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.
Massachusetts Motion to Advance Cause on Calendar is a legal procedure used to request the court to schedule a case for an earlier hearing date. This motion is commonly filed by parties who believe that an expedited resolution of the case is necessary due to various reasons such as urgency, impending deadlines, or the need to resolve legal issues promptly. A Motion to Advance Cause on Calendar can be filed in different types of cases, including civil, criminal, and family law matters. Each type of case may have its own specific rules and requirements for filing the motion. Generally, the moving party needs to provide a valid reason for requesting an accelerated hearing and convince the court that advancing the case is in the best interest of justice. In civil cases, a party may file a Motion to Advance Cause on Calendar when there are time-sensitive issues, such as impending foreclosure sales, evictions, or the need to preserve evidence that may be lost or destroyed if the case is not expedited. This type of motion is intended to prioritize cases with significant impact on the parties involved or the public interest. In criminal cases, a Motion to Advance Cause on Calendar may be filed to expedite the trial date, especially when a defendant is held in custody awaiting trial. Factors such as the defendant's rights, public safety concerns, or the duration of pretrial detention may contribute to the court's decision to grant or deny the motion. In family law cases, parties may utilize a Motion to Advance Cause on Calendar to request an expedited hearing for matters pertaining to child custody, visitation, or support. Time-sensitive issues involving child welfare, imminent danger, or relocation may warrant an accelerated resolution. To file a Motion to Advance Cause on Calendar in Massachusetts, the moving party must typically draft a written motion stating the grounds for their request, provide appropriate legal citations, and serve copies of the motion to all involved parties. It is important to ensure compliance with the relevant court rules and procedures, as failure to do so may result in the denial of the motion or delay in scheduling. In summary, a Massachusetts Motion to Advance Cause on Calendar is a legal mechanism that allows parties to request an expedited hearing date for their case. It is available in civil, criminal, and family law matters, with each type having its own unique considerations. Successfully obtaining an expedited hearing requires a valid reason supported by legal arguments and adherence to procedural requirements.
