THE COURTS
SOMERSET COUNTY
Adoption of Rules of Civil Procedure 216 and 216.1; No. 76 Misc. 2002
[32 Pa.B. 6250]
Adopting Order And Now, this 27th day of November, 2002, it is hereby Ordered:
1. Somerset County Rule of Civil Procedure 216 (Som.R.C.P. 216), Continuances In Court Cases, is amended to read in its entirety, as reflected in revised Som.R.C.P. 216, as follows, effective thirty (30) days after publication in the Pennsylvania Bulletin:
2. Somerset County Rule of Civil Procedure 216.1 (Som.R.C.P. 216.1), Form of Continuance Motion, as follows, is adopted, effective thirty (30) days after publication in the Pennsylvania Bulletin:
3. The Somerset County Court Administrator is directed to:
A. File seven (7) certified copies of this Order and the attached Rules with the Administrative Office of Pennsylvania Courts.
B. Distribute two (2) certified copies of this Order and the attached Rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
C. File one (1) certified copy of this Order and the following Rules with the Pennsylvania Civil Procedural Rules Committee.
D. File proof of compliance with this Order in the docket for these Rules, which shall include a copy of each transmittal letter.
By the Court:
EUGENE E. FIKE, II,
President JudgeSom.R.C.P. 216. Continuances in Court Cases.
A. Motions for continuance must be made in writing or of record in open court, unless excused by the court for cause.
B. Absent exceptional circumstances, motions for continuance shall be presented no later than ten (10) days before the date of the proceedings for which the continuance is requested. Thereafter, no motions for continuance will be granted except for substantial reasons which were not previously known or reasonably ascertainable.
C. The motion shall state whether or not the proceedings previously have been continued, and, if so, the number of prior continuances, with identification of the party upon whose motion each continuance was granted.
D. Absent extraordinary circumstances, a request for a continuance based on proceedings scheduled in another Court of Common Pleas will be granted only if the other court's scheduling order was issued before the order scheduling the proceedings for which the continuance is requested.
If the motion is based on conflict with a matter scheduled in another Court of Common Pleas, the scheduling order from the other Court of Common Pleas shall be attached to the motion.
E. Motions for continuance of court cases shall be presented as follows:
1. When at a scheduled call of the list, to the presiding Judge.
2. When a case is on a current trial or argument schedule, to the assigned Judge.
3. In all other cases, Motions Judge practice.
F. Continuances shall operate to effect rescheduling:
1. To a date certain or specific trial session if the Court states a date certain or specific trial session in the continuance order.
2. In all other cases, only upon filing of a scheduling praecipe as provided in Som.R.J.A. 1010 et seq.
G. An order continuing a case ''sec reg.,'' until the next available session, or in terms of similar generality, will not result in rescheduling, or placement on a new trial list.
H. Every motion for continuance shall specify the reasons for the request.
I. The moving party shall certify that prior notice of presentation of the motion has been given to opposing counsel and unrepresented parties.
J. Every motion for unopposed continuance, whether written or oral, shall be joined in by all other parties or counsel of record, or shall certify that all other parties or counsel have been notified of the presentation of the motion and join in or do not oppose the motion.
K. When a civil case is scheduled for pretrial conference, the motion for continuance shall clearly state whether it relates to pretrial conference, or to the trial, or both.
L. An approved form of continuance motion is set forth in Som.R.C.P. 216.1.
M. This Rule does not apply to
1. Continuances of trials before arbitrators which are governed by Som.R.C.P. 1303 F.
2. Continuances of Domestic Relations Section conferences, which are governed by Som.R.C.P. 1910.12.
3. Continuances of hearings before the Domestic Relations Hearing Officer and divorce hearings before the Master.
Som.R.C.P. 216.1. Form Of Continuance Motion.
CIVIL CONTINUANCE REQUEST
) IN THE COURT OF COMMON PLEAS Plaintiff
) OF ) SOMERSET COUNTY, PENNSYLVANIA vs.
) ) ) Defendant
) NO. CIVIL Scheduled before Judge ______ on ______ at ______ . (Time)
For (Type of proceeding):
__________REASON FOR REQUEST: (Attach extra sheet, if necessary)
__________
__________
__________NUMBER OF PRIOR CONTINUANCES:
____ by the plaintiff ____ by the defendantNOTICE OF PRESENTATION OF THE MOTION HAS BEEN GIVEN TO OPPOSING COUNSEL AND UNREPRESENTED PARTIES.
REQUESTING ATTORNEY OR PARTY: (Print) ______ Counsel for: ______ (Sign) ______ OPPOSING COUNSEL OR PARTY: (Print) ______ Counsel for: ______ [ ] Joins In [ ] Does not object [ ] Opposes OPPOSING COUNSEL OR PARTY: (Print) ______ Counsel for: ______ [ ] Joins In [ ] Does not object [ ] Opposes * * * * *
ORDER And Now, this ______ day of ______ , 200 __ , the above Civil Continuance request is GRANTED/DENIED and the hearing/argument is continued. [ ]
Hearing will be rescheduled upon the filing of a new scheduling praecipe by a party. [ ] Hearing is rescheduled for ______ , __ .m., on ______ , 20 __ .
By the Court:
[Pa.B. Doc. No. 02-2268. Filed for public inspection December 20, 2002, 9:00 a.m.]
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