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

CRITICAL

Continuance requests for proceedings under these rules must use the form prescribed by C.C.R.C.P. 1920.30.1.A.

All requests for continuance for any proceeding under these rules shall be in the form prescribed by C.C.R.C.P. 1920.30.1.A.

CRITICAL

A motion for continuance should state the matter and its scheduled date and give the reasons for the request.

I, _________________________________, Attorney for Plaintiff/Defendant move for continuance of ________________________________ scheduled for ____________________ in Courtroom No. _____ for the following reasons: ____________________________________________

CRITICAL

The motion form requires stating that the opposing party was notified and whether that party agrees or disagrees.

The opposing party has been notified and AGREES/DISAGREES.

CRITICALCivil cases

A continuance request states the reason and identifies whether the opposing party or counsel was notified and agrees or disagrees.

AND NOW, this _______ day of _______________, 20___, upon motion of _____________________________________, it is hereby requested that the hearing scheduled for _______________________________, 20_____, concerning Protection from Abuse be continued for the following reason(s): ___________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ The opposing party/counsel __________________________ (name) has been notified and AGREES/DISAGREES (circle).

CRITICALCriminal cases

Non-detained juvenile adjudication hearings must be held within five months, excluding time the juvenile is sought on a bench warrant; an extension requires a conference to explain the delay, and the reason must constitute good cause.

All juvenile adjudication hearings scheduled for non-detained juveniles shall be held within five (5) months from the filing of a delinquency petition initiated pursuant to Pa.R.J.C.P. 330, unless the supervising judge of the Chester County juvenile court grants an extension. This five month period shall not include time during which the juvenile is sought to be arrested pursuant to a bench warrant. If an extension of this five month period is sought, the attorneys for the subject juvenile and the Commonwealth shall schedule a conference with the supervising juvenile judge and the assigned probation officer to explain the reason(s) for the anticipated delay. Any such reason(s) must constitute good cause for an

CRITICALCivil cases

Counsel who knows they will be engaged in a qualifying court commitment must promptly notify opposing counsel and the court administrator.

When it is known that counsel will be so engaged, he or she shall forthwith notify opposing counsel and the court administrator.

CRITICAL

A continuance request should identify the hearing or conference, its scheduled date and time, the hearing officer, and the reason for the request.

I, _____________________, Esquire, attorney for Plaintiff/Defendant (or pro se Plaintiff or Defendant), move for a continuance of the ________________________________ (specify type of hearing or conference) scheduled for ________________, 20_____, at _________ a.m./p.m. before Hearing Officer _________________ for the following reason(s):

CRITICALCivil cases

A motion for continuance must state the reason and the scheduled matter and date, and indicate that the opposing party was notified and whether they agree or disagree.

I, _________________________________, Attorney for Plaintiff/Defendant move for continuance of ________________________________ scheduled for ____________________ in Courtroom No. _____ for the following reasons: ____________________________________________ The opposing party has been notified and AGREES/DISAGREES. (circle)

CRITICAL

A continuance request must state its specific reason forthrightly, and counsel must not assume that the request will be granted.

Counsel shall be forthright with the court in stating the specific reason for the continuance and shall not assume that it will be granted.

CRITICALCivil cases

A continuance will not be granted because associate counsel is absent or counsel has a prior commitment, except for the stated court engagements and cases in which counsel is on trial or properly attached to a court of record.

No continuance will be granted by reason of the absence of associate counsel or by reason of prior commitments of counsel in any court other than the Supreme, Superior or Commonwealth Courts of Pennsylvania, a federal appellate court, or in other cases in which counsel is actually on trial or is properly attached to any court of record.

CRITICAL

A continuance request or settlement for a matter on the long-day list must be submitted in writing at least 72 hours before the scheduled date; otherwise, all parties must appear at the hearing.

Any request for continuance or settlements of matters properly scheduled on the long-day list shall be in writing and submitted no less than seventy-two (72) hours prior to the scheduled date. Failure to do so within the appropriate time frame will necessitate an appearance of all parties at the hearing.

CRITICAL

Criminal trial continuances are generally granted only if counsel appears in person at the judge’s call of the list.

Criminal trial continuances are generally granted only when counsel appears in person at the judge’s call of the list.

CRITICAL

A continuance will not be granted unless good cause is shown.

NO CONTINUANCES SHALL BE GRANTED WITHOUT GOOD CAUSE SHOWN.

CRITICAL

A continuance will not be granted unless good cause is shown.

NO CONTINUANCES SHALL BE GRANTED WITHOUT GOOD CAUSE SHOWN.

CRITICAL

Continuance requests for matters listed before the specified judicial officers must substantially follow the form in Forms Index #22.

The form of request for continuance of all matters listed before a Judge, Custody Conciliator, Support Hearing Officer or Hearing Officer in Divorce as required by C.C.R.C.P. 1920.72.A.(a) shall be substantially in the following form: SEE FORMS INDEX (#22)

CRITICAL

A continuance may be granted only upon a showing of good cause.

NO CONTINUANCES SHALL BE GRANTED WITHOUT GOOD CAUSE SHOWN.

CRITICAL

Continuance requests must state whether opposing counsel was notified and whether opposing counsel consents.

Criminal, civil, orphans’ and family court continuance requests shall state specifically whether opposing counsel has been notified of the request and whether opposing counsel consents to the request.

CRITICALCivil cases

A party seeking advancement or deferral from the automatic trial listing must request an administrative conference under C.C.R.C.P. 249.1 et seq.

Any party may at any time, and to obtain relief (advancement or deferral) from the automatic trial listing as set forth in paragraph 7 above must, request an administrative conference in accordance with C.C.R.C.P. No. 249.1 et seq.

CRITICALCivil cases

A properly scheduled argument will not be continued because a party failed to comply with Rule 227.2.

(e) No continuance of argument properly scheduled will be granted because of a party’s failure to observe the requirements of this rule.

CRITICALCivil cases

A party seeking to defer automatic trial-list placement must request an administrative conference and obtain a court order.

To obtain relief from automatic trial listing a party must proceed pursuant to C.C.R.C.P. 249.3(b), request an administrative conference and obtain a court order deferring the placement of the case on the trial list until a later date.

CRITICAL

Continuance requests generally must be submitted by written motion or petition and are granted only for a compelling reason; certain civil judges may accept a letter that is copied to opposing counsel and states whether counsel opposes the request.

Except for certain civil judges who may accept continuance requests by letter (with a copy to opposing counsel and an indication about whether such counsel opposes the request) 2, all such requests shall be submitted to the court by written motion or petition and will only be granted for a compelling reason.

CRITICALCivil cases

The deadline for briefs and answers to petitions, motions, and preliminary objections may be extended by party agreement with court approval, if written notice of the agreement is filed with the prothonotary.

A. The time for filing briefs and answers to petitions, motions and preliminary objections may be extended by agreement of the parties and with the approval of the court, provided written notice of the agreement for extension has been filed with the prothonotary.

CRITICAL

The hearing must be scheduled with at least 20 days’ notice to the named agencies, but that period may be extended for good cause on an agency’s application.

Hearing on said petition shall be scheduled by the Court Administrator on not less than twenty (20) days’ notice to the District Attorney, the bail agency, and the County Solicitor, which period may be extended for good cause shown on application by any of the three agencies.

CRITICAL

A Protection from Abuse continuance request must state the scheduled hearing date and reason for the request, and indicate that the opposing party or counsel was notified and whether they agree or disagree.

it is hereby requested that the hearing scheduled for _______________________________, 20_____, concerning Protection from Abuse be continued for the following reason(s): ___________________________________________________________ _____________________________________________________________________________________ ___________________________________________________________________ The opposing party/counsel __________________________ (name) has been notified and AGREES/DISAGREES (circle).

CRITICAL

A continuance motion must state whether the opposing party or counsel agrees or disagrees with the requested relief.

The opposing party/counsel AGREES/DISAGREES (circle one) to the relief sought in the motion

CRITICAL

If timely Preliminary Objections raise jurisdiction or venue, conciliation must be continued until the court decides the issue.

If a question of jurisdiction or venue is raised by timely Preliminary Objections, the conciliation shall be continued until decision by the court.

WARNING

Continuance requests received within 48 hours of a court date are unlikely to be granted unless exigent circumstances exist.

Requests received within forty-eight (48) hours of a scheduled court date are not likely to be granted, absent exigent circumstances.

WARNINGCivil cases

The assigned Judge may extend the time for filing briefs at the Judge’s discretion.

The assigned Judge, in his discretion, may extend the time for filing of Briefs.

WARNING

Agreement by counsel or the parties does not guarantee that a continuance will be granted.

I understand that the agreement of the counsel/parties does not mean the continuance will necessarily be granted.

WARNING

Continuances of office conferences and matters before Hearing Officers may be granted by agreement of all counsel, or by agreement between counsel and unrepresented parties; other continuances are governed by the cited rules.

Continuances of office conferences and matters before Hearing Officers may be granted by agreement of all counsel or counsel and unrepresented parties. All other continuances shall be governed by Pa.R.Civ.P. 216 and C.C.R.C.P 216.1.

WARNINGCivil cases

Time periods may be extended upon a showing of cause.

Time periods may be extended for cause shown.

WARNINGCivil cases

The assigned judge may, in their discretion, extend the time for filing briefs.

The assigned judge may, at his or her discretion, extend the time for filing briefs.

WARNINGCivil cases

The assigned judge may, in their discretion, extend the deadline for briefs or waive the briefing requirement.

The assigned judge may, in his or her discretion, extend the time for filing of briefs or waive the requirement.

WARNING

At the judge’s request, the party seeking a continuance should be prepared to discuss the motion or petition with the judge in person or by telephone.

Please be prepared to discuss any continuance motion/petition with the judge either in person or by telephone, at the judge’s request.

WARNINGCivil cases

The assigned judge may extend the briefing deadline or waive the briefing requirement in their discretion.

The assigned judge may, in his or her discretion, extend the time for filing of briefs or waive the requirement.

WARNINGCivil cases

The court may extend the time for filing briefs at its discretion.

The court, in its discretion, may extend the time for filing of briefs.

WARNING

Successive continuance requests are likely to be denied.

Successive continuance requests are likely to be denied.

WARNING

Continuance requests must be made as soon as possible and are disfavored.

Continuance requests must be sought as soon as possible and are not favored.

WARNINGCivil cases

The assigned judge may extend the deadline for filing briefs in their discretion.

The assigned judge may, at his or her discretion, extend the time for filing briefs.

WARNINGCivil cases

The deposition deadline may be shortened or extended by agreement of the parties or by the court.

The time limit for the taking of the depositions may be shortened or extended by agreement of the parties or by the Court.

WARNING

An extension of filing time is by agreement of all counsel and unrepresented parties, and the certification identifies the filing and new deadline.

This is to certify that the time for filing (title of petition, motion or brief) has been extended to (new date for filing) by agreement of all counsel and unrepresented parties.

INFO

A continuance request has a significantly greater chance of being granted if opposing counsel has been notified and consents.

The party requesting a continuance will have a significantly greater chance of having the request granted if opposing counsel has been notified of the request and consents to it.