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. 18-680

THE COURTS

Title 255—LOCAL COURT RULES

SCHUYLKILL COUNTY

Local Rule of Criminal Procedure No. 106, Continuances; AD 31-18

[48 Pa.B. 2620]
[Saturday, May 5, 2018]

Order of Court

 And Now, this 24th day of April, 2018, at 9 a.m., the Schuylkill County Court of Common Pleas hereby amends Local Rule of Criminal Procedure No. 106, Continuances, for use in the Schuylkill County Court of Common Pleas, Twenty-First Judicial District, effective 30 days after publication in the Pennsylvania Bulletin.

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

 1) File one (1) copy of this Order and Rule with the Administrative Office of the Pennsylvania Courts via email to adminrules@pacourts.us.

 2) File two (2) paper copies of this Order and Rule and (1) electronic copy in a Microsoft Word format to bulletin@palrb.us with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 3) Publish the local rule on the Schuylkill County Court website at www.co.schuylkill.pa.us.

 4) Incorporate the local rule into the set of local rules on www.co.schuylkill.pa.us within thirty (30) days after publication in the Pennsylvania Bulletin.

 5) File one (1) copy of the local rule in the Office of the Schuylkill County Clerk of Courts for public inspection and copying.

 6) Forward one (1) copy to the Law Library of Schuylkill County for publication in the Schuylkill Legal Record.

By the Court

WILLIAM E. BALDWIN, 
President Judge

RULES OF CRIMINAL PROCEDURE

Rule 106. Continuances.

 All motions for continuance of trial shall be in writing, on forms approved by the Court and served on the opposing party. A motion by the Defendant must be signed by defense counsel or by a pro se Defendant. All such motions shall be heard by the Court each Criminal Term on the date and at the time established by the published Court Calendar.

 The Commonwealth must be represented at the hearing for all continuance motions.

 The presence in Continuance Court of the Defendant and his or her counsel is only required in response to a Commonwealth motion for continuance when the Defendant opposes the motion; however, lack of opposition from the Defendant will not automatically result in the Commonwealth's motion being granted.

 A Defendant who files a motion for continuance pro se must appear in Continuance Court, at which time the Court shall advise the Defendant of his or her rights pursuant to Pa.R.Crim.P. 600 before hearing the motion for continuance.

 The presence of a Defendant who is represented by counsel shall be excused at Continuance Court if the motion for continuance includes a certification by defense counsel, on a form approved by the Court, that counsel has explained to the Defendant his or her rights pursuant to Pa.R.Crim.P. 600 and the impact of a defendant receiving a continuance on those rights, and further certifies that the Defendant is in agreement with counsel's request for the continuance. If the continuance motion fails to include such certification, the Defendant must be present at Continuance Court.

[Pa.B. Doc. No. 18-680. Filed for public inspection May 4, 2018, 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.