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.
A New Jersey Motion to Advance Cause on Calendar is a legal request to expedite the scheduling of a particular case or motion in the court's calendar. It is a way to prioritize a specific matter and bring it to resolution more quickly. Several types of Motions to Advance Cause on Calendar are commonly encountered in New Jersey courts: 1. Motion to Advance Trial: This type of motion seeks to accelerate the trial date for a case. It is typically used when there are pressing circumstances or reasons to expedite the resolution of the dispute, such as imminent harm or time-sensitive issues. 2. Motion to Advance Motion Hearing: When a party wants to speed up the hearing date for a pending motion, they can file a Motion to Advance Motion Hearing. This motion aims to shorten the time between the filing of the motion and its scheduled hearing, allowing for a quicker resolution. 3. Motion to Expedite Discovery: In situations where one party believes that a delayed discovery process might adversely affect their case, they can file a Motion to Expedite Discovery. This motion requests that the court move the discovery phase forward, enabling the parties to gather evidence, interview witnesses, and complete necessary disclosure requirements at an accelerated pace. 4. Motion to Advance Appellate Argument: Once an appeal is filed, either party may file a Motion to Advance Appellate Argument. This motion seeks to expedite the date on which the appeal will be heard in the appellate court, ensuring a swift resolution of the matter. 5. Motion to Advance Cause on Calendar for Other Purposes: Apart from the specific motions mentioned above, parties may file motions requesting an advancement of a cause on the court's calendar for various other reasons. For instance, a party may seek a prompt resolution to protect their constitutional rights or in cases of significant public interest. In all these cases, the motion must include a persuasive argument explaining why the matter deserves expedited treatment. The court's decision to grant or deny the motion will ultimately depend on the specific circumstances and the judge's discretion. Overall, a New Jersey Motion to Advance Cause on Calendar serves as a powerful tool for litigants to seek a fast-track resolution for their cases, hearings, or other legal proceedings. Properly filed and effectively argued motions can significantly impact the timeline of a legal matter, allowing the parties to reach resolution promptly.
