SNYDER COUNTY Adoption of Local Rules; Misc. No: 65-2000 [30 Pa.B. 6326] Order And Now, this 10th day of August, 2000, it is hereby Ordered:
1. That the Rules of Civil Procedure of the 17th Judicial District are amended by the adoption of the following Rule:
17CV216. Continuances.
17CV216.1.
A Motion for Continuance shall be in writing, unless exceptional circumstances prevent a written motion. All motions averring facts not of record shall be verified. Before filing a written Motion for Continuance or making an oral motion for continuance every reasonable effort shall be made to notify and seek the agreement of all interested parties. A Motion for Continuance shall be made as soon as possible after the circumstances necessitating the request become known to the moving party.
17CV216.2.
A. A written Motion for Continuance in all civil cases shall be in substantially the following form:
MOTION FOR CONTINUANCE NOW COMES _________________ , by and through (his) (her) (its) attorney, _________________ ,
(Name of Party) (Name of Attorney)
Attorney, and moves for a continuance as follows:1. The above captioned matter is scheduled for
_______________________________________________
(Nature of proceeding, i.e., argument, hearing, trial, etc.)on the ______ day of _________________ , 20 ____ , 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 _________________ dated _________________ .
(Order or Notice) (Date)A copy of the said Order is attached hereto and marked as ''Exhibit A.''
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 the continuance is requested because of a conflicting court matter, a copy of the Order scheduling the conflicting court matter is attached hereto and marked as ''Exhibit B.''
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 opposing parties include:
_______________________________________________
_______________________________________________
_______________________________________________
_____ The following parties objected to the continuance for the reason stated herein: ______
_______________________________________________
_______________________________________________8. I hereby certify that if a continuance is granted I will serve a copy of the order granting the continuance on all parties forthwith and that 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,
_________________B. All written motions requesting a continuance shall include a proposed Order, which shall be placed on top of the Motion for Continuance. The proposed Order shall be in substantially the following form:
ORDER AND NOW, this ______ day of ______ , 20 __ , upon consideration of the attached motion of _________________ requesting a continuance:
(Moving party)
_____ the motion is denied
_____ the motion is granted and the matter scheduled for _________________ at ______ __ .m.
(Date) (Time)
before _________________ is hereby continued until _________________ at ______ __ .m.
(Name of judge, master, etc.) (Date) (Time)
The moving party shall promptly notify all interested parties of this Order and shall serve a copy of this Order upon them.BY THE COURT:
__________
Judge2. That the Rules of Criminal Procedure of the 17th Judicial District are amended by the adoption of the following Rule:
17CR106. Continuances.
17CR106.1.
A Motion for Continuance shall be in writing, unless exceptional circumstances prevent a written motion. All motions averring facts not of record shall be verified. Before a filing a written Motion for Continuance or making an oral motion for continuance every reasonable effort shall be made to notify and seek the agreement of all interested parties. A Motion for Continuance shall be made as soon as possible after the circumstances necessitating the request become known to the moving party.
17CR106.2.
A. A written Motion for Continuance in a criminal case shall be in substantially the following form:
MOTION FOR CONTINUANCE NOW COMES _________________ , by and through (his) (her) (its) attorney, _________________ ,
(Name of party) (Name of Attorney)
Attorney, and moves for a continuance as follows:1. The above captioned matter is scheduled for
_______________________________________________
(Nature of proceeding, i.e., arraignment, omnibus pre-trial hearing, trial, etc.)
on the _____ day of ______ , 20 ____ , at ______ m. before _________________ .
(Name of Judge)2. The opposing party is: _________________ represented by _________________ .
3. The proceeding was scheduled by ______ dated ______ . A copy of the said Order is
(Notice of Order)
attached hereto and marked as ''Exhibit A.''4. The proceeding (has) (has not) been previously continued ______ time(s). The moving party has obtained a continuance ______ time(s).
5. A continuance is requested because ___________________________
_______________________________________________
_______________________________________________
If the continuance is requested because of a conflicting court matter, a copy of the Order scheduling the conflicting court matter is attached hereto and marked as ''Exhibit B.''6. _____ The opposing party has been notified of this request and has no objection.
_____ The opposing party has not been notified of this request.Efforts to notify the opposing party include:
_______________________________________________
_______________________________________________
_____ The opposing party objected to the continuance for the reasons stated herein:
_______________________________________________
_______________________________________________
7. I hereby certify that if a continuance is granted I will serve a copy of the order granting the continuance on all parties forthwith and that I will notify all witnesses who would be appearing at my request.
8. I specifically request a continuance
_____ of not less than ______
_____ of not more than ______ (or)
_____ to the next available date.Respectfully submitted,
_________________B. All written motions requesting a continuance shall include a proposed Order, which shall be placed on top of the Motion for Continuance. The proposed Order shall be in substantially the following form:
ORDER AND NOW, this ______ day of ______ , 2 __ , upon consideration of the attached motion of
_________________ requesting a continuance:
(Moving party)
_____ the motion is denied
_____ the motion is granted and the _________________ scheduled for _________________ at
(Matter being continued) (Date)
______ __ .m. before _________________ is hereby continued until _________________ at
(Time) (Name of Judge) (Date)
______ __ .m.
(Time)
The moving party shall promptly notify all interested parties of this Order and shall serve a copy of this Order upon them.BY THE COURT
______
Judge3. These amendments shall become effective thirty (30) days after publication of this Order in the Pennsylvania Bulletin.
4. The Court Administrator of the 17th Judicial District of Pennsylvania shall, in accordance with Pa.R.J.A. No. 103(c)(1), serve ten (10) certified copies of this Order to the Administrative Office of the Pennsylvania Courts for processing in accordance with Pa.R.J.A. No. 103(c)(2).
By the Court
HAROLD F. WOELFEL, Jr.,
President Judge[Pa.B. Doc. No. 00-2122. Filed for public inspection December 8, 2000, 9:00 a.m.]
