A request for a continuance can be written or oral depending on the circumstances. A request for a continuance filed within five days of a hearing shall be denied unless the reason for the request could not have been ascertained earlier. (1).Best to file this in writing with the clerk of the court AND send a copy to the other side. (b) No continuance shall be granted except upon application to the court. Generally speaking, in most jurisdictions, the granting of a continuance is in the sole discretion of the trial judge. You cannot get a continuance for the purpose of avoiding the law (avoiding sentencing). That is illegal, so a Court won't do that. Q: How should I handle a pre-trial motion for a continuance? A "motion for a continuance" is a request asking the judge to make an order changing your hearing date.