Rule 206.6.Rule to Show Cause. Issuance as of Course. Stay. Form of Order.

Adopted September 8, 1995 · Last amended April 12, 1999 · Last verified June 30, 2026

In one sentenceRule 206.6 governs the as-of-course issuance of a rule to show cause, which a court may adopt by local rule: the rule issues automatically when the petition is filed, directs an answer within twenty days, allows the court to stay proceedings, and requires the petitioner to attach a proposed order.

Full Text of Rule 206.6

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

(a) A rule to show cause shall be issued as of course upon the filing of the petition. The rule shall direct that an answer be filed to the petition within twenty days after service of the petition on the respondent.

(b) The court may grant a stay of the proceedings.

(c) The petitioner shall attach to the petition a proposed order 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 twenty days of service upon the respondent;

(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.

End

Plain-English Summary

This rule supplies the automatic alternative to discretionary issuance. Where a court has adopted it by local rule, a rule to show cause issues as of course upon the filing of the petition — the court does not first screen the petition for prima facie merit.

The issued rule directs the respondent to answer within twenty days after service. The court may grant a stay, and the petitioner attaches a proposed order in the form the rule prescribes, setting the answer, discovery, and argument schedule. After issuance, Rule 206.7 governs the procedure.

Frequently Asked Questions

How does “issuance as of course” differ from discretionary issuance?

As of course, the rule to show cause issues automatically when the petition is filed, without the court first screening it for prima facie grounds. This procedure applies only where a court has adopted it by local rule.

How long does a respondent have to answer?

Twenty days after the petition is served on the respondent.

Official Note

Official Note: Paragraphs (4) and (5) are optional in a county adopting the alternative procedure. This accommodates local procedures which do not fix a hearing date until the answer and depositions have been filed. 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.

Amendment History

The provisions of this Rule 206.6 adopted September 8, 1995, effective January 1, 1996, 25 Pa.B. 4092; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial pages (200229) to (200230).

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: issuance as of courseautomatic rule to show cause