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

CRITICALCivil cases

A continuance application must be submitted at least 25 days before the scheduled proceeding, or at the earliest possible opportunity, and the applicant must follow the form’s instructions.

Applications for a continuance shall be submitted at least 25 days prior to a scheduled proceeding or at the earliest possible opportunity. The applicant shall follow the instructions on the continuance form.

CRITICALCriminal cases

Counsel expecting to be unavailable on a possible trial day must apply to the assigned judge to be excused after giving opposing counsel advance reasonable written or oral notice; the judge decides whether the reason is valid and whether to grant the request.

If counsel in a case listed for trial expects to be unavailable on a particular day or days on which the case could be called for trial, he shall make application to the assigned Judge of the Court of Common Pleas, after advance reasonable written or oral notice of intention so to do to opposing counsel, to excuse him for that day or days. The Common Pleas Judge shall determine whether or not counsel has valid reason for being unavailable and shall either refuse or grant the request to be excused.

CRITICALCivil cases

Unless the court orders otherwise because of an emergency, an extension application must be made by the brief due date and a continuance application by the Tuesday before argument, or Monday if Tuesday is a holiday.

Unless otherwise ordered by the court because of emergency, any application for extension of time for cause for filing and serving of briefs must be made to the court on or before the due date for filing, and any application for continuance of argument must be made to the court on or before the Tuesday (or Monday if Tuesday is a holiday) prior to the scheduled argument date.

CRITICALCivil cases

If a continuing-contact agreement is first proposed at the adoption hearing and the previously appointed guardian ad litem is absent, the matter must be continued to allow notice to the guardian.

If a voluntary agreement for continuing contact is proposed for the first time at the time of an adoption hearing and a previously appointed guardian ad litem is not present for the hearing, the matter shall be continued to allow notice to the guardian.

CRITICALCivil cases

A custody conference must be continued until the court decides a jurisdiction or venue question raised by timely preliminary objections.

If a question of jurisdiction or venue is raised by timely preliminary objections, the conference shall be continued until decision by the Court.

CRITICALCivil cases

Parties generally cannot extend brief-filing time by agreement; the stated exception permits a reasonable extension for the party with the burden if all parties stipulate in writing and a court order is entered and filed at least 24 days before argument.

There can be no extension of time for filing and serving of briefs of argument by agreement of the parties, except that if the praecipe for argument is filed by a party not having the burden, a reasonable extension of time for filing and serving of briefs by the party having the burden will be allowed without cause upon written stipulation of all parties and order entered thereon by the court and filed at least twenty-four (24) days prior to the argument court date.

CRITICALCriminal cases

A motion for a continuance must be made in the assigned Common Pleas Judge’s courtroom at 9:30 A.M. or 1:30 P.M. on a day the judge is scheduled to sit.

All emergency motions, petitions and applications and motions for a continuance shall be made in the courtroom of the Common Pleas Judge assigned to the case either at 9:30 A.M. or 1:30 P.M. on a day he is scheduled to sit.

CRITICALCivil cases

A motion may seek an extension of the report decision period to 60 days, but the assigned Judge must grant it.

The report shall be filed no later than thirty (30) days following the date of the final hearing in accordance with Pa.R.C.P. 1931 unless a motion to extend time for decision to sixty (60) days has been granted by the assigned Judge.

CRITICALCivil cases

The counsel or party requesting a continuance must give written notice to the arbitrators, Court Administration, and the Prothonotary's Office.

The counsel or party requesting the continuance shall give written notice of such continuance to the arbitrators, Court Administration and the Prothonotary's Office.

CRITICALCivil cases

A continuance request for a custody conference before the Custody Conciliator must be sent to the Custody Office as a letter by fax, mail, email, or personal delivery, include the specified information, and state whether the opposing party agrees.

Continuance requests for custody conferences before the Custody Conciliator shall be faxed, mailed, e-mailed or personally delivered to the Custody Office in the form of a letter. The request shall include the docket number, the names of the parties, the date of the conference, the reason for the requested continuance, and an indication of whether or not the opposing party is in agreement with the request. The Custody Office shall notify the requesting party whether or not the request has been granted.

CRITICALCivil cases

A party unable to meet the brief or argument requirements must timely apply to the court for an extension or continuance; the court may grant relief upon good cause.

If a party is unable to file and serve his brief of argument as required by these rules, or is unable to appear and argue the case when scheduled, such party shall make timely application to the court for an extension of time in which to file and serve his brief and/or for a continuance, and upon good cause shown the court may grant such additional time and/or continue the argument as may be proper under the circumstances.

CRITICALCivil cases

After a continuance under this procedure, Court Administration must reschedule the case within 60 days, and the Prothonotary's Office must provide hearing notice to the arbitrators, counsel, and unrepresented parties under B.R.C.P. 1301.1.

Court Administration shall reschedule the case to be heard within sixty (60) days, with notice of hearing to be provided by the Prothonotary's Office to all arbitrators, counsel and unrepresented parties in accordance with B.R.C. P. 1301.1.

CRITICALCivil cases

For matters other than preliminary objections, one continuance without cause is allowed upon written stipulation of all parties and a court order filed by the Tuesday before argument, or Monday if Tuesday is a holiday.

Except for argument on preliminary objections, a continuance without cause will be allowed one time on any other matter listed for argument, upon written stipulation of all parties and order entered thereon by the court and filed no later than on the Tuesday (or Monday if Tuesday is a holiday) prior to the argument court date.

CRITICALCivil cases

If the parties cannot agree to a continuance more than seven days before the hearing, counsel must apply to the assigned judge for a ruling and comply with B.R.C.P. 207.1.

In the event that the parties cannot agree to a continuance more than seven (7) days prior to hearing under subparagraph (a) above, an application for a continuance of the case must be made to and ruled upon by the assigned judge. Counsel making such application shall comply with B.R.C.P. 207.1.

CRITICALCivil cases

An extension or continuance applicant must give all other parties written notice of the application's intended date, time, and nature at least three days in advance; if a party does not appear, proof of service must be filed with the application.

A party making either such application must give written notice to all other parties in accordance with B.R.C.P. 211.3(a) of the intended date, time and nature of the application at least three (3) days prior to making such application, except that notice may be waived by such other party who appears before the court at the time such application is made. If the other party does not appear, the party making application shall file proof of service of notice in accordance with B.R.C.P. 211.3(b) at or before the time of making such application.

CRITICALCivil cases

If a hearing cannot be completed at its scheduled time, the chairperson schedules a continued hearing at an agreed site upon the parties’ stipulation and written notice; if the parties cannot stipulate to the next hearing’s date, time, and place, the chairperson notifies Court Administration and the hearing is rescheduled under B.R.C.P. 1303.2(a).

If a hearing is held and cannot be concluded at the initially scheduled time as indicated on the certificate of readiness, a continued hearing shall be scheduled at an available and agreed upon site by the chairperson upon stipulation by the parties with written notice on the award form to Court Administration and the Prothonotary. If a stipulation cannot be reached as to the date, time and place of the next hearing, the chairperson shall notify Court Administration thereof and the hearing shall be rescheduled as provided in B.R.C.P. 1303.2(a).

CRITICALCriminal cases

A judge designates the last day to request routine trial continuances, and requests made after that date will not be granted unless required by law or the reason arose afterward.

Each Judge of the Court of Common Pleas shall from time to time designate the last day on which he or she will entertain motions for routine continuances of matters set for trial. No continuance requested after that date will be granted, unless required by law or unless the reason for the continuance first arose after the date designated.

CRITICALCivil cases

An attorney of record or self-represented party seeking a continuance of a support proceeding must use the Domestic Relations Section Application for Continuance form, available from the DRS Docketing Division or the DRS website.

Applications for continuance of a support proceeding (conference before a DRS establishment or compliance officer, hearing before a support hearing officer, hearing before a judge) shall be made by the attorney of record or a self-represented party on the Domestic Relations Section Application for Continuance form. The form may be obtained in the DRS Docketing Division or on the Berks County DRS website at http://www.co.berks.pa.us/dr/ under Forms/Filing Requirements.

CRITICALCivil cases

The case may be continued once by agreement of all counsel and unrepresented parties, no later than seven days before the hearing.

No later than seven (7) days prior to the hearing date, the case may be continued one (1) time by agreement of all counsel and unrepresented parties.

WARNINGCivil cases

The parties may extend dates in the Discovery Management Order by written agreement.

The parties may, by agreement in writing, extend any dates set forth in the Discovery Management Order.

WARNINGCivil cases

The hearing must conclude on its scheduled date, but the Custody Conciliator may continue it to a date certain for good cause or to obtain specified reports.

(e) The hearing shall be concluded on the date fixed for the hearing, except that the Custody Conciliator may continue the hearing to a date certain for good cause shown, or to obtain investigative or evaluative reports from a social service agency or private providers.

WARNINGCivil cases

A continuance application for a hearing before a judge must be submitted to the DRS Docketing Division for forwarding to the assigned judge for review and decision.

An application for continuance for a hearing scheduled before a judge shall be submitted to the DRS Docketing Division, to be forwarded to the assigned judge for review and decision.

WARNINGCivil cases

A continuance application for a hearing before a hearing officer must be submitted to the DRS Docketing Division for forwarding to the assigned hearing officer; a party may challenge the decision before the emergency family court judge.

An application for continuance for a hearing before a hearing officer shall be submitted to the DRS Docketing Division, to be forwarded to the assigned hearing officer for review and decision. Any party objecting to the decision may seek relief before the emergency family court judge.

WARNING

A court reporter may request one deadline extension of no more than 30 additional days by showing good cause to the president judge.

(D) The court reporter, upon showing of good cause to the president judge, may request an extension of the deadline for a period of time not to exceed an additional 30 days. In no case shall more than one extension be granted.

WARNINGCivil cases

If an issue of fact is raised, the Court may continue the matter for no more than 60 days to allow the parties to produce evidence.

In the alternative, the Court may hear oral argument from the party that filed the preliminary objections and any other party wishing to be heard, or, if an issue of fact is raised, may direct that the matter be continued for no more than sixty (60) days in order to permit the party that filed the preliminary objections, and any other party wishing to participate, the opportunity to produce sufficient evidence for the Court to consider in ruling upon the preliminary objections.

WARNINGCivil cases

Either party may move for a continuance upon showing cause.

Either party may move for continuance upon cause shown.

WARNINGCivil cases

The court may permit continuances in accordance with Pa.R.C.P. 216.

The court may permit continuances in accordance with Pa.R.C.P. 216.

WARNINGCivil cases

A continuance application for an establishment or compliance conference must be submitted to the DRS Docketing Division for forwarding to the appropriate unit manager; a party may challenge the decision before the emergency family court judge.

An application for continuance for a matter scheduled before an establishment or compliance conference officer shall be submitted to the DRS Docketing Division, to be forwarded to the appropriate unit manager for review and decision. Any party objecting to the decision may seek relief before the emergency family court judge.

WARNINGCivil cases

If an affected party files neither an amended pleading nor a response, the Court may continue the matter for no more than 60 days for the parties to produce evidence.

If any party to whose pleading preliminary objections have been filed fails to file either an amended pleading or a response to the preliminary objections, the Prothonotary shall deliver the file of the case to the Court, whereupon the Court may deem the preliminary objections to have been admitted and, without further notice, either sustain the preliminary objections; hear oral argument and rule upon the preliminary objections; rule upon the preliminary objections without oral argument; or, if an issue of fact is raised, direct that the matter be continued for no more than sixty (60) days for the parties to produce sufficient evidence for the Court to consider in making its ruling.

WARNINGCivil cases

For good cause shown, the Discovery Master may recommend extending dates in the Discovery Management Order upon a party's request.

Upon request of any party, for good cause shown, the Discovery Master may recommend an extension of any dates set forth in the Discovery Management Order.