Judge Tully's Practices and Preferences

CONTINUANCES:

-       The first two (2) uncontested requests for continuances shall be granted.

  • Complete continuance form and return directly to Court Administration at least two (2) business days prior to the court hearing, if practicable. (For example, if Miscellaneous Court is on Monday, the form must be submitted to Court Administration no later than 4:30 P.M. the Wednesday prior.)
  • The Order will be stamped, the case will be removed from the court list and the defendant will not be required to appear.

-       A request for a continuance beyond the first two (2) shall be made as follows:

  • Prior to the court date: Complete written motion (link below) setting forth the procedural history of the case.  The motion shall also include a proposed date for the continuance which is reasonable to resolve the issue(s) which led to the continuance.  Even if opposing counsel is in agreement with the continuance, you will be required to state the specific reason(s) for the request.
  • If a continuance request is made in the courtroom on the date of the hearing, you will be required to state on the record the specific reason for the continuance and provide a proposed date that is far enough in advance to resolve the reason for the continuance.  Even if opposing counsel is in agreement with the continuance, you will be required to state the specific reason for the request, and explain why a written motion was not filed.

CERTIFICATION OF TRIAL READINESS:

-       This shall be used for every case that is to be scheduled for a criminal trial week without the need for the case to be called in Miscellaneous Court simply to request a trial.  Once the case is listed for trial, no further certificate of trial readiness is required.

PRETRIAL MOTIONS:

-       Hearing on pretrial motions, including, but not limited to suppression motions, will be immediately prior to trial unless a special hearing date is requested in the motion.

  • The attorney of the Commonwealth may request a special in the event a special hearing is not requested by the defendant.