It is generally recognized that a trial court has inherent power or authority to control or manage its trial calendar and to take whatever reasonable actions are necessary to maintain control of its docket. The court is afforded wide discretion in the maintenance of its docket, and any decision pertaining thereto will not be overturned without a showing of breach or abuse of that discretion.
Technically, the primary responsibility for moving a case on for trial rests with the plaintiffs and their attorneys, not the defendants or the trial court. Rule 16(b)(3) of the Federal Rules of Civil Procedure provides that the case may be set for trial as part of the scheduling order by the district judge or magistrate judge.
A motion for leave of court is a legal document filed by one party in a court proceeding seeking permission or authorization from the court to take a specific action. This motion is typically filed when a party wants court approval to deviate from standard procedures or rules. A motion for leave of court sample would be a template or a reference document that outlines the format and language to be used when drafting such a motion. It is used as a guide to ensure that the motion accurately presents the party's request to the court. There are different types of motions for leave of court sample, depending on the specific action being requested. Some common types include: 1. Motion for Leave to Amend Pleadings: This motion is filed when a party seeks permission to modify or change their original legal pleadings, such as a complaint or answer. It is often necessary when new evidence or legal arguments arise during the course of the case. 2. Motion for Leave to File Late: Sometimes, a party may miss a deadline to file a document or take an action required by the court. In such cases, a motion for leave to file late is filed, requesting the court's permission to submit the document or take the action after the deadline has passed. 3. Motion for Leave to Intervene: This motion is submitted by a third party who wishes to join an ongoing court proceeding as an intervening party. It seeks court approval and demonstrates the party's interest in the case. 4. Motion for Leave to Depose Additional Witnesses: Occasionally, a party may need to depose witnesses who were not originally included in the witness list. This motion seeks the court's permission to interview additional witnesses beyond the scope of the initial list. 5. Motion for Leave to Conduct Discovery: In some instances, a party may want to conduct additional discovery after the completion of the discovery period. This motion requests the court's permission to engage in further investigation or gather more evidence. Each of these types of motions for leave of court sample would have its unique structure, legal arguments, and supporting documents. It is essential to tailor the content of the motion sample to the specific circumstances of the case and adhere to the court's rules and procedures.A motion for leave of court is a legal document filed by one party in a court proceeding seeking permission or authorization from the court to take a specific action. This motion is typically filed when a party wants court approval to deviate from standard procedures or rules. A motion for leave of court sample would be a template or a reference document that outlines the format and language to be used when drafting such a motion. It is used as a guide to ensure that the motion accurately presents the party's request to the court. There are different types of motions for leave of court sample, depending on the specific action being requested. Some common types include: 1. Motion for Leave to Amend Pleadings: This motion is filed when a party seeks permission to modify or change their original legal pleadings, such as a complaint or answer. It is often necessary when new evidence or legal arguments arise during the course of the case. 2. Motion for Leave to File Late: Sometimes, a party may miss a deadline to file a document or take an action required by the court. In such cases, a motion for leave to file late is filed, requesting the court's permission to submit the document or take the action after the deadline has passed. 3. Motion for Leave to Intervene: This motion is submitted by a third party who wishes to join an ongoing court proceeding as an intervening party. It seeks court approval and demonstrates the party's interest in the case. 4. Motion for Leave to Depose Additional Witnesses: Occasionally, a party may need to depose witnesses who were not originally included in the witness list. This motion seeks the court's permission to interview additional witnesses beyond the scope of the initial list. 5. Motion for Leave to Conduct Discovery: In some instances, a party may want to conduct additional discovery after the completion of the discovery period. This motion requests the court's permission to engage in further investigation or gather more evidence. Each of these types of motions for leave of court sample would have its unique structure, legal arguments, and supporting documents. It is essential to tailor the content of the motion sample to the specific circumstances of the case and adhere to the court's rules and procedures.
