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.
North Carolina Motion to Advance Cause on Calendar is a legal procedure used to expedite the scheduling of a court hearing or trial. It allows a party to request the court for an earlier date on the court's calendar than the one originally assigned. This motion is typically filed when there is a need to resolve the case quickly due to certain circumstances or urgent reasons. When filing a Motion to Advance Cause on Calendar in North Carolina, the party must provide valid grounds for the request and convince the court that it is necessary to expedite the proceedings. The judge has discretion in granting or denying the motion based on the merits presented. There are different types of Motions to Advance Cause on Calendar that can be filed in North Carolina depending on the nature of the case. Some examples include: 1. Civil Motion to Advance Cause on Calendar: This is filed in civil lawsuits where the party seeks to speed up the trial date due to factors such as impending statute of limitations, potential harm if delay occurs, or the need for prompt resolution. 2. Criminal Motion to Advance Cause on Calendar: This type of motion is filed in criminal cases when the defendant's right to a speedy trial has been violated, or there is an urgent need to resolve the matter, such as witness availability or potential harm to the defendant. 3. Family Law Motion to Advance Cause on Calendar: This applies to cases involving family law matters, such as divorce, child custody, or child support. The party filing the motion may present valid reasons such as the best interest of the child, financial hardships, or the need to establish or modify support arrangements promptly. 4. Probate Motion to Advance Cause on Calendar: This motion is applicable in probate court when there are time-sensitive issues related to the administration of an estate, including the distribution of assets or resolving disputes among heirs or beneficiaries. In conclusion, a North Carolina Motion to Advance Cause on Calendar is a legal tool used to expedite court hearings or trials in various types of cases. It allows parties to request an earlier date on the court's calendar based on valid grounds. The specific type of motion filed depends on the nature of the case, such as civil, criminal, family law, or probate. However, the ultimate decision to grant or deny the motion lies with the judge based on the presented merits.
