Rule Text
(a) (1) Except as provided by subparagraph (2), a petition shall proceed upon a rule to show cause, the issuance of which shall be discretionary with the court as provided by Rule 206.5 unless the court by local rule adopts the procedure of Rule 206.6 providing for issuance as of course.
(b) The procedure following issuance of the rule to show cause shall be in accordance with Rule 206.7.
Amendment history: The provisions of this Rule 206.4 adopted September 8, 1995, effective January 1, 1996, 25 Pa.B. 4092; amended October 24, 2003, effective 9 months from the date of the Order, 33 Pa.B. 5506; amended November 2, 2005, effective immediately, 35 Pa.B. 6318; amended October 21, 2013, effective November 21, 2013, 43 Pa.B. 6648; amended June 28, 2016, effective August 1, 2016, 46 Pa.B. 3797. Immediately preceding text appears at serial pages (369603) to (369604).
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
When someone files a petition asking a court to take action, the court usually handles it through something called a "rule to show cause." This is basically an order that tells the other side they need to respond and explain their position before the judge decides anything. Whether the court issues this rule is normally up to the judge's discretion, unless the local court has set up a rule saying these are issued automatically.
There's one big exception. If someone is asking the court to throw out a default judgment because there's an obvious mistake or defect visible right on the court record, the judge can strike that judgment right away. No rule to show cause is needed in that situation because the problem is already clear without anyone needing to respond.
Once a rule to show cause is issued, the case moves forward following a separate set of steps laid out in Rule 206.7. That rule controls what happens next, including deadlines and how the other side must respond.
