Rule 1098.Peremptory Judgment.

Adopted June 25, 1946 · Last amended July 28, 1995 · Last verified June 30, 2026

In one sentenceRule 1098 lets the court enter a peremptory judgment in mandamus at any time after the complaint is filed if the plaintiff's right to relief is clear, generally on prior notice to the parties.

Full Text of Rule 1098

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At any time after the filing of the complaint, the court may enter judgment if the right of the plaintiff thereto is clear. Judgment shall not be entered without prior notice to all parties unless the exigency of the case is such as to require action before notice, in which event notice shall be given as soon as possible.

End

Plain-English Summary

Because mandamus turns on a clear legal duty, the rule offers a fast track. At any time after the complaint is filed, the court may enter a peremptory judgment if the plaintiff's right is clear. Notice to the parties comes first, unless the urgency of the case requires the court to act before notice can be given.

Frequently Asked Questions

What is a peremptory judgment in mandamus?

A judgment the court may enter, even early in the case, when the plaintiff's right to relief is clear.

Is notice required first?

Generally yes, unless the exigency of the case requires action before notice can be given.

Official Note

Official Note: The practice of filing a petition to open a peremptory judgment as a prerequisite to an appeal has been discontinued. Pennsylvania Rule of Appellate Procedure 311(a)(5) provides that an appeal may be taken as of right from a peremptory judgment in mandamus.

Amendment History

The provisions of this Rule 1098 adopted June 25, 1946, effective January 1, 1947; amended November 19, 1974, 4 Pa.B. 2449; amended March 11, 1991, effective July 1, 1991, 21 Pa.B. 1274; amended July 28, 1995, effective January 1, 1996, 25 Pa.B. 3337. Immediately preceding text appears at serial pages (157225) to (157226).

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: peremptory judgment mandamusclear right to relieffast mandamus judgment