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.
Contra Costa County, located in California, allows parties involved in a legal case to file a Motion to Advance Cause on Calendar. This motion is a formal request made by either the plaintiff or the defendant to expedite the progress of a case and have it scheduled for a hearing or trial at an earlier date than originally planned. The purpose of a Motion to Advance Cause on Calendar is to prioritize the resolution of the case due to various circumstances that require swift action. These circumstances can include exigent circumstances, the need for immediate relief, pending statutory time limits, or a request for an early trial date. There are several types of Motion to Advance Cause on Calendar: 1. Exigent Circumstances: This type of motion is filed when there is an urgent need for resolution due to pressing circumstances. For example, if there is a risk of imminent danger or harm to a party involved or if delaying the case could cause irreparable damage. 2. Immediate Relief: This motion is relevant when a party seeks prompt resolution to obtain immediate relief, such as a temporary restraining order, an injunction, or a preliminary injunction. It aims to address time-sensitive matters that cannot wait until the regular hearing or trial date. 3. Statutory Time Limit: Some cases require adherence to specific statutory timeframes, which necessitate the filing of a motion to advance cause on calendar. These time limits can be related to issues such as child custody, child support, or other legal matters where a delayed resolution may cause harm or hardship to the parties involved. 4. Early Trial Date: In certain circumstances, a party may request an early trial date due to reasons such as the availability of witnesses or experts, potential evidence deterioration, or any other valid reason that supports the need for an expedited trial date. To file a Motion to Advance Cause on Calendar in Contra Costa County, California, the party must draft a written motion explaining the grounds for the request. The motion should be accompanied by supporting documents and be filed with the appropriate court and served to all involved parties. Upon receiving the motion, the court will review its merits and may either grant or deny the request. If granted, the court will reschedule the hearing or trial to an earlier date, ensuring the case progresses expeditiously. However, if the motion is denied, the case will continue on its originally scheduled timeline. In conclusion, a Contra Costa California Motion to Advance Cause on Calendar provides parties involved in a legal case with the opportunity to request an expedited hearing or trial date. Whether it's due to exigent circumstances, the need for immediate relief, statutory time limits, or a valid reason for an early trial date, this motion aims to ensure the timely resolution of the case.
