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PA Bulletin, Doc. No. 97-1021

THE COURTS

Title 255--LOCAL COURT RULES

FAYETTE COUNTY

Local Rule 301:  Continuances; Criminal Division, No. 69 Misc. of 1997

[27 Pa.B. 3043]

Order

   And Now, this 9th day of June, 1997, pursuant to Rule 6 of the Rules of Criminal Procedure, it is hereby ordered that the above-stated Local Rule be adopted as follows.

   The Clerk of Courts is directed as follows:

   (1)  Seven certified copies of the Local Rule shall be filed with the Administrative Office of the Pennsylvania Courts.

   (2)  Two certified copies of the Local Rule shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   (3)  One certified copy of the Local Rule shall be sent to the State Criminal Procedural Committee.

   (4)  One certified copy shall be sent to the Fayette County Law Library.

   (5)  One certified copy shall be sent to the Editor of the Fayette Legal Journal.

   This Local Rule shall be continuously available for public inspection and copying in the Office of the Clerk of Courts. Upon request and payment of reasonable costs of reproduction and mailing, the Clerk shall furnish to any person a copy of any local rule.

   This local Rule shall be effective 30 days after the date of publication in the Pennsylvania Bulletin.

By the Court

WILLIAM J. FRANKS,   
President Judge

Rule 301.  Continuances.

   (a)  The court may, in the interest of justice, grant a continuance, of its own motion, or on the motion of either party. The court shall on the record identify the moving party and state for the record the court's reasons justifying the granting or denial of the continuance.

   (b)  A motion for continuance of trial made on behalf of the defendant shall be made to the assigned Plea Judge no later than forty-eight hours before the time set for trial. A later motion shall be entertained only when the opportunity therefor did not previously exist, or the defendant was not aware of the grounds for the motion, or the interests of justice require it.

   (c)  The absence of an attorney shall not be deemed to be grounds for a continuance unless such absence is caused by an engagement in Federal Court, a Pennsylvania Appellate Court, a previously scheduled Common Pleas Court hearing, by the attorney's illness, or by some special or unexpected circumstances rendering the attorney's absence practically involuntary. When two or more attorneys are of record for the same party, the absence of one of them shall not be deemed grounds for a continuance or for passing the case, except for reasons satisfactory to the court.

   (d)  Except for cause shown as stated in the motion, a motion for continuance shall comply with the following requirements:

   (1)  The motion shall be signed by the moving party and counsel for the moving party; and

   (2)  The motion shall be consented to and signed by all counsel, and unrepresented parties of record, or it must be presented as a Priority Motion (in accordance with Fayette County Rule 211); and

   (3)  If the motion is made necessary by a pre-existing hearing commitment, a copy of the order setting such hearing shall be attached to the motion, and the motion for continuance must be presented as soon as possible after the conflict is established, and in no event more than two weeks after the mailing of notice of the hearing that is proposed to be continued; and

   (4)  Counsel must obtain from the Court at least three dates available to all parties and all counsel for the continued hearing. Alternately, each counsel may provide a list of the dates counsel or counsel's client is unavailable during the three month period following the date the motion for continuance is presented.

[Pa.B. Doc. No. 97-1021. Filed for public inspection June 27, 1997, 9:00 a.m.]


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