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.

Absolutely. You would just need to draft it and explain why you need the continuance.

(2) For purposes of this section, "good cause" includes, but is not limited to, those cases involving murder, as defined in subdivision (a) of Section 187, allegations that stalking, as defined in Section 646.9, a violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or Section ...

Continuances may be granted for cause or by agreement. B. Continuances shall be to a specific time and date. The magisterial district judge shall note continuances on the docket and shall promptly give or mail to the parties written notice of continuances.

Illness, death or withdrawal of counsel in civil cases are also reasons for granting a continuance. Absence of witness or evidence. A civil case may be continued due to a lack of evidence or witnesses. Absence or incapacity of counsel. Absence of party. Surprise. Other grounds.

If the parties to a case are in agreement, it is more likely that the court will agree to change the hearing date. Even if the other party does not agree, you may still contact the court to request a continuance of the hearing date.

Continuances Based on Inadequate Time Presenting a case without being adequately prepared could violate the defendant's Sixth Amendment right to counsel. If the defense appears to be seeking a continuance simply as a delay tactic, and no unexpected event has occurred, the judge will deny the continuance.

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The presence of witnesses to establish these elements is not required at the preliminary hearing. Information not included in the Claim Fact Sheet shall not be admissible at trial. e.The Claim Fact Sheet shall be substantially in the following form:. If the prosecution in a criminal trial asks for a continuance due to an unavailable witness, will it automatically be granted? Defense Continuances will not only push back the speedy trial clock for the purposes of Rule 600(A)(2), it will also delay your release on nominal bail. Trial in a court case in which a written complaint is filed against the defendant shall commence within 365 days from the date on which the complaint is filed. Continuances are permitted at the discretion of the judge. When is the deadline to file pre-trial motions? If the prosecution fails to do so, then the defense attorney may file a motion to dismiss the case with prejudice pursuant to Rule 600(A). The defendant's or counsel's illness is good cause for a continuance, though the court may demand proof (including medical testimony).

Trial Continuance Without Evidence In Philadelphia

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