THE COURTS

CARBON COUNTY

Amendment of Local Rules of Criminal Procedure CARB.R.Crim.P. 106 Continuances in Summary and Court Cases; No. CP-13-Ad-0000004-2015

[45 Pa.B. 3215]
[Saturday, June 20, 2015]

Administrative Order No. 9-2015

 And Now, this 27th day of May, 2015, in order to preserve the same requirements for both civil and criminal continuances, it is hereby

 Ordered and Decreed, that effective July 1, 2015, the Carbon County Court of Common Pleas Amends Local Rule of Criminal Procedure CARB.R.Crim.P. 106 governing criminal Continuances in Summary and Court Cases. A copy of the continuance form and Rule 600 Waiver follows for easy reference.

 The Carbon County District Court Administrator is Ordered and Directed to do the following:

 1. File one (1) certified copy of this Administrative Order and Rule with the Administrative Office of Pennsylvania Courts.

 2. File two (2) certified copies, one (1) computer diskette and a copy of the written notification received from the Criminal Procedural Rules Committee with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 3. Publish a copy of this Rule on the Unified Judicial System's website at: http://ujsportal.pacourts.us/localrules/ruleselection.aspx.

 4. Forward one (1) copy for publication in the Carbon County Law Journal.

 5. Forward one (1) copy to the Carbon County Law Library.

 6. Keep continuously available for public inspection copies of the Order in the Clerk of Courts' Office.

By the Court

ROGER N. NANOVIC, 
President Judge

Rule 106. Continuances in Summary and Court Cases.

 (a) All Motions for Continuance shall be filed at least two (2) working days before the scheduled event. Motions shall be filed pursuant to Pa.R.Crim.P. 575 or can be filed by utilizing the attached form titled Motion for Continuance—Criminal. All continuances must indicate the case number, defendant's name, type of event being continued, date of the event being continued and number of previous continuances. A Rule 600 speedy trial waiver must be attached if the defendant consents to this motion for continuance. The moving party shall secure the signature or indicate the position of the opposing party.

 (b) When a Motion for Continuance is requested because of counsel's attachment in another Court, a copy of the attachment shall accompany the Motion for Continuance. If the reason for filing a continuance is that the defendant is ill, receiving medical treatment or in rehabilitation, the attorney/pro se party must provide documentation from the treating physician or other qualified person documenting the defendant's illness or treatment, and, in the case of defendant's rehabilitation, a written statement from the facility at which the defendant is receiving treatment, confirming admission and continued care at such facility.

 (c) When a defendant has two or more cases scheduled for the same date and time, only one continuance motion/form listing all the case numbers is required to be filed. When a continuance is requested for events scheduled for different dates or at different times, a separate continuance motion/form must be filed for each event.

 (d) Upon filing the motion/form in the Clerk of Courts Office, concurrent service of the Motion/Form for Continuance shall be pursuant to Pa.R.Crim.P. 576.

 (e) Any motion filed that is not in compliance with this rule shall be entertained only if the opportunity to timely file it did not exist previously, the defendant was not aware of the grounds for the motion, or the interests of justice so require.

 Failure of any motion/form for continuance to comply with this rule shall be grounds for denying the requested continuance.

CARBON COUNTY COURTS

MOTION FOR CONTINUANCE
CRIMINAL

 I. Motion is hereby made to continue the ______ trial ______ hearing ______ argument ______ conference ______ ARD ______ plea ______ sentencing in the following case:

COMMONWEALTH OF PENNSYLVANIA	NO. _________________
	DATE SCHEDULED ______
VS	NO. OF PREVIOUS CONTINUANCES
_________________	by ______ Commonwealth by ______ Defendant

 II. The Motion is made for the following reasons:

____ Vacation	____ Illness of Atty.	____ Negotiating Settlement*
____ Illness of Party	____ Expert Unavailable	____ Record Incomplete*
____ Late Sub of Atty.	____ Party Unavailable*	____ Conflict—Atty.
____ Atty. Unavailable*	____ Other ___________________________
*Please Explain: _____________________________________

 III. Certificate of Service:

 I certify that as the moving party, I am serving a copy of this continuance this _____ day of ______ , 20______ to the following:

____ Clerk of Courts via ______ Carbon County Courthouse Jim Thorpe, PA 18229 (570) 325-5705—fax	____ Court Administration via ______ Carbon County Courthouse Jim Thorpe, PA 18229 (570) 325-9449—fax
____ District Attorney Office via ______ Carbon County Courthouse Jim Thorpe, PA 18229 (570) 325-3525—fax	____ Defense Counsel via ______ _________________ _________________

 I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

_____________________________
Signature of Moving Counsel/Pro se PartyDateRepresenting

 IV. Defendant ______ consents ______ does not consent to the continuance request. If consented to, attached hereto and made a part hereof is a duly executed waiver of defendant's right to a speedy trial under Pa.R.Crim.P. No. 600.

 V. Motion is (opposed______/not opposed______) for the following reason: _________________

_______________________________________________

_____________________________
Signature of Other Counsel/Pro se PartyDateRepresenting

Rule 600—Speedy Trial
Waiver

Initial the applicable answers:

 1. Do you understand that Rule 600 of the Pennsylvania Rules of Criminal Procedure (Rule 600) requires that your trial begin no later than 180 and/or 365 days from the date on which the criminal complaint charging you with this/these offense(s) was filed with the District Justice of the Peace?

Yes _____  No _____

 2. Do you understand that, with certain exceptions set forth later in this form, if your trial does not begin within the mandatory 180 and/or 365 days period, you may petition the Court to dismiss the charge(s) against you with prejudice and obtain a Court Order ending this prosecution against you for all time?

Yes _____  No _____

 3. Do you understand that any periods of time at any stage of these proceedings in which you or your lawyer were unavailable, and the periods of any continuances in excess of 30 days requested by you or your lawyer at any stage of these proceedings are not counted as part of the time for beginning your trial - that these time periods are excluded from the calculation of the 180 and/or 365 days?

Yes _____  No _____

 4. Do you understand that Rule 600 allows the Commonwealth of Pennsylvania at any time prior to the expiration of the period for commencement of trial to apply for and receive an extension of the period when, despite due diligence by the Commonwealth, your trial cannot begin within the 180 and/or 365 days or any previously extended time period?

Yes _____  No _____

 5. Do you understand that by
(requesting)
(agreeing to) this continuance you are giving up any
(not opposing)
right which you might otherwise have under Rule 600 to obtain a dismissal of the charges(s) against you for failure to comply with that Rule; that you will not be able to complain that you were denied a speedy trial because of the time consumed by this continuance; and that your trial will be considered timely even if the 180 and/or 365 days or any extension thereof would otherwise have run out before the end of the last day of the next trial session, so long as your trial begins either on or before the expiration of the actual or extended date set by Rule 600, whichever date is latest?

Yes _____  No _____

 6. _____ I have reviewed this ''Waiver,'' the Continuance Form and my Rights to a Speedy Trial with my attorney.

   _____ I do not have an attorney and I do not wish to consult with one concerning this ''Waiver,'' the Continuance Form or my Rights to a Speedy Trial.

_________________________________
Signature of DefendantDate

 I hereby certify that I have reviewed this Waiver, the Continuance Form and the Defendant's Rights to a Speedy Trial with the Defendant prior to our signing these forms.

_________________________________
Signature of Defendant's AttorneyDate

[Pa.B. Doc. No. 15-1152. Filed for public inspection June 19, 2015, 9:00 a.m.]

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