Blair Cnty. C.P. Local Rules - Civil Rule 206.4(c)

(1) We hereby adopt Pa. R. Civ. P. 206.5 as local procedure for rules to show cause.

(2) A petitioner seeking the issuance of a rule to show cause shall attach to the petition a

proposed order in the form prescribed in subdivision (6) and give notice to all other parties of

the intention to request the court to issue the rule.

(3) If the petition is within the scope of Pa.R.Civ.P. 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 proceedings.

(4) Argument/hearing shall be scheduled in front of the judge to whom the case is assigned for a

date certain after the deadline for filing the answer. It is within the discretion of the presiding

judge to determine whether the matter can be decided on briefs alone.

(5) Briefs addressing whether a rule to show cause should issue shall be filed according to the

briefing schedule ordered by the presiding judge at the conclusion of the evidentiary hearing. If

the Court declines to hold an evidentiary hearing, the Court shall provide a briefing schedule in

the order issuing the rule.

(6) The form of order required by subdivision (2) shall be substantially in the following form:

IN THE COURT OF COMMON PLEAS OF BLAIR COUNTY, PENNSYLVANIA

CIVIL DIVISION

vs. DOCKET NO.

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 (20) days of this date;

(3) the petition shall be decided under Pa. R. Civ. P. No. 206.7.

(4) an evidentiary hearing/oral argument on disputed issues of material fact shall be held on the

______ day of __________, ______ in Courtroom ______ of the Blair County Courthouse.

(5) notice of entry of this order shall be provided to all parties by the petitioner.

BY THE COURT:

___________________J.