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 Dakota Motion to Advance Cause on Calendar is a legal filing that allows parties involved in a legal proceeding in North Dakota to request the court to set a hearing date or advance the current date for a hearing on a specific cause or matter. When filing a Motion to Advance Cause on Calendar in North Dakota, it is essential to include the following information: 1. Title: Start the document with a clear title "North Dakota Motion to Advance Cause on Calendar" at the top center of the page. 2. Case Information: Provide the details of the case, including the court's name, case number, and the parties involved. 3. Caption: Add a caption at the top of the document that includes the caption from the original case, which states the names of the plaintiffs and defendants. 4. Introduction — Briefly explain the primary purpose of the motion, which is to request the court to set a hearing date or advance the existing hearing date for a particular cause or issue. 5. Background — Give a concise summary of the case, emphasizing the cause or matter which requires an expedited hearing. 6. Legal Arguments — Present legal arguments supporting the motion's request, such as the urgency of the situation, potential harm if the hearing is delayed, and the relevance and importance of the cause or issue to be heard. 7. Supporting Evidence — Attach any necessary supporting documents, affidavits, or exhibits that validate the urgency or importance of the cause or matter. These could include relevant correspondence, expert opinions, medical records, or witness statements. 8. Conclusion — Summarize the motion's purpose and request for an expedited hearing, emphasizing the need for swift action by the court. 9. Certificate of Service — Include a certificate of service at the end of the motion, stating that copies have been sent to all parties involved in the case. Different types of North Dakota Motion to Advance Cause on Calendar may vary depending on the type of case or matter being advanced. These can include: 1. Civil Case Motion to Advance Cause on Calendar: Used in civil lawsuits, such as personal injury cases, contract disputes, or family law matters. 2. Criminal Case Motion to Advance Cause on Calendar: Filed in criminal proceedings to expedite the hearing of critical issues, like pretrial motions or arguments related to the speedy trial right. 3. Family Law Case Motion to Advance Cause on Calendar: Filed in family law matters, such as child custody disputes, divorce hearings, or child support modifications, to accelerate the resolution of urgent matters. 4. Probate or Estate Case Motion to Advance Cause on Calendar: Submitted in probate proceedings to prioritize matters like will contest, guardianship issues, or estate distribution. Note: It is recommended to consult an attorney or legal professional familiar with North Dakota law to ensure the accuracy and specific requirements of filing a Motion to Advance Cause on Calendar in the state.
