Fayette Cnty. C.P. Local Rules and Administrative Orders - Amended March 12,... Rule 216

(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. 216(A)(3). The motion may be refused if (i) the party applying or the party's

attorney knew of the intended absence of the witness in time to subpoena the witness,

or (ii) the witness lives in the state and could, by reasonable diligence, have been

subpoenaed within five (5) days of the date set for trial, or (iii) the adverse party

stipulates that the witness, if present, would testify to the facts set forth in the affidavit.

(b) The absence of an attorney shall not be deemed to be grounds for a

continuance unless such absence is caused by an engagement in a Federal Court, a

Pennsylvania Appellate Court, a previously scheduled Common Pleas Court hearing, by

the attorney's illness, or by some special or unexpected circumstance rendering the

attorney's absence practically involuntary. When two or more attorneys are of record for

the same party, the absence of one of them shall not be deemed grounds for a

continuance or for passing the case, except for reasons satisfactory to the Court.

(c) Except for cause shown as stated in the motion, a motion for continuance

shall comply with the following requirements:

(1) The motion shall be signed by the moving party and counsel for the

moving party; and

(2) The motion shall be consented to and signed by all counsel, and

unrepresented parties of record, or it must be presented as a Priority Motion; and

(3) lf the motion is made necessary by a pre-existing hearing

commitment, a copy of the order setting such hearing shall be attached to the

motion, and the motion for continuance must be presented as soon as possible

after the conflict is established, and in no event more than two weeks after the

mailing of notice of the hearing that is proposed to be continued; and

(4) Counsel must obtain from the Court at least three dates available to

all parties and all counsel for the continued hearing. Alternately, each counsel

may provide a list of the dates counsel or counsel's client is unavailable during

the three-month period following the date the motion for continuance is

presented.

NOTE: Amended May 9, 1997, effective August 4, 1997.