Rule 239.2. Petitions. Rule to Show Cause. Local Rules 206.1(a) and 206.4(c).
(a) If, pursuant to Rule 206.1(a)(2), a court has designated applications which are to proceed under Rule 206.1 et seq., the court must promulgate a local rule, numbered Local Rule 206.1(a), listing those applications.
(b) Every court shall promulgate a local rule, numbered Local Rule 206.4(c), which describes the court’s procedures for the issuance of a rule to show cause.
(c)(1) If a court has by local rule adopted the procedure of Rule 206.6 providing for the issuance of a rule to show cause as of course, Local Rule 206.4(c) shall expressly
(i) state that the rule shall issue as a matter of course pursuant to Rule 206.6, and
(ii) describe the steps that the moving party must take for the rule to issue.
(2) Local Rule 206.4(c) shall also describe the manner by which the court considers a petitioner’s request for a stay of execution pending disposition of a petition to open a default judgment.
(d) If a court follows the procedure of Rule 206.5 under which the issuance of a rule to show cause is discretionary, Local Rule 206.4(c)
(1) shall describe the manner in which the request for the issuance of the rule is scheduled, argued, and decided, and
(2) may impose requirements for the filing of briefs addressing whether a rule to show cause should issue.
(e) In addition to the matters set forth in subdivision (b) or (c), Local Rule 206.4(c) may impose requirements upon the moving party to
(1) transmit the original and/or copies of the petition and related legal papers to a judge or other court personnel, and
(2) notify other parties of the date, time and location of a court proceeding.
Official Note
Local Rule 206.4(c) shall not modify the provisions of Rules 206.1 through 206.2 governing the contents of a petition or answer, Rule 206.3 governing verification, or Rule 206.7 governing the procedure after issuance of a rule to show cause.
Local Rule 206.4(c) shall not alter the form of the order of court required by Rule 206.5(d), which sets forth the dates by which an answer shall be filed and depositions shall be completed, and the date of the final argument. Pursuant to the Note to Rule 206.5(d), the form of the order may be modified to provide for an evidentiary hearing on disputed issues of fact, the use of forms of discovery other than depositions, the filing of briefs, and disposition without oral argument.
Source The provisions of this Rule 239.2 adopted October 24, 2003, effective 9 months after the date of the Order, 33 Pa.B 5506; amended October 15, 2004, effective immediately, 34 Pa.B. 5889. Immediately preceeding text appears at serial pages (304780) and (301329).
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