THE COURTS

BRADFORD COUNTY

Rules of Criminal Procedure No. 301: Continuences; No. 96IR000066

[27 Pa.B. 584]

Order

   And Now, this 9th day of January, 1997, the Court hereby adopts the following Bradford County Rule of Criminal Procedure, to be effective thirty (30) days after the date of publication in the Pennsylvania Bulletin.

   It is further ordered that the District Court Administrator shall file seven (7) certified copies of this Rule with the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, one (1) certified copy to the Criminal Rules Committee and one (1) copy to the Bradford County Law Journal for publication in the next issue of the Bradford County Law Journal.

   It is futher ordered that this local rule shall be kept continuously available for public inspection and copying in the Prothonotary's Office.

By the Court

JEFFREY A. SMITH,   
President Judge

Rule 301. Continuances.

   (1)  A motion for a continuance shall be made in writing unless exceptional circumstances prevent a written motion.

   (2)  Before making a motion for continuance, every reasonable effort shall be made to notify and seek the agreement of the opposing party.

   (3)  The written motion shall be in substantially the following form:

	:	IN THE COURT OF COMMON PLEAS
VS.	:	OF BRADFORD COUNTY, PENNSYLVANIA
	:	NO.

MOTION FOR CONTINUANCE

   NOW COMES ______ , (by and through (his) (name of party)
(her)(its) attorney, _________________ ,) (name of attorney)
and moves for a continuance as follows:

   1.  The above-captioned matter is scheduled for__________ 
__________
(nature of proceeding, i.e., arraignment,
omnibus pre-trial, trial, etc.)
 
on the ____ day of ______ , 19__, at __ m., before  
 _________________.
(name of judge)

   2.  The opposing party is:
 
______ represented by ______

   3.  The proceeding was scheduled by __________(notice of order)   
       dated ______.

   4.  The proceeding (has) (has not) been previously continued (______ time(s)).

   5.  A continuance is requested because __________ 
__________
 

__________(If a continuance is requested because of a conflicting court matter, state: the name of the case; the court; the nature of the scheduled proceeding; the date, time and expected duration of the conflicting proceeding; the date of the order or notice scheduling the conflicting proceeding.)

   6.  [  ]  The opposing party has been notified of this request and has no objection. ______.

   [  ]  The opposing party has not been notified of this request. _________________ .

   Efforts to notify the opposing party include:
 
__________
 
__________

   [  ]  The opposing party objected to the continuance for the reasons stated herein:
 
__________
 
__________

   7.  I hereby certify that if a continuance is granted, I will notify all witnesses who would be appearing at my request.

   8.  I specifically request a continuance

   [  ]  of not less than ______

   [  ]  of not more than ______ (or)

   [  ]  to the next available date.

   Respectfully submitted,
 
   __________

   (4)  A motion for continuance shall have attached to the front a proposed order in substantially the following form:

Order

   AND NOW, this _____ day of ______, 19 ______ , upon consideration of the attached motion of ______ (moving party) requesting a continuance:

   [  ]  the motion is denied.

   [  ]  the motion is granted and the __________(matter being continued) schedules for ______ (date) at _____ m. (time) before _________________ (name of judge) is hereby continued until ______ (date) at ____ m. (time)

   The moving party shall promptly notify all interested parties of this order.

   BY THE COURT:
 
   __________

   (5)  A motion for a continuance shall be made as soon as possible after the circumstances necessitating the request becomes known.
 

[Pa.B. Doc. No. 97-145. Filed for public inspection January 31, 1997, 9:00 a.m.]

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