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.
Nebraska Motion to Advance Cause on Calendar is a legal procedure that allows parties involved in a case to request the court to schedule their matter for an earlier hearing or trial date. This motion is typically filed by either the plaintiff or the defendant, who believes that expediting the case would be beneficial for various reasons. It is important to note that the rules and procedures related to the Motion to Advance Cause may vary depending on the specific court jurisdiction. When a party files a Motion to Advance Cause on Calendar in Nebraska, they must provide a persuasive argument to convince the court to grant their request for an accelerated hearing. The motion should outline the justifications for the expedited schedule and demonstrate the necessity of resolving the matter promptly. To increase the chances of success, it is crucial to present strong and compelling reasons such as: 1. Emergency circumstances: If the circumstances of the case require urgent attention, such as potential harm or danger to individuals involved, the court may prioritize the case for an expedited hearing. 2. Administrative efficiency: Parties may request to advance the cause on the calendar to expedite the resolution of the case, especially when it involves complex legal issues or voluminous evidence. This can help avoid unnecessary delays and streamline the judicial process. 3. Witness availability: If key witnesses, whose testimonies are crucial to the case, are only available within a limited timeframe, the party can argue that an expedited hearing is necessary to preserve their testimony and ensure a fair trial. 4. Statutory time limitations: Certain cases might be subject to specific time limitations imposed by statutes or regulations. Parties can invoke these time constraints and request an accelerated schedule accordingly. 5. Judicial economy: The court might consider advancing the cause on the calendar if it believes that an earlier resolution would be in the best interest of justice or would help maintain the court's scheduling efficiency. 6. Agreement between parties: If both parties consent to advancing the cause on the calendar, they can jointly file a motion requesting an earlier hearing, which may be more persuasive to the court. Additionally, it's worth mentioning that Nebraska courts may have different types or names for specific motions used to advance a cause on the calendar, depending on the court level or jurisdiction. For example, there might be different procedures for advancing a cause on the calendar in district courts, appellate courts, or for specific types of cases such as family law or civil litigation. Therefore, it is always important to consult and adhere to the specific rules, procedures, and terminology set forth by the court in which the motion is filed.
