231 Pa. Code Rule 206.6. Rule to Show Cause. Issuance as of Course. Stay. Form of Order.

Rule 206.6. Rule to Show Cause. Issuance as of Course. Stay. Form of Order.

(a)  A rule to show cause shall be issued as of course upon the filing of the petition. The rule shall direct that an answer be filed to the petition within twenty days after service of the petition on the respondent.
(b)  The court may grant a stay of the proceedings.
(c)  The petitioner shall attach to the petition a proposed order substantially in the following form:
   (CAPTION)

   ORDER

AND NOW, this
day of
,
, 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 twenty days of service upon the respondent;
   (3)  the petition shall be decided under Pa.R.C.P. No. 206.7;
   (4)  depositions shall be completed within
days of this date;
   (5)  argument shall be held on
,
in Courtroom
of the
County Courthouse; and
   (6)  notice of the entry of this order shall be provided to all parties by the petitioner.
   BY THE COURT:

J.

   Official Note
    Paragraphs (4) and (5) are optional in a county adopting the alternative procedure. This accommodates local procedures which do not fix a hearing date until the answer and depositions have been filed. 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
,
in Courtroom
of the
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.

Source

   The provisions of this Rule 206.6 adopted September 8, 1995, effective January 1, 1996, 25 Pa.B. 4092; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial pages (200229) to (200230).

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