Montgomery County Court of Common Pleas, General Division Adjournment & Extension Requirements

If a bound-over criminal case receives no final Grand Jury action within 28 days, it must be dismissed without prejudice, unless unavailable complaining-witness testimony permits a definite continuance that is noted in the Grand Jury report and approved by the Grand Jury Judge.

Criminal cases bound over to the court on which the Grand Jury takes no final action within 28 days shall be dismissed forthwith and without prejudice. However, if the complaining witness’ testimony is not available within the 28-day period, the case may be continued for a definite period of time, and such continuance shall be noted in the report of the Grand Jury. Continuances must be presented to and approved by the Grand Jury Judge.

A continuance request for a conference, hearing, or trial must be made in writing and filed under Rule 2.01, or made in open court before the Assigned Judge.

Requests for continuance of a conference, hearing, or trial shall be in writing and filed in accordance with Rule 2.01 or made in open court before the Assigned Judge.

The Assigned Judge must approve more than one mediation continuance and any continuance that would negatively affect the scheduled trial date.

The approval of the Assigned Judge is required for more than one continuance of a mediation conference and for any continuance that would negatively affect the scheduled trial date.

A continuance request must be made in writing and filed under Rule 2.01 or made in open court before the Assigned Judge; a written request must include a proposed order, an orally granted request must be followed by a proposed order filed within three days, and the continuance order must state the new date.

Requests for continuance of a conference, hearing, or trial shall be in writing and filed in accordance with Rule 2.01 or made in open court before the Assigned Judge. If the request is made in writing, it shall be accompanied by a proposed order granting the request. If the request is made in open court before the Assigned Judge and the request is granted, the party making the request shall file a proposed order in compliance with Rule 2.02 within three days. Any order granting a continuance shall set forth the date to which the conference, hearing, or trial is continued.

A continuance of a scheduled mediation conference is governed by Rule 7.06(D).

A continuance of a scheduled mediation conference shall be considered subject to Rule 7.06(D).

For good cause, the mediator may approve one mediation continuance that will not negatively impact the scheduled trial date; more than one continuance or any continuance affecting the trial date requires Assigned Judge approval.

For good cause shown, the mediator may approve a continuance of a mediation conference if such continuance will not negatively impact the scheduled trial date. The approval of the Assigned Judge is required for more than one continuance of a mediation conference and for any continuance that would negatively affect the scheduled trial date.

The mediator may approve a mediation continuance for good cause only when the continuance will not negatively affect the scheduled trial date.

For good cause shown, the mediator may approve a continuance of a mediation conference if such continuance will not negatively impact the scheduled trial date.

If the complaining witness is unavailable within 28 days, the criminal case may be continued for a definite period, the continuance must be noted in the Grand Jury report, and Grand Jury Judge approval is required.

However, if the complaining witness’ testimony is not available within the 28-day period, the case may be continued for a definite period of time, and such continuance shall be noted in the report of the Grand Jury. Continuances must be presented to and approved by the Grand Jury Judge.