Section 206.5. Rule to Show Cause. Discretionary Issuance. Stay. Form of Order. Rule Inapplicable to Petition to Strike Default Judgment

(a) Rescinded.

(b) A petitioner seeking the issuance of a rule to show cause shall attach to the petition a proposed order in the form prescribed by subdivision (d) and give notice to all other parties of the intention to request the court to issue the rule.

(c) If the petition is within the scope of Rule 206.1(a), is properly pleaded, and states prima facie grounds for relief, the court shall enter an order issuing a rule to show cause and may grant a stay of the proceedings.

(d) The form of order required by subdivision (b) shall be substantially in the following form:

(CAPTION)

ORDER

AND NOW, this

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day of

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,

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, upon consideration of the foregoing petition, it is hereby ordered that

(1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested;

(2) the respondent shall file an answer to the petition within

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days of this date;

(3) the petition shall be decided under Pa.R.C.P. No. 206.7;

(4) depositions shall be completed within

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days of this date;

(5) argument shall be held on

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,

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in Courtroom

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of the

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County Courthouse; and

(6) notice of the entry of this order shall be provided to all parties by the petitioner.

BY THE COURT:

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J.

Official Note

In counties in which an evidentiary hearing is held, the order should be modified by deleting paragraphs (4) and (5) and substituting new paragraph (4) to read as follows:

(4) an evidentiary hearing on disputed issues of material fact shall be held on

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,

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in Courtroom

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of the

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County Courthouse.

The court may provide in the order for disposition upon briefs rather than oral argument.

The court has inherent power to permit forms of discovery other than depositions.

The court may provide in the order for the filing of briefs.

(e) A judgment shall be striken without the issuance of a rule to show cause when there is a defect on the face of the record that constitutes a ground for striking a default judgment.

The provisions of this Rule 206.5 adopted September 8, 1995, effective January 1, 1996, 25 Pa.B. 4092; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended October 24, 2003, effective 9 months from the date of the Order, 33 Pa.B. 5506; amended March 27, 2006, effective immediately, 36 Pa.B. 1745; amended October 21, 2013, effective November 21, 2013, 43 Pa.B. 6648. Immediately preceding text appears at serial pages (318373) to (318374).