The court might not decide on your motion until you file these papers. The earliest that you can file this is 14 days after you file and serve the motion.If the prosecution in a criminal trial asks for a continuance due to an unavailable witness, will it automatically be granted? When contacting the court, please include your citation number or court case number, your full name, phone number, and email address. A person commits criminal nonsupport if, having a spouse, a child, or children under the age of 18 years, the person knowingly fails to provide for the support. No. You still have to appear. It is then up to the judge to continue the hearing and give you a new court date. If you call a lawyer first, he will probably call the court himself and make a date for you to appear, something you could have done yourself. D.H. Oliver, Salt Lake City, for appellant. A jury is instructed that if the evidence in a case supports an affirmative defense, they must find the person charged.