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

CRITICALCriminal cases

Continuance motions must be submitted in writing to the Central Court Administrator on a Central Court form, and defendants or witnesses cannot be excused until the presiding judge approves the motion in writing; if denied, the case may proceed without an absent defendant or witness as stated.

Motions for continuances shall be submitted in writing to the Central Court Administrator on forms approved and provided by Central Court. No defendants or witnesses shall be excused until the Motion has been reviewed and approved in writing by the presiding Magisterial District Judge. If the motion is denied and the defendant is not present, it shall result in the case proceeding under Pa.R.Crim.P. Rule 543. If the motion is denied and a witness is not present, the case will move forward without the witness.

CRITICALCriminal cases

The Central Court Administrator may grant or deny a continuance motion filed before the date set for the preliminary hearing.

(C) The Central Court Administrator shall have authority to grant or deny a motion for continuance filed prior to the date set for the preliminary hearing.

CRITICALCivil cases

A party seeking modification of the case track or case-management deadlines must seek all parties’ written concurrence and request the modification by written motion; the Court may modify the order in its discretion or for good cause.

The case track and/or deadlines established by the case management order may be modified by the Court in its own discretion or for good cause shown. A party seeking modification shall seek the written concurrence of all parties and make the request for modification by written motion.

CRITICALCriminal cases

Defendants and witnesses must not be excused until the presiding District Justice has reviewed and approved the continuance motion in writing.

No defendants or witnesses shall be excused until the Motion has been reviewed and approved in writing by the presiding District Justice.

CRITICALCriminal cases

If a defendant or attorney appears to be District Justice shopping, the case may be continued only to a date when that District Justice team is again presiding together.

24. If it appears that a defendant or attorney is attempting to "District Justice shop", the case shall only be continued to a date at which that District Justice team is again presiding as a team.

CRITICALCriminal cases

When a case is continued and the defendant is being held on bail, the presiding Magisterial District Judge or issuing authority must review bail at the same time as the continuance motion.

(F) On all cases continued, where the defendant is currently being held on bail, the presiding Magisterial District Judge or issuing authority shall review bail contemporaneously with the motion for continuance.

CRITICALCriminal cases

The presiding Magisterial District Judge must rule on a continuance motion filed on the date of the preliminary hearing.

(E) The presiding Magisterial District Judge shall rule on any motion for continuance filed on the date scheduled for the preliminary hearing.

CRITICALCriminal cases

If a continuance motion is denied while a witness is absent, the case proceeds without that witness.

If the Motion is denied and a witness is not present, the case will move forward without the witness.

CRITICAL

The Court may modify the case track or case-management deadlines in its discretion or for good cause, and a party requesting modification must obtain written concurrence from all parties and file a written motion.

(1) The case track and/or deadlines established by the case management order may be modified by the Court in its own discretion or for good cause shown. A party seeking modification shall seek the written concurrence of all parties and make the request for modification by written motion.

CRITICALCriminal cases

Before continuing a case under Rules 7 and 8, the District Justice must consider inconvenience or hardship to witnesses, victims, or parties.

Prior to a District Justice dismissing or continuing a case under the provisions of Rules 7 and 8, a District Justice shall give due consideration to any inconvenience or hardship on the witnesses, victims, or parties to the action.

CRITICALCriminal cases

If a continuance motion is denied while the defendant is absent, a warrant must issue for the defendant’s arrest.

If the Motion is denied and defendant is not present, it shall result in a warrant for his or her arrest.

CRITICALCriminal cases

Before continuing a case, the Commonwealth’s attorney and/or defense attorney must be notified when their respective ten-minute appearance periods begin.

Additionally, prior to any action being taken for dismissal or continuance, the attorney for the Commonwealth and/or the attorney for the defendant shall be notified of the commencement of the ten (10) minutes for their respective appearances.

CRITICALCriminal cases

If defense counsel does not appear within ten minutes after the case is called, the District Justice must ask whether the defendant wishes to proceed without counsel or have the case continued; the presiding Justice decides whether to grant a continuance, and any granted continuance should be recorded with its reason and reported to the President Judge.

If an attorney for the defendant fails to appear within ten (10) minutes of being notified of the case being called, the District Justice shall ask the defendant whether they wish to proceed without an attorney or have their case continued. The presiding District Justice shall make the final determination as to whether a continuance is granted. If the District Justice continues the case, a record of the reason for continuance should be made either through use of a court reporter or some other device to memorialize said decision. Said continuance should then be reported to the President Judge of the Court of Common Pleas.

WARNINGCriminal cases

A party requesting or opposing a continuance may obtain review of the Central Court Administrator’s decision by the issuing authority if the party objects to the decision.

(D) The party requesting or opposing the continuance shall have the right to a review of the Central Court Administrator’s decision by the issuing authority if there is an objection to the decision of the Central Court Administrator.

WARNINGCriminal cases

Failure to contact the Central Court Administrator by the cutoff may result in a continuance marked as requested by the defendant.

Failure to contact the Central Court Administrator prior to the cut-off time may result in the case being continued and it will be marked as a continuance requested by the defendant.

WARNINGCriminal cases

If the Commonwealth's attorney has not appeared within ten minutes, the District Justice may continue the case for one week.

If an attorney for the Commonwealth fails to appear within ten (10) minutes, the District Justice may continue the case for a period of one week, may dismiss the case, or ask the officer named on the Complaint if he or she wishes to prosecute the case.

INFOCriminal cases

The court or issuing authority may grant a continuance in the interest of justice on its own motion or on either party’s motion.

(A) The court or issuing authority may, in the interest of justice, grant a continuance on its own motion, or on the motion of either party.

INFOCriminal cases

The Central Court Administrator may grant continuances when a District Justice is unavailable at the Central Court office.

The Central Court Administrator shall have the authority to grant continuances when a District Justice is not available at the Central Court office.