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

CRITICALCivil cases

The Master must grant a continuance request when both parties consent in writing; other requests are discretionary, and if the Master denies one, the parties may petition the Court, which may grant it.

(1) A request shall be granted by the Master if both parties consent in writing. (2) All other requests for continuance shall be at the discretion of the Master, unless otherwise ordered by the Court. (4) In the event the Master fails to grant the continuance, the parties may petition the Court for a continuance. The Court may grant a continuance and will determine the amount of additional master's fees, if appropriate.

CRITICALCivil cases

A trial continuance requires just cause; in non-jury cases, absent exigent circumstances, the motion must be made at least ten days before trial, state its reasons, and be presented to the assigned judge.

(a) When a case is listed for trial, it shall not be continued except for just cause. Except in the case of exigent circumstances, all motions for continuance must be made at least ten (10) days before the start of the trial in non-jury cases. All motions for continuance must include the reasons for the request and must be presented to the assigned judge.

CRITICALCivil cases

A scheduled custody trial or hearing before a hearing officer may not be cancelled without leave of court; the cancellation motion must go to the designated judge, and signed party consent must be attached if all parties agree to cancellation.

A scheduled trial shall not be cancelled without leave of court. A motion to cancel the trial shall be presented to the judge assigned to the custody trial. A scheduled hearing before a hearing officer shall not be cancelled without leave of court. A motion to cancel the hearing before a hearing officer shall be presented to the family motion court judge. If all parties agree to the cancellation, signed consent of the parties shall be attached to the motion.

CRITICALCivil cases

A custody-hearing continuance request must be made in writing, include the written consent of all parties, and be presented to the Custody Office for consideration by the hearing officer.

(3) Continuance requests for custody hearings will be considered only if made in writing and containing the written consent of all parties. Such requests shall be presented to the Custody Office for consideration by the hearing officer.

CRITICALCriminal cases

A continuance motion must include the listed case, prior-request, incarceration, reason, delay-attribution, and adverse-party information, and must include a signed speedy-trial waiver when the parties agree to attribute the delay to the defendant.

A motion for continuance must include the following: 1) a complete list of all pending charges, 2) the date the criminal complaint was filed, 3) the number of previous continuances requested by the moving party, 4) an indication of whether the defendant is incarcerated at the time of the filing, 5) the reasons that a continuance is being requested, 6) the party to which the period of delay should be attributed, 7) when the parties agree that the period of delay should be attributed to the defendant, the filing must include a signed waiver of speedy trial rights from the first day of the trial term from which the case will be continued to the first day of the next available trial term. (The “next available trial term” shall mean the second trial term from the date of the request for continuance.); and 8) the position of the adverse party and any other parties in the case.

CRITICALCivil cases

If a request to reschedule an arbitration hearing is granted, the requesting party or arbitrator must arrange the rescheduling, coordinate available dates, and prepare and send written notices.

(c) In the event that a party or an arbitrator requests that the hearing be rescheduled and if that request is granted as provided herein, then that party or arbitrator shall undertake the work needed to reschedule the hearing, including contacting the Court Administrator to obtain available dates and coordinating those dates with all counsel, parties and arbitrators, as well as preparing and dispatching all required written notices of the rescheduled hearing.

CRITICALCriminal cases

Continuance requests must be made in writing no later than 48 hours before the first day of the trial term.

A motion for continuance shall be made not later than 48 hours before the first day of the trial term. Notice as to the first day of each trial term shall be published by the court in its annual schedule. All requests for continuances must be made in writing.

CRITICALCivil cases

An agreement to continue or reschedule an argument or hearing is enforceable only if the assigned judge grants the request, made by written motion or in open court.

(c) No agreement to continue or reschedule an argument or hearing date is enforceable unless a request for same is granted by the judge before whom the argument or hearing is scheduled, upon written Motion or request in open court.

CRITICALCivil cases

An agreement to extend or vary a time limitation is enforceable only if made in writing or on the record in open court.

(a) No agreement to vary time limitations set by law, procedural rule, or court order is enforceable unless made in writing or of record in open court.

CRITICALCivil cases

A scheduled arbitration may not be canceled or rescheduled without the Chairman’s written authorization or a court order based on good cause; otherwise, it must proceed as scheduled.

(b) In no event, shall a scheduled arbitration be canceled or rescheduled without written authorization of the Chairman or order of court obtained upon a showing of good cause. If such authorization or order is not obtained, the arbitration shall be held as scheduled.

CRITICALCivil cases

A scheduled office conference or hearing before a hearing officer may be cancelled only with the parties’ written consent or leave of court.

A scheduled office conference and/or hearing before a hearing officer may not be cancelled without the written consent of the parties, or leave of court.

CRITICALCriminal cases

A requested change to the sentencing date must be made directly with the assigned sentencing judge, who has discretion over the request.

Any change requested on this date must be made directly with the assigned sentencing judge and subject to his/her discretion.

CRITICALCivil cases

Mediation does not delay time limitations or hearing or argument dates unless the court orders a delay upon written motion or request in open court.

Mediation shall not delay time limitations, or hearing or argument dates, unless ordered by the court upon written motion or request in open court.

CRITICALCivil cases

If emergency guardianship is needed beyond the 72-hour limit, the petitioner may move to extend it under Motion Court procedure; the extension order must state an expiration date subject to the stated 20-day or 30-day limit, unless a permanent proceeding has been initiated.

If the need for emergency guardianship continues beyond the 72 hour time limitation set forth at PEF Code Section 5513, the petitioner may present a motion to extend the emergency guardianship following the procedure for Motion Court under Erie O.C.R. 3.0. The proposed order extending emergency guardianship shall state the date it expires, which shall be no later than 20 days from the date of expiration of the initial emergency order for guardianship of the person, or 30 days from the date of expiration of the initial emergency order for guardianship of the estate, unless a permanent guardianship proceeding has been initiated pursuant to section PEF Code Section 5511.

CRITICALCivil cases

A continuance motion made with the agreement of all counsel must be signed by all counsel or the parties.

Motions for continuance which are being made with the agreement of all counsel must be signed by all counsel or parties.

WARNINGCivil cases

If the responding party does not consent to cancelling an office conference or hearing, the requesting party may present a motion to cancel in motion court with notice under Local Rule 440.

If a responding party does not consent to cancel an office conference or hearing, a motion to cancel may be presented in motion court by the requesting party with proper notice pursuant to Local Rule 440.

WARNINGCivil cases

The Register may extend any time limit prescribed by the Local Rules on the Register’s own motion or on an interested party’s motion.

The Register, upon their own motion, or upon the motion of any Interested Party, may extend any limitation of time prescribed by these Local Rules.

WARNING

Interviews and a recommendation must be completed within the 30-day period unless the President Judge grants an extension.

Unless the President Judge grants an extension of time, interviews shall be completed and a recommendation to the President Judge shall be made within the 30 day time period.

WARNINGCivil cases

If the Court grants a second consecutive continuance request, it may strike the case from the trial list, and re-certification is then required to place the case on a future trial list.

If a second consecutive continuance request is granted by the Court at the request of either counsel or an unrepresented party, the Court, in its discretion, may strike the case from the trial list. Re-certification v.ill then be required to have the case placed on a future trial list.

WARNINGCivil cases

The Court may act on a missed brief deadline unless the time is extended by the Court or by stipulation.

Ifthe brief ofeither the moving party or non-moving party is not filed within the time periods above stated, unless the time shall be extended by the Court or by stipulation, the Court may then, or any time subsequent thereto:

WARNINGCriminal cases

A continuance motion filed before the deadline is considered by the pre-assigned judge; after the trial term commences, it must be considered by the judge presiding at trial.

Any motions for continuance filed before the deadline shall be considered by the pre-assigned judge. After the term commences, all motions for continuance must be considered by the judge who will preside over the case at trial.

WARNINGCivil cases

The Court may act on a missed brief deadline unless the time is extended by the Court or by stipulation.

If the brief of either the objecting party or non-moving party is not filed \vithin the time periods above stated, unless the time shall be extended by the Court or by stipulation, the Court may then, or any time subsequent thereto:

WARNINGCivil cases

Modification or extension of time limits in an existing case management order is within the assigned judge’s discretion.

The modification or extension of the time limitations set forth in the existing case management order shall be at the discretion of the assigned judge.

WARNINGCivil cases

If either party's brief is late, the court may impose the stated consequences unless the court extends the time or the parties stipulate to an extension.

If the brief of either the moving party or non-moving party is not filed within the time periods above stated, unless the time shall be extended by the Court or by stipulation, the Court may then, or any time subsequent thereto:

CRITICALCriminal cases

The motion form requests the reason for the continuance, the number of prior continuances, opposing counsel’s position, and the requested trial term.

4. The undersigned counsel requests a continuance because [ENTER REASONS]. 5. This case was continued on [ENTER NUMBER] previous occasion(s) by the Commonwealth/Defendant. 7. [ENTER ADVERSE COUNSEL][objects/does not object] to the relief requested. WHEREFORE, [ENTER PARTY] respectfully requests this Honorable Court continue the trial in this case to the [ENTER MONTH] term of Court.