When a local rule requires the issuance of a rule to show cause, a trial court must issue such a rule prior to denying a party’s petition unless the allegations in the petition provide no legal basis for relief, the Pennsylvania Superior Court has ruled.
A unanimous three-judge panel issued a June 5 ruling in U.S. Spaces v. Berkshire Hathaway HomeServices, Fox & Roach that found no valid basis for the Philadelphia Court of Common Pleas’ decision not to issue a rule to show cause despite a local rule saying one should be issued “as of course” for any petition. The ruling reversed and remanded the trial court’s decision.
