Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 06-484

THE COURTS

Title 255--LOCAL
COURT RULES

DAUPHIN COUNTY

Promulgation of Local Rules; (Amending 1793 S 1989); No. 0091-4 MD 2006

[36 Pa.B. 1399]

Order

   And Now, this 2nd day of March, 2006, Dauphin County Local Rule of Criminal Procedure 106 is amended as follows:

Rule 106. Continuances Where Case Set For    Jury Trial
(a)  All motions for a continuance shall be in writing and filed with the Clerk of Courts no later than 4:00 p.m. on the [Wednesday] Tuesday prior to the week of criminal jury trials during which the case is scheduled for trial. A copy of the motion shall be served on opposing counsel by the same deadline.
The motion shall contain a procedural history of the case, beginning with date of filing of the criminal complaint, and a recitation of any prior continuances sought. The motion shall aver whether opposing counsel has been contacted concerning the motion and shall state counsel's position thereon.
In cases which have been permanently attached or temporarily assigned for disposition, the motion shall be addressed to the assigned judge. All other cases shall be referred to the motions judge.

*      *      *      *      *

COMMENT: Subsection (a)'s language that the ''motion shall contain a procedural history of the case, beginning with the date of filing of the criminal complaint, and a recitation of any prior continuances sought'' establishes the Court's expectation that the motion contain dates of previously-sought continuances. Furthermore, if a case is not called during a particular term of court without a formal motion being made and granted, its rescheduling to the next term of court is a de facto continuance which should be disclosed as part of the procedural history of the case.
This subsection's language also requires that a continuance motion will include any limiting or scheduling provisions previously dictated. For example, provisions in a prior court order that no further continuances will be granted or that trial will commence on a certain date/time must be disclosed.

   This rule shall be effective 30 days after publication in the Pennsylvania Bulletin.

By the Court

RICHARD A. LEWIS,   
President Judge

[Pa.B. Doc. No. 06-484. Filed for public inspection March 24, 2006, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.