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

May 14, 2021 | Civil Procedure, Pennsylvania

(a) Rescinded.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

___

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

___

days of this date;

(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.

231 Pa. Code ยง 206.5