L206.4(c)

Chapter II

BUSINESS OF COURTS

Rule L206.4(C) RULE TO SHOW CAUSE. DISCRETIONARY.
(1) A rule to show cause shall be issued at the discretion of a judge of the Court as contemplated by Pa.R.C.P. 206.5. The Court, upon its own initiative, may schedule an evidentiary hearing on disputed issues of material fact, or, set forth in the Order a time period for completing disposition or other appropriate discovery, and the scheduling of oral argument. The Court may, in its discretion, provide for disposition of the manner on briefs, without the necessity of oral argument. In such instances, the Court shall establish a briefing schedule in its initial order.

(2) The party obtaining the issuance of a rule to show cause shall forthwith serve a true and correct copy of the court order entering the rule and specifying a return date, along with a copy of the underlying petition, upon each attorney of record and unrepresented party in the matter prescribed by Pa.R.C.P. 440. An affidavit of service shall be filed within five (5) days from the date of the order setting the rule with the Prothonotary.

(3) If no answer is filed on or before the return date, the moving party may file a motion to make the rule absolute. A motion to make the rule absolute shall evidence compliance with the service requirements of Pa.R.C.P. 440 setting forth the time, place and nature of service, no rule shall be made absolute without certification that the petition and rule to show cause have been served in compliance with Pa.R.C.P. 440. Counsel or the moving party shall make such certification under oath or in conformance with Pennsylvania Rules of Civil Procedure.

(4) Failure to comply with any provision of this rule may constitute sufficient grounds for the Court to dismiss the petition and/or deny any requested relief.