Pennsylvania Motion for Trial Continuance — Personal Injury: A Comprehensive Guide In the legal landscape of Pennsylvania, a Motion for Trial Continuance pertaining to Personal Injury cases holds significant importance. This motion allows parties involved in personal injury lawsuits to request a postponement or delay of the trial, providing a valid reason for the continuance. This article provides a detailed description of the Pennsylvania Motion for Trial Continuance — Personal Injury, shedding light on its purpose, procedure, and applicable types. Purpose: The primary purpose of filing a Motion for Trial Continuance in a personal injury case is to address unforeseen circumstances or unavoidable situations that may hinder the parties from proceeding with the scheduled trial. This motion allows for a necessary and fair delay, ensuring the parties have ample time to prepare, gather evidence, assess damages, or negotiate a settlement. It promotes justice by ensuring that both parties have an equal opportunity to present their case effectively and thoroughly. Procedure: 1. Drafting the Motion: To initiate the process, the party requesting the trial continuance must draft a written motion. It should clearly state the reasons justifying the need for a continuance and provide supporting documentation, such as medical reports, accident reports, or expert opinions to strengthen the motion's merit. 2. Filing the Motion: The drafted motion must be filed with the court in which the personal injury case is pending. The party making the request must ensure that a copy of the motion is served to the opposing party, allowing them an opportunity to respond or object. 3. Scheduling a Hearing: After filing the motion, the court may schedule a hearing to evaluate the grounds for the requested continuance. During the hearing, both parties will have an opportunity to present their arguments and counter-arguments before the judge. 4. Judge's Decision: The judge will carefully assess the reasons presented by both parties and make a decision regarding the grant or denial of the motion. Factors such as the validity of the grounds, the impact on the opposing party, and the overall interests of justice will be taken into consideration. Types of Personal Injury Motions for Trial Continuance: 1. Medical Condition Continuance: Parties may file this type of motion if one of the parties or key witnesses suffers from a severe medical condition that prevents their appearance at trial or adversely affects their ability to prepare adequately. 2. New Evidence Continuance: If critical evidence or information comes to light shortly before the trial, which was previously unknown or unavailable, the party may file a motion to request more time to incorporate this newly discovered evidence into their case. 3. Settlement Negotiation Continuance: Parties involved in personal injury litigation may opt to pursue settlement negotiations. In such cases, either or both parties may request a continuance to enable them to engage in meaningful settlement discussions and potentially resolve the case without going through a trial. 4. Conflicts with another Trial: If any of the parties, attorneys, or key witnesses are involved in another trial scheduled for the same time period, a motion can be filed to request the trial to be postponed, allowing full participation and ensuring no conflict of interest. Conclusion: The Pennsylvania Motion for Trial Continuance — Personal Injury serves as an important legal tool to ensure fairness and justice in personal injury cases. Whether due to medical conditions, new evidence, settlement negotiations, or conflicts with other trials, valid reasons can warrant a trial continuance. Properly presenting a motion that conforms to the court's requirements is crucial for a successful request. Understanding the purpose and available types of motions for trial continuance is essential for attorneys and parties involved in Pennsylvania personal injury litigation.
Pennsylvania Motion for Trial Continuance - Personal Injury
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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.
Applications for continuances shall be made to the court, or filed in writing with the officer in charge of the trial list, after giving notice of such application by mail, or otherwise, to all parties or their attorneys.
I RESPECTFULLY REQUEST that the Court grant my Request for Continuance. I ALSO REQUEST that the Court award any other relief it considers fair and proper. I ? DO request an oral hearing in front of the judge on this motion. I declare under penalty of perjury that the foregoing is true and correct.
AFFIANT is any responsible person capable of taking an oath who signs, swears to, affirms, or, when permitted by these rules, verifies a complaint and appreciates the nature and quality of that person's act.
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.
(f) A request for a continuance or postponement made within 10 calendar days prior to the hearing date will not be considered unless the judge is satisfied that circumstances relating to the requested continuance or postponement occurred within 10 calendar days of the hearing date.
Illness, death or withdrawal of counsel in civil cases are also reasons for granting a continuance. Absence of witness or evidence. Absence or incapacity of counsel. Absence of party. Surprise. Other grounds.