N206.4(c) Procedure for Issuance of Rule to Show Cause
(i) A rule to show cause shall be issued as of course pursuant to Pennsylvania
Rule of Civil Procedure 206.6 (a), (b), and local Rule N206.6 (c) — form of order.
(ii) Rules to show cause shall be presented in Motions Court, exempt from the notice requirements contained in N208.3(a), and may be presented ex parte. However, the notice requirement of N208.3(a) shall be met if a stay of proceedings is sought.
(iii) The court may grant a stay of proceedings upon a showing of good cause.
(iv) Upon the issuance of a rule to show cause, the moving party shall list the matter for disposition in accordance with N209 or N211, unless the order of court provides otherwise.
(v) Upon the presentation of a rule to show cause for a petition to open a default judgment, a request for a stay of execution pending disposition shall be granted upon a showing of good cause.
(vi) 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) an evidentiary hearing on disputed issues of material fact shall be held on _____________________________, ________ , at ______ a.m./p.m., in
courtroom No. _____ of the Northampton County Government Center, 669 Washington Street, Easton, Pennsylvania;
(5) notice of the entry of this order shall be provided to all parties by the petitioner and proof of service filed of record.
BY THE COURT:
____________________________J.
EXPLANATORY COMMENT – 2004: Counsel for the moving party should be mindful of local rule N209 relating to the anticipated time required to complete an evidentiary hearing and whether the matter should be scheduled for a miscellaneous hearing list or non-jury trial list.
In certain cases, such as guardianship proceedings, the evidentiary hearing can be held in Motions Court. Counsel should be prepared to advise the court of the suggested forum for the evidentiary hearing and the proposed date and time for the hearing.
EFFECTIVE JUNE 17, 2004