Fayette Cnty. C.P. Local Rules and Administrative Orders - Amended March 12,... Rule 206.4(c)

(1) Fayette County hereby adopts Pa.R.C.P 206.5 as the procedure

governing Rules to Show Cause. The issuance of Rules to show Cause will be

discretionary with the Court upon presentation of a petition seeking the same.

(i) A petition for a Rule shall be presented to the assigned judge as a

Priority Motion in accordance with FCR 208.3(a).

(A) Those petitions which show no merit on their face or which can

be determined by a short presentation by the respective attorneys in

Motions Court will be disposed of without a formal fact finding procedure.

(B) If it appears to the Court that formal fact finding is necessary to

the disposition of the Rule, the Court will set a date for argument

subsequent to the filing of an Answer and the taking of any necessary

discovery.

(ii) In the event that the Court grants the Rule to Show Cause, an order

to that effect will be issued in accordance with Pa. R.C.P. 206.5, setting forth the

time mandates for the Respondent’s Answer and any depositions required prior

to argument.

(A) Said order will also indicate the date set for argument on the

matter.

(B) The Petitioner for the Rule must provide notice of the entry of

this order to all parties within seven (7) business days of the entry thereof.

(iii) A request for a stay of execution pending disposition of a petition

to open may be ordered upon presentation of said petition.

NOTE: Adopted June 29, 2004, effective July 26, 2004.