Motion

Typical Steps in a Motion With Personal Appearance at a General Sitting
Who Does what Rule and Form When

Moving party

Serves and files motion record containing a notice of motion, affidavit(s) in support and written representations*

 

Rules 359, 362, 363 and 364

Form 359

(rules 34 and 35(1) for information on general  sittings)

At least 3 days before the hearing

 

(unless parties otherwise consent or if urgency can be demonstrated to the satisfaction of the court) 

Responding party

Serves and files motion record containing affidavit(s) and written representations*

Rule 365

2 days before the hearing - no later than 2:00 PM on that day

Any party

May conduct cross-examinations on affidavits and file transcript of cross-examination (if any)

Rules 83 and 368

Before the hearing of motion

Court hears and decides the motion

TYPICAL STEPS IN A MOTION WITHOUT PERSONAL APPEARANCE (in writing)
Who Does what Rule and Form When

Moving party

Serves and files motion record containing a notice of motion, affidavit(s) in support and written representations*

 

Rules 359, 362, 363 and 364 and 369(1)

Form 359

At any time

Responding party

Serves and files motion record** containing affidavit(s) and written representations*

Rule 365 and 369(2)

Within 10 days after being served with the moving party’s motion record

Any party

May conduct cross-examinations on affidavits and file transcript of cross-examination (if any)

Rules 83 and 368

Before the Court deals with the motion

Moving party

May serve and file a reply

Rules 369(3)

Within 4 days of service of the responding party’s motion record

Court hears and decides the motion

* Both the moving party and the responding party will need to serve and file a memorandum of fact and law instead of representations if the motion is for a summary judgment or summary trial, an interlocutory injunction, a determination of a question of law or a certification as a class proceeding or if the Court so orders: Rule 366

** A responding party who objects to the motion being submitted in writing indicates in its written representations or memorandum of fact and law the reasons why the court should not decide the motion in writing. The Court may decide to decide the motion in writing or schedule a time and place for its hearing.

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