Court of Common Pleas of Adams County, Pennsylvania Adjournment & Extension Requirements

CRITICALCivil cases

Failure to comply with such a directive shall result in the continuance of any scheduled hearing.

Failure to comply with such a directive shall result in the continuance of any scheduled hearing.

CRITICALCivil cases

A scheduled custody trial may be continued only with leave of court; a continuance motion must be filed with the Prothonotary, forwarded to the presiding judge, and state the opposing party’s position.

A scheduled custody trial shall not be continued without leave of court. A motion for continuance shall be filed with the Prothonotary, who shall forward same to the presiding judge for consideration. The position of the opposing party must be noted in the motion.

CRITICALCivil cases

A continuance requires a motion filed with the Court at least 60 days before the hearing, absent exceptional circumstances; untimely requests will be denied unless compelling interests of justice require otherwise.

A continuance of the scheduled hearing may only be granted by the Court of Common Pleas upon motion filed with the Court. All continuance requests must be filed at least 60 days prior to hearing absent exceptional circumstances. Unless compelling interests of justice require otherwise, untimely requests for continuance shall be denied.

CRITICALCivil cases

Upon request made, at least ten (10) days before the date of the mediation, the mediation may be continued one time by agreement of all counsel. The counsel or party requesting the continuance shall give written notice of such continuance to the mediator. The mediator shall reschedule the case to be heard within forty-five (45) days, with notice of hearing to be provided to all counsel and the court.

Upon request made, at least ten (10) days before the date of the mediation, the mediation may be continued one time by agreement of all counsel. The counsel or party requesting the continuance shall give written notice of such continuance to the mediator. The mediator shall reschedule the case to be heard within forty-five (45) days, with notice of hearing to be provided to all counsel and the court.

CRITICALCriminal cases

A request to continue a regularly scheduled Plea Day or DUI Court Day must be made by written motion stating good cause and filed at least one week before the scheduled appearance.

If a party desires to continue a regularly scheduled Plea Day or DUI Court Day, the request shall be made by written motion setting forth good cause for the request and shall be filed at least one week prior to the scheduled Court appearance.

CRITICALCivil cases

If the parties cannot agree to a continuance more than ten days before mediation, a motion must be made to and ruled on by the court; any court-ordered continuance must be rescheduled according to the court’s order.

In the event that the parties cannot agree to a continuance more than ten days prior to the scheduled mediation date a motion for continuance must be made to and ruled upon by the court. If the case is continued by the court, the mediator shall reschedule the mediation in accordance with the court’s order granting the continuance.

CRITICALCivil cases

A request to continue a pre-hearing or settlement conference must be made in writing to the divorce hearing officer and note the opposing party’s position; otherwise, it may be denied.

Requests for continuance of any pre-hearing or settlement conference shall be made in writing directed to the divorce hearing officer. The opposing party’s position must be noted in the request or the request may be denied.

CRITICALCivil cases

A request to continue a divorce hearing must be made by formal motion filed with the Prothonotary, who forwards it to the assigned judge.

Requests for continuance of a divorce hearing shall be made by formal motion and filed with the Prothonotary. The Prothonotary shall forward the motion to the assigned judge.

CRITICALCivil cases

A written continuance request must be sent to the assigned Conference Officer at least seven days before the office conference, state the opposing party’s position, and be served on that party; late requests are denied absent compelling circumstances, and a denied request may be followed by a served formal motion stating the opposing party’s position.

A written request for continuance of the office conference shall be communicated at least seven (7) days before the conference date via correspondence from the moving party to the Conference Officer assigned to the case. A formal motion is not necessary. The request may be hand-delivered, mailed, faxed or emailed to the Domestic Relations Section. All requests must state the opposing party’s position and shall be served by the moving party upon the non-moving party. Ex parte communications are strictly prohibited. If the request is made less than seven (7) days before the conference date, it will be denied absent compelling circumstances. Any party aggrieved by a denial of request for continuance of the office conference may file a formal Motion for Continuance at the Domestic Relations Section which must be served upon the other party. The Domestic Relations Section will forward the motion to the judge assigned to the case. The opposing party’s position must be stated in the formal Motion for Continuance, otherwise it may be denied at the discretion of the

CRITICALCivil cases

A custody conciliation conference may be cancelled or continued only with the parties’ written consent or leave of court; if a party does not consent, the requesting party may move for a continuance with proper notice and must state the opposing party’s position.

(i) Cancellation or Continuance of Custody Conciliation Conference. A scheduled custody conciliation conference shall not be cancelled or continued without the written consent of the parties or leave of court. If a responding party does not consent, a motion to continue may be filed and directed to the presiding judge for consideration, with proper notice to the opposing party. The party requesting the continuance shall include the opposing party’s position on the request. If the parties agree to reschedule the conciliation conference, then the conciliator shall set a new date for the conciliation conference to be held and provide notice of same to the presiding judge.

WARNINGCriminal cases

When witness unavailability or another unforeseeable need arises after the trial list is called, a continuance request should be made before close of business on the Wednesday preceding the criminal trial term.

In those instances where witness unavailability or other unforeseeable need arises requiring a continuance subsequent to the call of the trial list, a request for continuance should be made prior to the close of business on the Wednesday preceding the criminal trial term.

WARNINGCriminal cases

A case that cannot be heard because trial days are unavailable must be continued to the following trial term and receive scheduling priority there.

Any case that cannot be heard due to unavailability of trial days during a trial term shall be continued by the Court to the following trial term for disposition. Such cases shall receive priority in scheduling during the following trial term.

WARNINGCivil cases

If the court grants a hearing on a special-relief request, it may continue a scheduled conciliation conference until it decides that request.

(c) Alternatively, the court may schedule a hearing to determine the appropriateness of such a request for special relief. If a hearing is granted, the court may continue a scheduled conciliation conference until the court has rendered a decision on the request for special relief.

WARNINGCriminal cases

Plea and DUI Court days are treated as separate days for the rule’s time limits, and continuances between plea days to evade those limits generally will not be granted unless the interests of justice require otherwise.

The intent of this rule is that each plea or DUI Court day shall be a separate and distinct day concerning applicability of the time limits of this rule and continuances from one plea day to another to avoid the intent of this rule will generally not be granted by the Court except as the interests of justice otherwise require.

WARNINGCriminal cases

It is expected that all counsel will act with reasonable diligence and promptness in determining whether a case is ready for trial and that counsel shall be in a position to make that determination, at the latest, on the Wednesday prior to trial.

It is expected that all counsel will act with reasonable diligence and promptness in determining whether a case is ready for trial and that counsel shall be in a position to make that determination, at the latest, on the Wednesday prior to trial.

WARNINGCivil cases

After granting emergency ex parte special relief, the court must schedule a hearing within ten days and may continue it at the non-moving party's request for a reasonable time to obtain counsel and prepare a defense.

(d) If, in an emergency, the court grants ex parte special relief, the court shall schedule a hearing, within ten (10) days, to address the merits of the petition for special relief. The court may continue the hearing, if requested to do so by the non-moving party, for reasonable time to allow that party to seek counsel and prepare a defense to the petition.

WARNINGCriminal cases

Continuance requests should normally not be made on Plea Day or DUI Court Day absent unforeseen or extraordinary circumstances; later requests should be filed in writing with the Court and all parties by close of business Wednesday before criminal trial week and state whether other parties concur or oppose.

Requests for continuances should normally not be made on Plea Day or DUI Court Day except under unforeseen or extraordinary circumstances. If, after the conclusion of Plea Day or DUI Court Day, either party becomes aware of circumstances justifying a continuance, a request should be filed with the Court and all parties in writing prior to close of business on the Wednesday preceding criminal trial week. The motion shall set forth whether the other parties concur with or oppose the relief requested.

WARNINGCivil cases

A continuance motion must state the opposing party’s position; otherwise, the court may deny it.

All Motions for Continuance of Hearing De Novo must state the opposing party’s position on the request and shall be served on the opposing party by the moving party in accordance with the Pennsylvania Rules of Civil Procedure, otherwise the Motion may be denied at the discretion of the court.

WARNINGCriminal cases

The court considers how promptly a continuance request is made after the trial list is issued when deciding whether to grant it.

Timeliness measured from promulgation of the trial list is an important consideration in the decision to grant or deny a continuance request.

WARNINGCriminal cases

Continuance requests ordinarily should be made by written motion no later than immediately after the trial list is announced for that term.

In order that a trial schedule may be prepared and announced in accordance with this Rule, requests for continuance ordinarily should be made by written motion no later than immediately after the trial list is announced for that particular term.