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Trial Ask For Continuance In Pennsylvania
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Multi-State
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US-0004LTR
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Word;
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FAQ
It could disrupt the court's schedule and the right to a speedy trial. The number of continuencesMoreIt could disrupt the court's schedule and the right to a speedy trial. The number of continuences allowed can vary based on the specific case and the policies of the court.
Or if witnesses are not available the court might grant a postponement. One there is a generalMoreOr if witnesses are not available the court might grant a postponement. One there is a general understanding that a court case should not be postponed for more than about 8.
If the request is made less than 5 court days before the hearing on the Petition, an Ex Parte Application is required to seek a continuance, or the party may appear at the scheduled hearing and request a continuance.
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.
Valid reasons could include medical emergencies or unforeseen scheduling conflicts. Absence of party. If a party involved in the case is unable to appear in court due to involuntary or uncontrollable circumstances, such as sudden illness, their counsel may request a continuance.
Four judges have a lot of discretion. When it comes to granting continuences. They need to balanceMoreFour judges have a lot of discretion. When it comes to granting continuences. They need to balance the need for efficiency. And a speedy trial with the need for fairness. And adequate preparation.
The law does not provide any certain rules for the number of times a case may be continued. Therefore, there is no limit to the number of continuances that may be granted. Likewise, there is no absolute right to any continuances at all.
Except in the case of unforeseeable circumstances, such as sudden illness or death in family a request for rescheduling of a hearing shall be in writing and filed with the Hearing Board no later than 7 days before the scheduled hearing date.
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.
Pursuant to Pennsylvania Rule of Criminal Procedure 106(C), a motion for a continuance on behalf of a defendant must be made at least 48 hours prior to the time scheduled for the Summary Appeal Hearing. A request by a defendant made within 48 hours of the time set for the hearing will not be considered.
