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

CRITICAL

A continuance request made within seven days of the hearing requires the attorney or self-represented party to appear personally before the judge and explain the extenuating circumstances.

Any continuances requested within the seven (7) days of the scheduled Arbitration hearing shall require the personal appearance of the attorney/self-represented party before the Judge to explain the extenuating circumstances necessitating the late filing.

CRITICALCivil cases

For Arbitration, a continuance must be filed within seven days prior to the scheduled hearing under CARB.R.C.P. 1303.

except in cases of Arbitration, whereby a Continuance must be filed within seven (7) days prior to a scheduled Arbitration hearing pursuant to CARB.R.C.P. 1303.

CRITICALCivil cases

Motions for continuance must be filed at least three working days before the scheduled event.

All Motions for Continuance shall be filed at least three (3) working days before the scheduled event

CRITICAL

Good cause for continuing an inactive matter must be shown at the call to avoid dismissal on that ground.

If no action is taken, or written objection or statement of intention to proceed is filed, prior to the call, or if good cause for continuing the matter is not shown at the call, the Court shall enter an order dismissing the proceedings.

CRITICAL

II. The Motion is made for the following reasons (include reason for late filing – less than three (3) working days before scheduled event, if applicable*):

II. The Motion is made for the following reasons (include reason for late filing – less than three (3) working days before scheduled event, if applicable*):

CRITICAL

For a continuance motion, select the type of event to be continued and state the type of hearing or conference if applicable.

I. Motion is hereby made to continue the (circle one): Trial Non-Jury Trial Argument Arbitration Hearing or Conference (state the type of hearing/conference)

CRITICAL

A motion for continuance must be filed at least two working days before the scheduled event.

All Motions for Continuance shall be filed at least two (2) working days before the scheduled event.

CRITICAL

Continuance requests must be filed at least seven days before the scheduled arbitration hearing.

All continuance requests must be filed no later than seven (7) days before the scheduled Arbitration hearing.

CRITICAL

DATE SCHEDULED __________ TIME: ______ NO. OF PREVIOUS CONTINUANCES: by Plaintiff________ by Defendant________

DATE SCHEDULED __________ TIME: ______ NO. OF PREVIOUS CONTINUANCES: by Plaintiff________ by Defendant________

CRITICAL

Before the trial-commencement period expires, the Commonwealth may seek and receive an extension if, despite due diligence, trial cannot begin within the applicable period or a previously extended period.

Do you understand that Rule 600 allows the Commonwealth of Pennsylvania at any time prior to the expiration of the period for commencement of trial to apply for and receive an extension of the period when, despite due diligence by the Commonwealth, your trial cannot begin within the 180 and/or 365 days or any previously extended time period?

CRITICALCivil cases

A noncompliant continuance motion may be entertained only if there was no earlier opportunity to file timely or the interest of justice requires it.

Any motion filed that is not in compliance with this rule shall be entertained only if the opportunity to timely file it did not exist previously or the interest of justice requires it.

CRITICAL

IV. Motion is not opposed ____; opposed____ for the following reason: _______________________ ______________________________________________________________________________

IV. Motion is not opposed ____; opposed____ for the following reason: _______________________ ______________________________________________________________________________

CRITICAL

A proceeding requiring the defendant's attendance must not occur without the defendant present; defense counsel must file a continuance, or the Commonwealth must file it if the defendant is pro se.

In no event, where the defendant’s attendance is required, shall a proceeding occur without the defendant being present. In that case defense counsel shall file a continuance, and if pro se, the Commonwealth shall file the continuance.

CRITICALCivil cases

A granted continuance must be set for a specified date.

When a continuance is granted, the matter is continued to a specified date.

CRITICALCivil cases

Agreement of counsel or the parties alone is not sufficient grounds for granting a continuance.

Mere agreement of counsel/parties is not sufficient grounds for the Court to grant continuances.

CRITICALCriminal cases

The listed proceeding dates may not be changed without leave of court.

These dates may not be changed without Leave of Court.

CRITICALCriminal cases

The Court may not grant a continuance based solely on the agreement of counsel or the parties.

Mere agreement of counsel/parties is not sufficient grounds for the Court to grant continuances.

WARNINGCriminal cases

At the defendant’s request, the judge may grant one 30-day extension to decide the motion if good cause is shown.

The judge may, at your request, grant one 30-day extension for deciding the motion, if good cause is shown.

WARNING

A noncompliant continuance motion may be entertained only if timely filing was previously impossible, the defendant was unaware of the grounds, or the interests of justice require it; noncompliance is grounds for denial.

Any motion filed that is not in compliance with this rule shall be entertained only if the opportunity to timely file it did not exist previously, the defendant was not aware of the grounds for the motion, or the interests of justice so require. Failure of any motion/form for continuance to comply with this rule shall be grounds for denying the requested continuance.

WARNINGCriminal cases

Any granted continuance must be set to a specified date.

When a continuance is granted, the matter is continued to a specified date.