REQUEST FOR CONTINUANCE - MISDEMEANOR. Generally whether or not to grant a continuance is within the discretion of the trial Court.If you or the other side want to ask the court to do something in a case, you must ask in written court papers called a Motion or an Order to Show Cause. In Orange County, you should make sure to appear and timely file your CMC Statement. Keep copies of all the original documents and bring them to the trial. Well, Francois' family was in the process of hiring a new lawyer, and he wanted the lawyer of his choice for the trial–not his appointed attorney. If the court grants your motion for continuance, the hearing or trial will be postponed to the date and time that you requested. Shall not be grounds for a continuance of trial or other event. However, this does not mean that there will never be a delay in a criminal case.