The rules governing the hearing of an appeal usually provide that the appeal will be heard in the order of its filing. However, on motion to advance the hearing directed to the discretion of the court and supported by a showing of good cause, the hearing usually may be heard out of regular order. Good cause generally is prescribed as a situation in which the appeal involves important questions affecting the public interest, questions that are similar to those in a case scheduled ahead, the allowance or denial of a temporary injunction, matters controlling the settlement of an estate, the jurisdiction of the court below, and criminal cases.
Title: Understanding Montana Motion to Advance Cause on Calendar: Types and Procedure Description: Montana Motion to Advance Cause on Calendar is a legal process through which a party involved in litigation moves to expedite their case's progression on the court's schedule. This detailed description aims to explain the purpose, procedure, and potential types of Montana Motion to Advance Cause on Calendar, while incorporating relevant keywords. I. Key Concepts: 1. Montana Motion to Advance Cause on Calendar: — In Montana civil litigation, parties may file a motion requesting the court to accelerate the timeline for their case to be heard. — This motion seeks to move the case forward to a specific hearing, trial, or resolution, allowing parties to avoid undue delays. 2. Efficiency in Legal Proceedings: — The Motion to Advance Cause on Calendar in Montana's judicial system aims to promote the efficient administration of justice. — The court encourages parties to resolve disputes promptly, preventing cases from languishing on crowded dockets. II. Procedure for Motion to Advance Cause on Calendar: 1. Filing the Motion: — Parties seeking advancement must draft a formal written document known as the "Motion to Advance Cause on Calendar." — The motion must include strong justifiable reasons for acceleration, such as impending witness unavailability or potential harm due to delays. 2. Serving the Motion: — The party who files the motion must serve a copy to the opposing party or parties involved in the litigation. — Proper service ensures all parties are aware of the request for advancement and have an opportunity to respond. 3. Opposition or Agreement: — Upon receiving the motion, the opposing party has the right to respond or object to the request. — The opposition may provide reasons why the case should not be expedited or suggest alternative solutions. 4. Judicial Decision: — After reviewing the motion and considering any objections raised, the court will determine whether to grant or deny the request. — Factors influencing the court's decision might include the case's complexity, potential harm in delayed resolution, and the availability of court resources. III. Types of Montana Motion to Advance Cause on Calendar: 1. Motion to Accelerate Trial Date: — Parties requesting an earlier trial date can file this motion when they believe prompt resolution is crucial due to significant financial, personal, or public implications. 2. Motion to Expedite Discovery: — This motion aims to hasten the discovery process, involving obtaining evidence and information vital to the litigation. — The requesting party typically illustrates the urgent need for discovery due to rapidly changing circumstances or potential evidence deterioration. 3. Motion to Move Decision Hearing: — Parties seeking swift resolution on a pending motion, such as a summary judgment motion, can file this motion. It requests the court to schedule the hearing sooner, enabling a faster decision. In conclusion, the Montana Motion to Advance Cause on Calendar enables parties involved in litigation to expedite the progression of their case when reasonable grounds exist for an early resolution. By understanding the procedure, various types, and the importance of efficiency, litigants can effectively utilize this process to streamline their legal matters. Keywords: Montana, Motion to Advance Cause on Calendar, litigation, expedite, parties, procedure, efficiency, filing, serving, opposition, judicial decision, types, accelerate trial date, expedite discovery, move decision hearing, legal proceedings.
