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

CRITICAL

When multiple attorneys represent the same party, one attorney’s absence is not grounds for a continuance or passing the case unless the court finds the reasons satisfactory.

When two or more attorneys are of record for the same party, the absence of one of them shall not be deemed grounds for a continuance or for passing the case, except for reasons satisfactory to the court.

CRITICAL

A continuance of the mediation session beyond the referral-order period requires the assigned judge’s approval.

Any continuance of the mediation session beyond the period prescribed in the referral order must be approved by the assigned judge.

CRITICAL

A defendant’s trial-continuance motion must be made to the assigned Plea Judge at least 48 hours before trial, except when the stated circumstances permit a later motion; the source text ends mid-exception.

(b) A motion for continuance of trial made on behalf of the defendant shall be made to the assigned Plea Judge no later than forty-eight hours before the time set for trial. 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

CRITICAL

A scheduled pre-trial conference may be continued only for just cause and upon order of the pre-trial judge.

a) When a case is scheduled for pre-trial conference, it shall not be continued except for just cause and upon order of the pre-trial judge.

CRITICAL

A continuance request based on an attorney’s unavailability may be entertained only for the listed engagements, illness, or a special or unexpected circumstance making the absence practically involuntary.

A request for continuance on the grounds that an attorney of record is unavailable may only be entertained when that attorney has an engagement in Federal Court, in Pennsylvania Appellate Court, a previously scheduled Common Pleas Court hearing, an illness, or by some special or unexpected circumstance rendering the attorney's absence practically involuntary.

CRITICAL

Good cause must be shown at the Call of the Criminal Trial List to continue a proceeding; otherwise, the court must dismiss it forthwith.

If no good cause for continuing a proceeding is shown at the Call of the Criminal Trial List, an order for dismissal shall be entered forthwith by the Court.

CRITICAL

The Court grants continuances upon cause shown, but not on the hearing date except in emergencies.

Continuances shall be granted by the Court upon cause shown. There shall be no continuances granted on the date of the hearing except for emergencies.

CRITICAL

The Court may grant a continuance in the interest of justice on its own motion or a party’s motion, and must identify the moving party and state its reasons for granting or denying it on the record.

(a) The Court may, in the interest of justice, grant a continuance, on its own motion, or on the motion of either party. The Court shall on the record identify the moving party and state for the record the Court's reasons justifying the granting or denial of the continuance.

CRITICAL

Unless cause is shown in the motion, a continuance motion must be signed by the moving party and counsel; be consented to and signed by all counsel and unrepresented parties or presented as a Priority Motion; attach the prior hearing order and be presented promptly, no later than two weeks after notice was mailed; and provide either at least three mutually available dates or counsel’s unavailability dates for the following three months.

Except for cause shown as stated in the motion, a motion for continuance shall comply with the following requirements: (1) The motion shall be signed by the moving party and counsel for the moving party; and (2) The motion shall be consented to and signed by all counsel, and unrepresented parties of record, or it must be presented as a Priority Motion (in accordance with Fayette County Rule 575); and (3) If the motion is made necessary by a pre-existing hearing commitment, a copy of the order setting such hearing shall be attached to the motion, and the motion for continuance must be presented as soon as possible after the conflict is established, and in no event more than two weeks after the mailing of notice of the hearing that is proposed to be continued; and (4) Counsel must obtain from the Court at least three dates available to all parties and all counsel for the continued hearing. Alternately, each counsel may provide a list of the dates counsel or counsel's client is unavailable during the three-month period following the date the motion for continuance is presented.

WARNING

If an arbitrator has a conflict, another board hears the case that day if available; otherwise the case is continued to the next arbitration day.

If an arbitrator is unable to hear a particular case because of a conflict of interest, the case will be heard by another board of arbitration sitting on the same day. If no other board is sitting on that day, the case will be continued to the next arbitration day.

WARNING

If a hearing cannot be completed on its first day, the board must set when and where it will resume, and the hearing must be completed within ten days after the arbitration day unless the Court allows more time.

When it is not possible to conclude a hearing on the day on which it commences, the board of arbitration will fix the time and place to resume the hearing. Each hearing will be completed within ten (10) days after the arbitration day unless the Court allows a longer time.