Luzerne Cnty. C.P. Local Rules Rule 206.4(c)

A. Procedure for Issuance of Rule to Show Cause - Issuance as of Course.

(a) With the exception of those matters governed by subsections (B) and (D) of this Local

Rule, a party seeking a rule to show cause shall present the same along with the underlying

motion/petition, a comprehensive brief in support, and a proposed order, to the Office of Court

Administration. All proceedings concerning the appointment of an arbitrator for claims arising

under the underinsured or uninsured motorist provisions of an automobile insurance policy are

subject to this Rule.

(b) There is no requirement to present a rule to show cause under this subsection to

Motions Court, except matters governed by subsection (B) of this Rule.

(c) The District Court Administrator shall assign a return date for the rule to show cause,

no less than twenty (20) days thereafter, in accordance with internal operating procedures of the

court and issue the rule to show cause. However, a rule to show cause issued upon a petition for

appointment of an arbitrator shall be returnable in no less than thirty (30) days.

(d) Upon issuance of the rule to show cause, the moving party shall follow the procedures

outlined in subsection (C) of this Local Rule.

(e) The Office of Court Administration, by and through the District Court Administrator, is

hereby authorized to sign and schedule rules to show cause subject to this subsection as part of

its administrative duties and this action shall carry the same force and effect as if it were directly

ordered by the court.

B. Procedure for Issuance of Rule to Show Cause - Discretionary Issuance. (Immediate

Relief/Stay)

(a) Where the moving party is seeking immediate relief in addition to the issuance of the

rule to show cause and/or where the relief requested has the effect of a stay of proceedings

pending the resolution of the matter subject to the rule to show cause, a party seeking the same

shall present the rule to show cause along with the underlying motion/petition, a comprehensive

brief in support, and a proposed order, to Motions Court for consideration. When appropriate in

the context of the proceedings, notice shall be given to the other party.

Motions Court is held Monday through Friday 8:30 to 9:15 A.M., with the exception of

legal holidays.

(b) If the Motions Court Judge issues the rule to show cause, the moving party shall:

Present a time-stamped copy of the executed rule to show cause, underlying

motion/petition, a comprehensive brief in support, and a proposed order to the District Court

Administrator, who shall assign a return date for the rule to show cause no less than twenty (20)

days thereafter in accordance with internal operating procedures of the court.

(c) Upon issuance of the rule to show cause, the moving party shall follow the procedures

outlined in subsection C of this Local Rule.

C. Procedure Upon the Issuance of a Rule to Show Cause – Miscellaneous Court

(a) Once a rule to show cause has been issued and a return date has been assigned, the

moving party shall file the executed rule to show cause indicating the assigned return date, the

underlying motion/petition, a comprehensive brief in support, a proposed order, and certificate

of service with the Clerk of Judicial Records and shall, within three (3) days, serve a time-stamped copy of the aforementioned upon all opposing parties, and deliver a copy to the Office of

Court Administration.

(b) Within fifteen (15) days of service of the rule to show cause, the underlying

motion/petition, a comprehensive brief in support, and a proposed order, the opposing party

must file an answer, comprehensive brief, and certificate of service with the Clerk of Judicial

Records and, within three (3) days, serve the same upon all parties and the Office of Court

Administration.

(c)(1) If the moving party fails to file a comprehensive brief in support, as required by this

Rule, the opposing party may present a motion to dismiss to Motions Court for dismissal of the

matter.

(2) Service shall be made immediately after filing by delivering, mailing, or emailing to all

parties.

(d) Proof of service shall be filed and shall be by written acknowledgement of service, by

affidavit of the person making service, or by certification of counsel.

D. Procedure Upon the Issuance of a Rule to Show Cause - Individually Assigned Cases

(a) From the point at which a case has been individually assigned, any rule to show cause,

together with the underlying motion/petition, a comprehensive brief in support, and a proposed

order should be directed to the assigned Judge for scheduling a hearing date.

(b) Once the court signs the rule to show cause, the movant shall, within three (3) days,

serve a time-stamped copy and certificate of service on all parties.

(c) Within fifteen (15) days of service of the rule to show cause, the underlying

motion/petition, a comprehensive brief in support, a proposed order, and certificate of service,

the opposing party must file an answer and comprehensive brief with the Clerk of Judicial

Records, and, within three (3) days, serve all parties and the assigned Judge.

(d) If the moving party fails to file a comprehensive brief in support, as required by this

Rule, the opposing attorney may present a motion to dismiss on that basis, either prior to, or at

the time and place set for hearing for dismissal, of the particular matter.