material evidence in the form of papers, documents and the like, it is usually necessary to show that a subpoena duces tecum has been issued. A continuance in a civil case can be granted because of the death or illness of a party to the action. Absence or incapacity of counsel The absence of counsel is a recognized ground for continuance of a civil case. A court is not required to grant a postponement merely because a party's attorney is absent. The court may require that the party seeking the continuance to show the reasons that the counsel is absent. Absence of party The absence of a party may be grounds for a continuance of a civil case. Factors considered legitimate in an absence are illness or disability. It must be determined by the court whether the absence of a party or witness is material to the case, and whether there have been prior continuances or delays. Absence because of voluntary intoxication is not a proper reason to continue a civil case. Absence because of mental illness may or may not be a legitimate reason for a continuance of a civil trial. Surprise A party may have a good ground for a continuance of a civil case when through no fault of their own, it is taken by surprise by the conduct of its adversary and would be unjustly prejudiced if forced to proceed without being given an opportunity to prepare to meet the new situation. Surprises include an amendment or substitution of pleadings. Lack of time to prepare for a new complaint is a reason for a continuance. If the amendment requires the production of new evidence, a continuance may be granted. Other grounds A continuance may be granted because more time is needed to prepare for trial. Where a defendant in a civil proceeding is entitled to have interested persons joined as parties (added to the list of plaintiffs or defendants in the case), and it is shown at the trial that those persons have not been included in the petition, he is entitled to a postponement of the trial until they can be joined. A civil case may be continued to allow proper service to another party. A pending, intervening proceeding may be the legitimate reason for a continuance. Procedure Application for a continuance Applications for continuance usually must be in writing and given to both the