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

CRITICAL

Mediation does not delay required pleading filings, ordered return dates, or court hearings unless all Interested Parties jointly request a delay and the Court orders it.

(e) 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.

CRITICAL

An extension application to join an additional defendant must be made by motion, verified when it alleges facts not appearing of record; the court may act immediately on presentation.

Application to the court for an extension of time in which to file a praecipe or complaint to join an additional defendant shall be by motion, duly verified, if facts not appearing of record are averred. The court, if it so chooses, may act upon said motion immediately upon its presentation.

CRITICALCriminal cases

Arraignment must occur within ten days after the indictment or information is filed unless the court postpones it for cause shown.

(a) Arraignment shall take place no later than ten (10) days after the indictment or information has been filed, unless otherwise postponed by the court for cause shown.

CRITICALCriminal cases

A continuance request made after preparation of the criminal trial list but before the scheduled trial date is subject to the stated procedural requirements.

Motions for continuances, if made at any time after the criminal trial list has been prepared but prior to the scheduled trial date, shall be in writing and served on the defendant and his counselor the Commonwealth, as the case may be.

CRITICAL

A continuance application must be submitted to the assigned judge at least seven days before the first day of the listed hearing or trial term.

An application for continuance of a hearing or trial must be submitted to the assigned judge at least seven (7) days before the first day of the hearing or trial term for which the case is listed.

CRITICAL

A case listed for argument may be continued only upon a showing of good cause satisfactory to the court.

No case listed for argument will be continued except for good cause shown to the satisfaction of the court.

WARNING

A time prescribed by these rules for an act may be extended or shortened by written agreement of the parties or court order.

The time prescribed by any rule herein for the doing of any act may be extended or shortened by written agreement of the parties or by order of court.

WARNING

The judge has discretion to grant or deny a continuance after considering timeliness, prejudice, the stated reasons, and other relevant factors.

The grant or denial of an application for continuance shall be in the discretion of the judge giving due consideration to the timeliness of the application, any prejudice to the opposing party or counsel, the reasons offered for the continuance, and any other factors deemed relevant by the judge.

WARNING

The assigned judge may grant additional time to file briefs.

The judge to whom the matter has been assigned may grant additional time for the filing of briefs or may require supplemental briefing by the parties.

WARNING

Motion court scheduled for a legal holiday is postponed to the next regular motion-hearing day.

Motion court due to be held on a legal holiday will be postponed to the next regular day of hearing motions.

WARNING

The court may allow the defendant more than thirty days to state and file the account for cause shown.

(a) Time for filing Account. When a judgment has been entered directing the defendant to account to the plaintiff, the defendant shall, within thirty (30) days, unless the court shall for cause shown allow a longer time, state the account and file the statement thereof in the office of the Clerk of Judicial Records, and shall at the same time serve a copy of said account upon all adverse parties to whom the defendant has been ordered to account.

WARNING

A continuance application must rely on grounds set forth in Pa. R.Civ.P. 216.

The grounds for continuance shall be those set forth in Pa. R.Civ.P. 216.