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.
South Dakota Motion to Advance Cause on Calendar is a legal procedure that allows parties to request their case be scheduled for a hearing or trial earlier than its originally scheduled date. This motion urges the court to expedite the proceedings and move the case forward on the calendar. It is designed to accommodate situations where a party has an urgent need for resolution or believes a delay in the proceedings could lead to prejudice. By filing a Motion to Advance Cause on Calendar, the party seeks to convince the court that there are compelling reasons for prioritizing their case. The motion should provide a detailed explanation of why advancing the case is necessary. Typically, this motion includes relevant facts, legal arguments, and supporting evidence to substantiate the party's claims. There may be various types of Motions to Advance Cause on Calendar in South Dakota, depending on the circumstances and nature of the case. Some common categories include: 1. Emergency Motions: These motions are filed when immediate action is required due to imminent harm, potential danger, or to prevent irreparable damage. Emergency motions seek to expedite the scheduling of a hearing or trial to address the urgent matter. 2. Expedited Motions: These motions are usually filed when there is a legitimate need for swift resolution, but the situation may not be classified as an emergency. Expedited motions provide strong justifications for advancing the case on the calendar without delay. 3. Case Complexity Motions: In cases involving intricate legal issues or extensive factual discovery, parties may request the court to advance the case on the calendar to ensure fair and efficient proceedings. These motions often highlight the complexity involved and the need to avoid undue delay. 4. Prejudice-based Motions: If one party believes that the delay in the proceedings could lead to prejudice, they may file a motion to advance the cause on the calendar. Prejudice can arise due to evidence deterioration, witness unavailability, or other factors that may hinder a fair adjudication process. In all types of South Dakota Motion to Advance Cause on Calendar, it is vital to provide sufficient legal arguments and evidence supporting the urgency or harm that would result from delay. The court will then evaluate these motions based on their merit and the overall judicial calendar to determine whether advancing the case is justified.
