Dauphin County Court of Common Pleas Adjournment & Extension Requirements

A late continuance motion must be presented in open court before the business court judge or trial judge, with reasonable advance notice to opposing counsel.

A later motion shall be presented only in open court before the business court judge or the judge assigned to the case for trial. Reasonable notice shall be afforded opposing counsel prior to the presentation of the motion in open court.

A written continuance motion must be filed with the Clerk and served on opposing counsel by 4:00 p.m. on the Tuesday before the week of the scheduled criminal jury trial.

All contested motions for a continuance shall be in writing and filed with the Clerk of Courts no later than 4:00 p.m. on the Tuesday prior to the week of criminal jury trials during which the case is scheduled for trial. A copy of the motion shall be served on opposing counsel by the same deadline.

A continuance motion must include the case’s procedural history beginning with the criminal complaint’s filing date, all prior requested continuances, whether opposing counsel was contacted, and opposing counsel’s position.

The motion shall contain a procedural history of the case, beginning with date of filing of the criminal complaint, and a recitation of any prior continuances sought. The motion shall aver whether opposing counsel has been contacted concerning the motion and shall state counsel’s position thereon.

A continuance application must be served concurrently on all other parties, is generally barred when filed fewer than ten days before the arbitration term except in extraordinary circumstances, and must be copied to the Arbitration Chair.

Applications for Continuance shall be served concurrently upon all other parties. No continuance shall be granted if filed less than ten days prior to the beginning of the arbitration term except in the most extraordinary circumstances. A courtesy copy of the Application shall be sent to the Arbitration Chair.

For a nonconcurred continuance request in a case less than two years old, the panel Chair must hold a telephone conference, decide the application, and ask whether an aggrieved party wants to appeal to the Arbitration Judge.

If a party does not concur, and the case is less than two years old, the panel Chair shall convene a telephone conference among all parties, and shall make a decision on the Application for Continuance. The Chair shall then inquire if any aggrieved party wishes to appeal the matter to the Arbitration Judge.

Cases less than two years old may receive only one granted continuance request, and cases over two years old may receive no continuance except with leave of court for cause shown.

Only one request for continuance will be granted for cases less than two years old, and none shall be granted for those over two years old, except with leave of court for cause shown.

Requests to reschedule the seminar must be directed to the seminar provider, and the requesting party must attend the next available seminar.

Any requests for rescheduling must be directed to the provider of the Seminar and you will be required to attend the next available Seminar.

Failure to complete videotaped trial testimony is not a proper basis for a continuance request absent extraordinary and compelling circumstances.

Absent extraordinary and compelling circumstances, the failure to complete videotaped testimony for use at trial shall not be a proper basis for a request for a continuance.

A continuance based on a scheduling or attachment order from another court requires that the foreign order be earlier in time, the party with the conflict to move timely for a continuance, and a copy of the foreign order to be attached.

The foreign order is earlier in time; and (b) The party with the scheduling conflict timely moves for a continuance and attaches a copy of the foreign order.

A late continuance motion may be entertained only if the opportunity to seek it did not previously exist, the defendant was unaware of its grounds, or the interests of justice require consideration.

A later motion shall be entertained only when the opportunity therefore did not previously exist, or the defendant was not aware of the grounds for the motion, or the interests of justice require it.

For cases neither permanently assigned nor on the priority list, a continuance agreed to by the District Attorney and defense may proceed without a formal motion when all three execute an administrative continuance form in the District Attorney’s Office.

Notwithstanding subsections (a) – (d), cases that are neither permanently attached to a judge nor on the priority list may be continued upon mutual agreement of the District Attorney and defense counsel without the filing of a formal motion. Such continuances shall be effectuated by execution by the District Attorney, defense counsel, and defendant of an administrative continuance form in the District Attorney’s Office.

A continuance motion must disclose previously imposed limits and scheduling provisions, including prior orders denying further continuances or fixing a trial date and time.

The subsection’s language also requires that a continuance motion will include any limiting or scheduling provisions previously dictated. For example, provisions in a prior court order that no further continuances will be granted or that trial will commence on a certain date/time must be disclosed.

Mediation ordinarily may not delay required pleadings, ordered return dates, or court hearings unless all interested parties jointly request relief and the court orders it.

Mediation shall not delay the required filing of any pleading or ordered return dates, or the scheduling of Court hearings, unless specifically requested by joinder of the interested parties and so ordered by the Court.