Dauphin Cnty. C.P. Rule 106-Continuances

* RULE 106. CONTINUANCES

(a) All contested motions for a continuance shall be in writing and filed with

the Clerk of Courts no later than 4:00 p.m. on the Tuesday prior to the

week of criminal jury trials during which the case is scheduled for trial. A

copy of the motion shall be served on opposing counsel by the same

deadline.

The motion shall contain a procedural history of the case, beginning with

date of filing of the criminal complaint, and a recitation of any prior

continuances sought. The motion shall aver whether opposing counsel

has been contacted concerning the motion and shall state counsel’s

position thereon.

In cases which have been permanently attached or temporarily assigned

for disposition, the motion shall be addressed to the assigned judge. All

other cases shall be referred to the motions judge.

(b) The Court Administrator will assign all such motions to the motions judge

who will either dispose of the motion on its face or assign the motion to the

judge assigned to the case for trial or plea.

(c) A later motion shall be entertained only when the opportunity therefore did

not previously exist, or the defendant was not aware of the grounds for the

motion, or the interests of justice require it.

(d) A later motion shall be presented only in open court before the business

court judge or the judge assigned to the case for trial. Reasonable notice

shall be afforded opposing counsel prior to the presentation of the motion

in open court.

(e) Notwithstanding subsections (a) – (d), cases that are neither permanently

attached to a judge nor on the priority list may be continued upon mutual

agreement of the District Attorney and defense counsel without the filing of

a formal motion. Such continuances shall be effectuated by execution by

the District Attorney, defense counsel, and defendant of an administrative

continuance form in the District Attorney’s Office.

COMMENT: Subsection (a)’s language that the “motion shall contain a procedural

history of the case, beginning with the date of the filing of the criminal complaint, and a

recitation of any prior continuances sought” establishes the Court’s expectation that the

motion contain dates of previously-sought continuances. Furthermore, if a case is not

called during a particular term of court without a formal motion being made and granted,

its rescheduling to the next term of court is a de facto continuance which should be

disclosed as part of the procedural history of the case.

The subsection’s language also requires that a continuance motion will include any

limiting or scheduling provisions previously dictated. For example, provisions in a prior

court order that no further continuances will be granted or that trial will commence on a

certain date/time must be disclosed.