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.
Rhode Island Motion to Advance Cause on Calendar is a legal procedure designed to accelerate or prioritize the court process for a particular case. It allows parties involved to request the court to move their case forward on the court's calendar, ensuring a prompt resolution. This motion is commonly utilized when there is a need for expedited hearings or when time is of the essence due to various factors, such as impending deadlines, legal rights preservation, or urgency in obtaining a resolution. In Rhode Island, there are different types of motions to advance cause on the calendar, each serving a specific purpose: 1. Emergency Motion to Advance Cause on Calendar: This type of motion is filed when an immediate and urgent matter needs resolution. Such circumstances may include issues like imminent harm to a person's safety, preservation of evidence, or the prevention of irreparable damage. It seeks to expedite the case's scheduling and timeline to address the pressing matters promptly. 2. Expedited Motion to Advance Cause on Calendar: This type of motion is filed when there are exceptional circumstances that necessitate a quicker resolution, beyond the ordinary timelines. It can be used when a case requires an accelerated hearing due to the parties' agreement or unique circumstances of the case, such as public interest or substantial financial implications. 3. Motion to Advance Cause on Calendar for Statutory Deadlines: In situations where there are specific statutory deadlines related to a case, parties may file this motion to ensure the case is expedited and resolved within the required timeframe. It allows parties to request the court's intervention to prioritize the case's progression to meet the statutory requirements. To initiate the Rhode Island Motion to Advance Cause on Calendar, the party must draft a motion, which is a written request formally submitted to the court. The motion must include a detailed explanation of the reasons necessitating an expedited resolution and the specific relief sought. It is crucial to support the motion with supporting evidence, legal arguments, and relevant case law to strengthen the case for advancing the cause on the court's calendar. Once the motion is filed with the court, it will be reviewed by the judge overseeing the case. The judge will consider the merits of the motion, the urgency of the matter, and any potential opposition from the other party. If the judge grants the motion, the case will be scheduled for an expedited hearing or given precedence over other cases on the court's calendar. In conclusion, the Rhode Island Motion to Advance Cause on Calendar is a powerful legal tool to accelerate the resolution of a case. By utilizing this motion, parties can seek swift justice, ensuring their rights are preserved, and urgent matters are promptly addressed.