Notice of Motion
A Notice of Motion is a written application to the court. It is used to ask a County Registrar or a judge for directions or decisions relating to a case. It can include matters such as:
- serving documents
- requesting extra time to respond
- arranging court hearings
- requesting orders
Here are the steps to follow:
1. Complete Notice of Motion
In your notice you will need to state what you are asking the court for directions or decisions on. If you have a solicitor, they will do this for you.
The process for allocating a Notice of Motion with a date for court varies by location. Contact your local court office for information on their process before you serve the other party.
2. Grounding Affidavit
A Grounding Affidavit sets out the facts and relevant documents to be considered by the court. You have to swear the facts of the affidavit to be true. This has to be done in person with a solicitor (but not your own solicitor) or a Commissioner for Oaths. This affidavit needs to be completed with the Notice of Motion.
3. Serve the Notice of Motion and file in the court office along with supporting documents
You must serve a copy of the Notice of Motion and grounding affidavit on the other party. You should keep a copy of all documents for your own records. After serving, you must file the following documents in the court office:
- original Notice of Motion
- original grounding affidavit; and
- proof of service on the other party
If the documents are in order, the Notice of Motion will be listed for court.