Pennsylvania Motion for Continuance

Introduction

Key Things to Know

1. 1

   Until the court grants your application, the hearing or trial date stands, so attend. Filing it, or the other side's agreement, does not move the date.

2. 2

   Pennsylvania calls this a continuance (Pa.R.C.P. 216; for magisterial district courts, Pa.R.Civ.P.M.D.J. 209).

3. 3

   Rule 216(a) lists grounds: agreement of all parties or attorneys if approved by the Court; illness of counsel of record, a material witness or a party; inability to subpoena or depose a material witness; a special ground in the court's discretion; and a disciplinary-proceeding scheduling conflict of counsel. No ground guarantees a grant.

4. 4

   Magisterial district courts may grant continuances for cause or by agreement (MDJ Rule 209(a)).

5. 5

   Rule 216(c) says applications are made to the court, or filed in writing with the officer in charge of the trial list, after notice by mail or otherwise to all parties or their attorneys. An affidavit is called for on the absent-witness ground (216(a)(3)). Local rules vary by county.

6. 6

   A cause known when the trial list is published must be presented at a time fixed by the court, at least one week before the first day of the trial period (216(c)). Each ground is effective for one application per party or group absent cause shown (216(b)). If a continuance is granted after the preliminary call of the trial list, the court may impose the other side's reasonable costs (Rule 217).

7. 7

   In magisterial district courts, continuances in a small claims civil case may not extend the hearing beyond 90 days from the complaint, and in an eviction case beyond 30 days, except for good cause or agreement (MDJ Rule 209(c)(2)). This page does not state family court rules or an official form; ask the clerk.

Pennsylvania Requirements for Motion for Continuance

• Grounds for Continuance

  Pa.R.C.P. 216(a) lists agreement of all parties or attorneys if court-approved, illness of counsel, a material witness or a party, inability to subpoena or depose a material witness, a special ground in the court's discretion, and a disciplinary-proceeding scheduling conflict of counsel.

• Agreement Needs Court Approval

  Agreement of all parties or their attorneys is a ground only if approved by the Court (Pa.R.C.P. 216(a)(1)).

• Affidavit for Absent Witness

  The ground of inability to subpoena or depose a material witness is shown by affidavit (Pa.R.C.P. 216(a)(3)).

• Notice and Filing of Application

  Applications are made to the court, or filed in writing with the officer in charge of the trial list, after notice by mail or otherwise to all parties or their attorneys (Pa.R.C.P. 216(c)).

• One Week Before the Trial Period

  An application based on a cause known when the trial list is published must be presented at a time fixed by the court, at least one week before the first day of the trial period (Pa.R.C.P. 216(c)).

• One Application Per Ground

  Each ground is effective for only one application per party or group of parties absent cause shown in special cases (Pa.R.C.P. 216(b)).

• Costs After Preliminary Call

  If a continuance is granted after the preliminary call of the trial list, the court may impose the opposing party's reasonable costs, and unpaid costs bar further steps without leave (Pa.R.C.P. 217).

• District Court Cause or Agreement

  Magisterial district courts may grant continuances for cause or by agreement (Pa.R.Civ.P.M.D.J. 209(a)).

• District Court 90 and 30 Day Limits

  Continuances may not extend a civil hearing beyond 90 days, or a landlord-tenant hearing beyond 30 days, from the complaint, except for good cause or agreement, with one continuance per party (MDJ Rule 209(c)(2)).