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.A "motion for a continuance" is a request asking the judge to make an order changing your hearing date. A continuance may only be requested in open court on your court date. You cannot get a continuance for the purpose of avoiding the law (avoiding sentencing). That is illegal, so a Court won't do that. Generally speaking, in most jurisdictions, the granting of a continuance is in the sole discretion of the trial judge. So you file a motion to continue this is requesting the judge give you more time. Notice of the new trial date and time. Fill out all sections of this form except the Order section and file it with the Clerk of the.