Chester Cnty. C.P. Court of Common Pleas Standard Operating Procedures D

Continuance requests must be sought as soon as possible and are not

favored. Except for certain civil judges who may accept continuance requests by

letter (with a copy to opposing counsel and an indication about whether such

counsel opposes the request) 2, all such requests shall be submitted to the court by

written motion or petition and will only be granted for a compelling reason.

Requests received within forty-eight (48) hours of a scheduled court date are not

likely to be granted, absent exigent circumstances. Successive continuance

requests are likely to be denied. Counsel shall be forthright with the court in

stating the specific reason for the continuance and shall not assume that it will be

granted. The party requesting a continuance will have a significantly greater

chance of having the request granted if opposing counsel has been notified of the

request and consents to it. Please be prepared to discuss any continuance

motion/petition with the judge either in person or by telephone, at the judge’s

request.

Counsel should check with the judge’s secretary about that judge’s preference before sending such a

continuance letter.

In criminal cases, the standard continuance motion/order form must be

used. Criminal trial continuances are generally granted only when counsel appears

in person at the judge’s call of the list.

A copy of any civil court continuance motion/petition and answer

thereto shall be mailed, faxed or personally delivered to the assigned judge’s

chambers.

Family court continuance requests shall be made in accordance with

the standard motion/order form described in C.C.R.C.P. 1930.1.A.(a) and shall be

filed with the Family Court Administrator.

Similarly, orphans’ court continuances should be requested using the

form of motion and order on the Register of Wills/Clerk of the Orphans’ Court

website (www.chesco.org/wills under “Forms”). The motion should be submitted to

the Orphans’ Court Administrator unless otherwise directed by the judge’s

chambers.

Criminal, civil, orphans’ and family court continuance requests shall

state specifically whether opposing counsel has been notified of the request and

whether opposing counsel consents to the request.