Order For Continuance Of Trial Date In Philadelphia
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216. Rule 216 - Continuances: Absence of Witness or Attorney (a) Every motion for continuance because of the absence of a witness who has not been served with a subpoena shall be supported by an affidavit as required by Pa. R.C.P.
Continuance requests must be in writing. All continuances must be received at least 2 business days prior to the Trial or Hearing. (Witnesses, who are required to attend by subpoena, must make their request through the party for whom they are testifying.)
Typically, there's no limit on the number of continuances that a defendant can request. That said, a judge won't look favorably on repeated requests, especially if they appear to be delay tactics. Repeated requests, made without good cause, will be denied. (The judge could also reprimand the lawyer.)
The Magisterial District Judge is prohibited from granting more than one continuance to each party. Any subsequent continuance by either party may be granted only by the President Judge, or his designee, upon completion and with just cause shown on the approved aforementioned continuance request form.
Hearings will only be continued for a valid reason. To request a continuance, send a letter to Patricia R. McDermott, Deputy Court Administrator, 34 S. 11th Street, 5th Floor, Philadelphia, PA 19107, with a copy to the other parties at least ten days before the hearing date.
There is no set number because there are any number of reasons a continuance could be asked for. Trial Date #1: Prosecution asked to continue because the arresting officer is working an accident scene and cannot get to court. Trial Date #3: Prosecution asks to continue because the victim is in the hospital.
A “motion for a continuance” is a request asking the judge to make an order changing your hearing date. If the judge grants your motion, your court date will be postponed to a later time. For most requests for continuances, you must provide the judge with a suitable reason (“good cause”) for postponing your court date.
You can file a written request or motion justifying the need for a continuance that may be granted or denied. You will need to contact the other party to see if they are willing to agree to the continuance, which will enhance your ability to get the continuance.
Hearings will only be continued for a valid reason. To request a continuance, send a letter to Patricia R. McDermott, Deputy Court Administrator, 34 S. 11th Street, 5th Floor, Philadelphia, PA 19107, with a copy to the other parties at least ten days before the hearing date.
