Fay. Cnty. Pa. 216

As amended through September 26, 2023
Rule 216 - Continuances: Absence of Witness or Attorney
(a) Every motion for continuance because of the absence of a witness who has not been served with a subpoena shall be supported by an affidavit as required by Pa.R.C.P. 216(A)(3). The motion may be refused if (i) the party applying or the party's attorney knew of the intended absence of the witness in time to subpoena the witness, or (ii) the witness lives in the state and could, by reasonable diligence, have been subpoenaed within five (5) days of the date set for trial, or (iii) the adverse party stipulates that the witness, if present, would testify to the facts set forth in the affidavit.
(b) The absence of an attorney shall not be deemed to be grounds for a continuance unless such absence is caused by an engagement in a Federal Court, a Pennsylvania Appellate Court, a previously scheduled Common Pleas Court hearing, by the attorney's illness, or by some special or unexpected circumstance rendering the attorney's absence practically involuntary. When two or more attorneys are of record for the same party, the absence of one of them shall not be deemed grounds for a continuance or for passing the case, except for reasons satisfactory to the Court.
(c) Except for cause shown as stated in the motion, a motion for continuance shall comply with the following requirements:
(1) The motion shall be signed by the moving party and counsel for the moving party; and
(2) The motion shall be consented to and signed by all counsel, and unrepresented parties of record, or it must be presented as a Priority Motion; and
(3) lf the motion is made necessary by a pre-existing hearing commitment, a copy of the order setting such hearing shall be attached to the motion, and the motion for continuance must be presented as soon as possible after the conflict is established, and in no event more than two weeks after the mailing of notice of the hearing that is proposed to be continued; and
(4) Counsel must obtain from the Court at least three dates available to all parties and all counsel for the continued hearing. Alternately, each counsel may provide a list of the dates counsel or counsel's client is unavailable during the three-month period following the date the motion for continuance is presented.

Fay. Cnty. Pa. 216

Amended May 9, 1997, effective 8/4/1997.