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.
New Hampshire Motion to Set Cause for Trial in Federal Court is a legal document that requests a trial date and sets the cause for trial in federal court in the state of New Hampshire. This motion is typically filed by the party who is seeking to initiate the trial proceedings. It is an essential step in the litigation process, ensuring that the case moves forward and is decided by a jury or judge. Key elements of a New Hampshire Motion to Set Cause for Trial in Federal Court include: 1. Title: The motion begins with a title that clearly states its purpose, such as "Motion to Set Cause for Trial in Federal Court." 2. Caption: The caption includes the names of the parties involved in the case, the court name, case number, and the assigned judge's name. 3. Introduction: This section provides a brief overview of the current status of the case, including any relevant dates, prior motions, or orders. 4. Statement of Facts: Here, the party filing the motion presents the relevant facts of the case, demonstrating why a trial is necessary, and explaining why a prompt resolution is essential. 5. Legal Arguments: This section includes the legal basis for requesting a trial date and outlines the applicable federal laws, rules, or regulations that support the need for a trial. 6. Supporting Documents: Any documents that support the justification for setting a cause for trial, such as witness statements, expert opinions, or relevant court orders, are attached as exhibits. 7. Trial Readiness: This part highlights the party's readiness for trial, including the completion of all pre-trial requirements like discovery, mediation, settlement conferences, or alternative dispute resolution processes. 8. Proposed Trial Date: The motion specifically requests a trial date from the court, providing several alternative dates or a preferred time frame for the trial. 9. Relief Sought: The motion concludes with a request for the court to set a cause for trial, assign a trial date, and take any other necessary actions to expedite the trial process. Types of New Hampshire Motions to Set Cause for Trial in Federal Court may include the following: 1. Plaintiff's Motion to Set Cause for Trial: Filed by the plaintiff, this motion seeks to schedule a trial date, allowing the case to move forward. 2. Defendant's Motion to Set Cause for Trial: Filed by the defendant, this motion requests the court to set a trial date and initiate the trial proceedings. 3. Joint Motion to Set Cause for Trial: Filed jointly by both parties, this motion signifies their mutual agreement to proceed to trial and seeks a prompt resolution. 4. Emergency Motion to Set Cause for Trial: Used in urgent circumstances, this motion requests the court to prioritize the trial and expedite the scheduling process. As with any legal document, it is crucial to consult an attorney or legal professional in New Hampshire to ensure the proper preparation and filing of a Motion to Set Cause for Trial in Federal Court. This description provides a general understanding of the purpose and key components of such a motion, but it is essential to tailor the document based on specific court rules and guidelines.
