As amended through September 26, 2023
Rule 206.4(c) - Rule to Show Cause(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.Adopted June 29, 2004, effective 7/26/2004.