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.
Oregon Motion to Advance Cause on Calendar
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US-03346BG
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Unlike a notice of motion, which is served first then filed, an order to show causes is filed first then served. It is filed before serving because the court sets the motion date, the amount of time for service of the motion, and how the order to show cause must be served.
A motion to modify or set aside an order or judgment or request a new hearing must be accompanied by an affidavit that states with reasonable particularity the facts and legal basis for the motion.
(1) After commencement of any action, any party wishing to perpetuate the testimony of a witness for the purpose of trial or hearing may do so by serving a perpetuation deposition notice.
Summons shall be served, either within or without this state, in any manner reasonably calculated, under all the circumstances, to apprise the defendant of the existence and pendency of the action and to afford a reasonable opportunity to appear and defend.
If you've received an order for show cause, it's critical to contact an attorney immediately. These orders are sent when a judge has concluded that you have violated a legal agreement. For example, perhaps you have violated the terms of your probation or the conditions of a diversion program.
Fill out the Motion for Order to Vacate Judgment/Order of Dismissal/Order of Default and Declaration in Support (MOTION). Fill out the Certificate of Mailing (CERTIFICATE). Fill out and sign the Notice of Proposed Judgment or Order (NOTICE). Make two copies of the MOTION, CERTIFICATE, and NOTICE.
The court may hold a hearing where you can ?show cause? why the court should not terminate your diversion agreement. The court will send notice of such hearings by regular mail. If you fail to appear in court, the court can terminate the diversion agreement and may issue a warrant for your arrest.
At any time before trial, any person who has an interest in the matter in litigation may, by leave of court, intervene. In exercising its discretion, the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.
