§ 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.

(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.

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.