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HomeMy WebLinkAbout39- 216. Grounds for Continuance Adopted by Order of Court Dated December 7, 1993 Published at 23 Pa. Bull. (December 25, 1993) Rule 39-216. Grounds for Continuance 39-216.1. If the identity of a witness is known and the witness is available for service, a subpoena shall be served at least four (4) days previous to the day on which the witness is to appear. A cause will not be continued on account of the absence of a witness who might have been found and served as herein required. 39-216.2. No application for a continuance shall be granted if based on a cause existing and known at the time of the Pre-trial Conference unless the same is presented to the Court at least one (1) week prior to the date fixed for trial of the case. 39-216.3. The Court may, on its own Motion, or upon application of a party, pass or continue a case pursuant to Pa.R.C.P. 216(E) after the Pre-trial Conference because of the absence of a witness, not a party, who has not been served with a subpoena.