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PA Bulletin, Doc. No. 96-389

THE COURTS

PHILADELPHIA COUNTY

Amendment to Rules of Civil Procedure--Rule 116

[26 Pa.B. 1129]

Order

   And Now, this 20th day of February, 1996, the following amendment to the Rules of Civil Procedure--Rule 116. Notification of Trial and Continuances was amended at the Board of Judges meeting, as General Court Regulation 96-3-MC.

   This Order, becomes effective thirty (30) days after publication in the Pennsylvania Bulletin.

ALAN K. SILBERSTEIN,   
President Judge

Rule 116.  Notification of Trial and Continuances.

   a.  A continuance may be granted, or appropriate administrative action taken in the event of filing of a claim in excess of the Court's jurisdiction, provided written notice of the request for continuance is submitted to the Municipal Court Administrator or his designee and all other parties at least ten (10) days prior to the scheduled trial. Such notice shall certify that:

   1.  The continuance notice is made jointly by all parties or a bona fide attempt was made to have the request made jointly; or,

   2.  Prejudice for specific reasons will result to the notifying party absent continuance; and,

   3.  Notice of the request has been served on all parties.

   b.  Any objection to such request must be received by the Court Administrator not later than five (5) days prior to the scheduled trial and must certify that the objection has been served on all parties.

   c.  The Municipal Court Administrator shall, after the time for response has expired, forward notice of the decision to all parties.

   d.  If a defendant appears without having given notice of intention to defend, where required, claimant shall be granted a continuance, if requested.

   e.  [Contested applications] Applications for continuance made at the time of trial may be granted only for good cause shown.

   f.  The Court may grant continuances when applied for by defendants, served with complaints less than twenty (20) days before trial if the interests of justice require additional time to prepare a defense.

[Pa.B. Doc. No. 96-389. Filed for public inspection March 15, 1996, 9:00 a.m.]


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