Rule 40 - Certiorari Issued to District Justice(a) Where a Writ of Certiorari has been issued pursuant to the Pennsylvania Rules of Civil Procedure Governing Actions and Proceedings before Magisterial District Judges, the party causing the writ to issue shall, within ten (10) days after the return of the record: (1) file exceptions setting forth in detail the reasons in support of the claim or claims contained in the praecipe filed for issuance of the writ, and serve a copy of such exceptions by personal service or first class mail on opposing counsel of record or party without counsel, or(2) if deficiency or error in the record is alleged, present a petition to the court that a rule issue upon the Magisterial District Judge to show cause why a corrected record should not be filed, setting forth in the petition in what respect the record is deficient or in error, returnable within ten (10) days, and serve copies of the petition and rule by personal service or first class mail on the Magisterial District Judge and on opposing counsel of record or party without counsel.(b) If a corrected record or an answer to the petition acceptable to petitioner is not filed within ten (10) days, and the parties are unable to stipulate of record what corrections are to be made to the record, upon application of the petitioner the court shall fix a hearing date, direct that the Magisterial District Judge bring into court for inspection all records pertaining to the proceedings, and upon hearing held determine by order of court what corrections, if any, should be made to the record. Upon such order being entered, the petitioner shall proceed in accordance with subsection (a)(1) of this Rule.(c) Failure of the party filing the praecipe for issuance of the writ to proceed in accordance with this Rule shall be grounds for dismissal of the writ.Amended effective 2/12/2018 ; amended effective 7/9/2019; amended effective 3/14/2020.