Rule 206.5.Rule to Show Cause. Discretionary Issuance. Stay. Form of Order. Rule Inapplicable to Petition to Strike Default Judgment.

Adopted September 8, 1995 · Last amended October 21, 2013 · Last verified June 30, 2026

In one sentenceRule 206.5 governs the discretionary issuance of a rule to show cause: the petitioner attaches a proposed order and notifies the parties, and if the petition fits Rule 206.1(a), is properly pleaded, and states prima facie grounds, the court issues the rule and may stay the proceedings.

Full Text of Rule 206.5

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Rescinded.

(b) A petitioner seeking the issuance of a rule to show cause shall attach to the petition a proposed order in the form prescribed by subdivision (d) and give notice to all other parties of the intention to request the court to issue the rule.

(c) If the petition is within the scope of Rule 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 the proceedings.

(d) The form of order required by subdivision (b) shall be substantially in the following form: (CAPTION) 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 days of this date;

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

(4) depositions shall be completed within days of this date;

(5) argument shall be held on , in Courtroom of the County Courthouse; and

(6) notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT: J.

(e) A judgment shall be striken without the issuance of a rule to show cause when there is a defect on the face of the record that constitutes a ground for striking a default judgment.

End

Plain-English Summary

This rule controls the discretionary path for issuing a rule to show cause. The petitioner attaches a proposed order in the form the rule prescribes and gives the other parties notice of the intent to ask the court to issue the rule.

The court issues the rule when three things line up: the petition falls within the definition in Rule 206.1(a), it is properly pleaded, and it states prima facie grounds for relief. The court may also grant a stay of the proceedings while the petition is decided, and the form order sets answer, discovery, and argument dates.

The rule does not reach a petition to strike a default judgment for a facial defect; as Rule 206.4 provides, such a judgment is stricken on the record without a rule to show cause.

Frequently Asked Questions

What must a petitioner do to obtain a discretionary rule to show cause?

Attach a proposed order in the prescribed form and notify the other parties. The court issues the rule if the petition is within Rule 206.1(a), is properly pleaded, and states prima facie grounds for relief, and it may stay the proceedings.

Official Note

Official Note: In counties in which an evidentiary hearing is held, the order should be modified by deleting paragraphs (4) and (5) and substituting new paragraph (4) to read as follows: (4) an evidentiary hearing on disputed issues of material fact shall be held on , in Courtroom of the County Courthouse. The court may provide in the order for disposition upon briefs rather than oral argument. The court has inherent power to permit forms of discovery other than depositions. The court may provide in the order for the filing of briefs.

Amendment History

The provisions of this Rule 206.5 adopted September 8, 1995, effective January 1, 1996, 25 Pa.B. 4092; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended October 24, 2003, effective 9 months from the date of the Order, 33 Pa.B. 5506; amended March 27, 2006, effective immediately, 36 Pa.B. 1745; amended October 21, 2013, effective November 21, 2013, 43 Pa.B. 6648. Immediately preceding text appears at serial pages (318373) to (318374).

Source & verification. Rule text, the Official Note, and the amendment history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. · Official text

Also known as: discretionary rule to show causeform of orderstay