Criminal continuances must be filed at least 2 days prior to court for a Judge to review. For felony cases, the Commonwealth Attorney's office must consent. If these are unable to be satisfied, a motion must be filed.
Continuances are filed in person or by phone. A clerk will process a first continuance request, a Judge will review a second continuance request. For misdemeanor charges, including DWIs, a Judge must review all continuance requests, and some further requirements must be met.