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PA Bulletin, Doc. No. 96-2006




Rule of Civil Procedure 216: Continuances; No. 961R

[26 Pa.B. 5805]


   And Now, this 18th day of November 1996, the Court hereby adopts the following Bradford County Rule of Civil Procedure, to be effective thirty (30) days after the date of publication in the Pennsylvania Bulletin or January 1, 1997, whichever is the latter date.

   It is further ordered that the District Court Administrator shall file seven (7) certified copies of this Rule with the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, one (1) certified copy to the Civil Procedural Rules Committee and one (1) copy to the Bradford County Law Journal for publication in the next issue of the Bradford County Law Journal.

   It is further ordered that this local rule shall be kept continuously available for public inspection and copying in the Prothonotary's Office.

By the Court

President Judge

B.C.R.C.P. 216


   (1)  A motion for a continuance shall be made in writing unless exceptional circumstances prevent a written motion.

   (2)  Before making a motion for continuance, every reasonable effort shall be made to notify and seek the agreement of all interested parties.

   (3)  The written motion shall be in substantially the following form:


   NOW COMES ______ (name of party), (by and through (his) (her) (its) attorney, ______ (name of attorney),) and moves for a continuance as follows:

   1.  The above-captioned matter is scheduled for__________ (nature of proceeding, i.e., argument, hearing, arraignment, etc.) on the _____ day of ______ , 199__ , at ____m., before _________________ (name of judge, master, etc.).

   2.  The moving party for said proceeding is __________(name of party whose claim is to be heard).

   3.  The opposing parties are:
______ represented by: ______
______ represented by: ______
______ represented by: ______
______ represented by: ______

   4.  The proceeding was scheduled by__________(order or notice) dated ______  (date).

   5.  The proceeding (has) (has not) been previously continued ( ______ time(s)). (The moving party has obtained a continuance ______ time(s).

   6.  A continuance is requested because_______________________________________________ .
(If a continuance is requested because of a conflicting court matter, state: the name of the case; the court; the nature of the scheduled proceeding; the date, time and expected duration of the conflicting proceeding; the date of the order or notice scheduling the conflicting proceeding.)

   7.  [  ]   The following parties have been notified of this request and have no objection:

   [  ]   The following parties have not been notified of this request:

   Efforts to notify the above-named parties include:



___________________________ .

   [  ]   The following parties objected to the continuance for the reason stated herein:




___________________________ .

   8.  I hereby certify that if a continuance is granted, the party moving for the continuance will be provided a copy of this motion forthwith and I will notify all witnesses who would be appearing at my request.

   9.  I specifically request a continuance

[  ]   of not less than __________

[  ]   of not more than ______ (or)

[  ]   to the next available date.

Respectfully submitted,   

   (4)  A motion for continuance shall be accompanied with a proposed order in substantially the following form:


   And Now, this ____ day of ______ , 199__ , upon consideration of the attached motion of ________________ (moving party) requesting a continuance:

[  ]   the motion is denied.

[  ]   the motion is granted and the matter scheduled for ______ (date) at _____ m. (time) before __________(name of judge, master, etc.)is hereby continued until ______ (date) at _____ m. (time).

   The moving party shall promptly notify all interested parties of this order.



   (5)  A motion for a continuance shall be made as soon as possible after the circumstances necessitating the request become known.

[Pa.B. Doc. No. 96-2006. Filed for public inspection November 29, 1996, 9:00 a.m.]

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