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PA Bulletin, Doc. No. 06-1060



Promulgation of Local Rules; Amending No. 1793 S 1989

[36 Pa.B. 2969]
[Saturday, June 17, 2006]


   And Now, this 1st day of June 2006, Dauphin County Local Rule of Criminal Procedure 106 is amended as follows:

Rule 106.  Continuances [Where Case Set for Jury Trial]

   (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.

*      *      *      *      *

   (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 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.

   This 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.

   This rule shall be effective 30 days after publication in the Pennsylvania Bulletin.

By the Court

President Judge

[Pa.B. Doc. No. 06-1060. Filed for public inspection June 16, 2006, 9:00 a.m.]

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