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

CRITICAL

Unless all parties consent otherwise, a rescheduled conference must be held within twenty days of its original date.

Absent consent by all parties, the rescheduled conference shall be held within twenty days of the originally scheduled date.

CRITICAL

Should a moving party wish to reschedule the presentation of an application to the court, a written notice of that intent and a revised notice of presentment shall be filed and a copy provided to the prothonotary for delivery to the court; a copy shall also be served by the moving party on all other parties, specifying the new date on which the motion will be presented to the court. The new date shall be in accordance with the notice requirement set forth in York R.C.P. 208.3(a)(2).

Should a moving party wish to reschedule the presentation of an application to the court, a written notice of that intent and a revised notice of presentment shall be filed and a copy provided to the prothonotary for delivery to the court; a copy shall also be served by the moving party on all other parties, specifying the new date on which the motion will be presented to the court. The new date shall be in accordance with the notice requirement set forth in York R.C.P. 208.3(a)(2).

CRITICAL

Once a hearing is scheduled and notice is given, no party may continue it unilaterally; the Chairperson alone may grant a continuance and must give notice of it.

(d) Continuance by parties. Once the case has been scheduled for a hearing and the parties notified as provided in subsection (b) hereof, there shall be no unilateral continuance. A request of a party or counsel for continuance of such scheduled hearing shall be granted only by the Chairperson of the Board to a specific date, time and place, and notice thereof shall be given by the Chairperson to all parties, board members and the District Court Administrator. At the discretion of the Chairperson, a continued arbitration hearing may be held at a suitable, neutral location away from the assigned hearing location, such as a law office conference room, provided that the location is not more than five miles from the Judicial Center. For any case in which a continued hearing cannot be held within twenty days of the date originally scheduled date, the Chairperson shall direct the removal from the Arbitration List without prejudice to any party to relist the matter again.

CRITICAL

If a continued hearing cannot be held within twenty days of its original scheduled date, the Chairperson must remove the case from the Arbitration List without prejudice to relisting.

For any case in which a continued hearing cannot be held within twenty days of the date originally scheduled date, the Chairperson shall direct the removal from the Arbitration List without prejudice to any party to relist the matter again.

CRITICAL

A continuance request must be filed with the prothonotary in accordance with York R.C.P. 208.3(A) and the form’s directions.

Any request for continuance shall be filed with the prothonotary in accordance with York R.C.P. 208.3(A) and the directions set forth within the form.

CRITICAL

A continuance application must be presented to the conciliator at least two business days before the conference.

The application shall be presented to the conciliator not less than two business days prior to the conference.

CRITICAL

All continuance requests must use the court-promulgated application for continuance form.

All continuance requests shall be made on the application for continuance form promulgated by the court.

CRITICAL

A case may not be continued after it has been called for trial unless exceptional circumstances exist.

(f) Absent exceptional circumstances, a case shall not be continued after it has been called for trial at the call of the trial list.

CRITICALCriminal cases

A continuance application must generally be filed at least 10 days before trial, and the applicant must contact the opposing party and state the reasons and whether the request is opposed or agreed.

Any application for a continuance of the trial date shall be filed at least ten (10) days in advance of the date for trial, unless grounds for the motion did not exist prior to that time. (1) The party applying for a continuance shall contact the opposing party to determine whether there is any opposition for the requested continuance. (2) The application for continuance shall state specifically the reasons for the continuance, and shall further state whether there is concurrence with the request or whether the request is opposed.

CRITICAL

Before seeking a continuance, the moving party must contact the other interested parties, state their positions and any objection’s reason in the application, and file it under York R.C.P. 205.1; the court’s forms are expected to be used, and party agreement does not guarantee a continuance.

In all matters in which a proceeding has been scheduled by the court and in which a continuance is sought, the moving party shall first contact all other parties in interest to determine whether there is an objection to the continuance. The application shall state either that there is no objection from any other party, or if there is an objection, the application shall state the reason for the objection. The parties are expected to use the forms developed by the court for such purpose. The moving party shall file the application pursuant to York R.C.P. 205.1. Agreement to a continuance by all parties does not ensure that a continuance will be granted by the court.

WARNINGCriminal cases

When a defendant requests a continuance, the court may deny it or continue the case to a specified date or for later listing by the district attorney.

(2) If the defendant requests continuance, the court may deny the request, or grant the request and continue the case, either to a date-certain or date-and-judge-certain later in the term as requested by the district attorney, or for listing by the district attorney in a subsequent term.

WARNING

A local agency may request an extension to file the record if it shows good cause.

A local agency may request an extension of time for filing the record upon good cause shown.