Section 2313. Advancement or Continuance  


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  • (a) Advancement.—Advancement of the argument of a case, or change from the normal place of argument, shall be allowed only on application. Ordinarily advancement will be granted to the earliest open date convenient to the court, allowing about the usual time contemplated by these rules for the service and filing of the briefs and any reproduced record, unless the objection shall set forth good cause why the case should not be advanced.

    (b) Continuance.—Continuance of the argument of a case to a later argument list than that designated in the notice from the prothonotary shall be allowed only on application. The appellate court or a designated judge of the appellate court may grant a continuance upon application of less than all parties without notice to the other parties when exigent. A continuance shall be granted only for compelling and persuasive reasons.

    Official Note

    Rule 3305 provides that in the Supreme Court, the prothonotary may dispose of motions generally relating to calendar control. In the Superior Court, continuances are handled by the presiding judge of the panel. In the Commonwealth Court, continuances are handled by the president judge or duty judge. In each appellate court, the application is to be submitted to the prothonotary and not to an individual judge of the appellate court.

The provisions of this Rule 2313 amended December 10, 1986, effective January 31, 1987, and shall govern all matters thereafter commenced and, insofar as just and practicable, matters then pending, 16 Pa.B. 4951; amended July 7, 1997, effective in 60 days, 27 Pa.B. 3503. Immediately preceding text appears at serial pages (115454) to (115455).