Rule 216.Grounds for Continuance.

Adopted September 8, 1938 · Last amended August 8, 2023 · Last verified June 30, 2026

In one sentenceRule 216 lists the grounds for continuing a trial — agreement of the parties, illness, an unavailable material witness shown by affidavit, special grounds, and certain disciplinary or judicial-conduct scheduling conflicts — and limits continuances to one application absent special cause.

Full Text of Rule 216

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) The following are grounds for continuance:

(1) Agreement of all parties or their attorneys, if approved by the Court;

(2) Illness of counsel of record, a material witness, or a party. If requested a certificate of a physician shall be furnished, stating that such illness will probably be of sufficient duration to prevent the ill person from participating in the trial;

(3) Inability to subpoena or to take testimony by deposition, commission, or letters rogatory, of any material witness, shown by affidavit which shall state:

(i) The facts to which the witness would testify if present or if deposed;

(ii) The grounds for believing that the absent witness would so testify;

(iii) The efforts made to procure the attendance or deposition of such absent witness; and

(iv) The reasons for believing that the witness will attend the trial at a subsequent date, or that the deposition of the witness can and will be obtained.

(4) Such special ground as may be allowed in the discretion of the court;

(5) The scheduling of counsel to appear at any proceeding under the Pennsylvania Rules of Disciplinary Enforcement, whether:

(i) as counsel for a respondent-attorney before a hearing committee, hearing officer, the Disciplinary Board or the Supreme Court;

(ii) as a hearing officer or member of a hearing committee; or

(iii) as a member of the Disciplinary Board;

(6) The scheduling of counsel to appear at any proceeding involving the discipline of a justice, judge or magisterial district judge under Section 18 of Article V of the Constitution of Pennsylvania, whether:

(i) as counsel for a justice, judge, or magisterial district judge before the special tribunal provided for in 42 Pa.C.S. § 727, the Court of Judicial Discipline, the Judicial Conduct Board or any hearing committee or other arm of the Judicial Conduct Board; or

(ii) as a member of the Court of Judicial Discipline, the Judicial Conduct Board or any hearing committee or other arm of the Judicial Conduct Board.

(b) Except for cause shown in special cases, no reason above enumerated for the continuance of a case shall be of effect beyond one application made in behalf of one party or group of parties having similar interests.

(c) No application for a continuance shall be granted if based on a cause existing and known at the time of publication or prior call of the trial list unless the same is presented to the court at a time fixed by the court, which shall be at least one week before the first day of the trial period. Applications for continuances shall be made to the court, or filed in writing with the officer in charge of the trial list, after giving notice of such application by mail, or otherwise, to all parties or their attorneys. Each court may, by local rule, designate the time of publication of the trial list for the purposes of this rule.

(d) No continuance shall be granted due to the absence from court of a witness duly subpoenaed, unless:

(1) Such witness will be absent because of facts arising subsequent to the service of the subpoena and which would be a proper ground for continuance under the provisions of Rule 216(a); or

(2) On the day when the presence of such witness is required a prompt application is made for the attachment of such absent witness; or

(3) The witness, having attended at court has departed without leave, and an application for attachment is made promptly after the discovery of the absence of such witness; or the court is satisfied that the witness has left court for reasons which would be a proper ground for continuance under Rule 216(a).

(e) Each Court may adopt local rules providing for the temporary passing of cases or governing applications for continuance because of the absence of a witness, not a party, who has not been served with a subpoena.

(f) Rule 216(b)—(e) and Rule 217 shall not be applicable to a continuance granted for any of the reasons set forth in Rule 216(a)(5) or (6).

End

Plain-English Summary

This rule defines when a case may be put off. The recognized grounds are agreement of all parties (with court approval), illness of counsel, a party, or a material witness (with a physician’s certificate if requested), the inability to secure a material witness shown by a detailed affidavit, and special grounds the court allows in its discretion. Scheduling conflicts arising from attorney-discipline or judicial-conduct proceedings are also grounds.

The rule also limits and times continuances. Except for cause in special cases, a listed ground supports only one application per party or aligned group. A continuance based on a cause known at the prior call of the trial list must be sought at a court-set time at least one week before the trial period, and the rule sets specific conditions for a continuance based on an absent subpoenaed witness.

Frequently Asked Questions

What are the grounds for a continuance?

Agreement of all parties with court approval; illness of counsel, a party, or a material witness; the inability to secure a material witness shown by affidavit; special grounds in the court’s discretion; and certain attorney-discipline or judicial-conduct scheduling conflicts.

How many continuances can a party get?

Except for cause shown in special cases, a listed ground supports only one application made on behalf of one party or group of parties with similar interests. That cap does not reach continuances granted for the attorney-discipline or judicial-conduct scheduling grounds in Rule 216(a)(5) or (6). That cap does not reach continuances granted for the attorney-discipline or judicial-conduct scheduling grounds in Rule 216(a)(5) or (6).

Amendment History

The provisions of this Rule 216 adopted September 8, 1938, effective March 20, 1939; amended October 4, 1961, effective January 1, 1962; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended March 15, 1994, effective upon publication, 24 Pa.B. 1673; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended May 19, 2005, effective immediately, 35 Pa.B. 3289; amended August 8, 2023, effective October 1, 2023, 53 Pa.B. 5108. Immediately preceding text appears at serial pages (311793) to (311794) and (377855).

Source & verification. Rule text, the Official Note, and the amendment history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. · Official text

Also known as: continuancegrounds for continuancepostpone trial