If you are unable to appear on the court date, you may file a request for a continuance, in writing, no less than two business days prior to the court date. A letter of representation (basically, just saying that the attorney intends to take the case if the continuance is granted) can be helpful.Best to file this in writing with the clerk of the court AND send a copy to the other side. The Clerk's Office will only grant a continuance in a civil case if both parties agree to the continuance. The court may require the defendant to appear on the date when the trial or hearing was originally scheduled as a condition of any continuance granted. All civil continuance requests must be submitted in writing. The court's Request for Court Action Form is available to use for continuance requests. The Judicial Council has created forms for requesting a continuance for restraining order cases. A request for a continuance can be written or oral depending on the circumstances. Continuance of the trial to a later date at the discretion of the judge because of: o Request of parties.