Motion
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*
|
Form 359 |
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) |
Before the hearing of motion |
|
Court hears and decides the motion |
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* |
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) |
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. |
Date modified: 2019-10-01