Title 255--LOCAL
COURT RULESDAUPHIN COUNTY Promulgation of Local Rules; (Amending 1793 S 1989); No. 0091-4 MD 2006 [36 Pa.B. 1399] Order And Now, this 2nd day of March, 2006, Dauphin County Local Rule of Criminal Procedure 106 is amended as follows:
Rule 106. Continuances Where Case Set For Jury Trial
(a) All motions for a continuance shall be in writing and filed with the Clerk of Courts no later than 4:00 p.m. on the [Wednesday] 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.
* * * * * 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
RICHARD A. LEWIS,
President Judge[Pa.B. Doc. No. 06-484. Filed for public inspection March 24, 2006, 9:00 a.m.]