Written by
Jakub Grzybowski
Reviewed by
A notice of motion is a written application to the Court. This document requests the Court to issue a ruling or order on a legal matter. These motions are the first step a party must take before the Court can weigh in on a legal matter. Their purpose is usually to resolve procedural issues, provide mediation or seek judicial direction in a case.
In this article, we’ll discuss the elements of a notice of motion and what it does.
Content
The Uniform Civil Procedure Rules lay out the contents and procedure of what must be included in a notice of motion. A notice of motion for an order must:
- Identify the person who is seeking the order;
- If the person is not a party to the proceedings, identify the address for where the motion will be served;
- Identify who the order will affect;
- Concisely identify the purpose of the order; and
- Explicitly propose the costs claimed in the notice of motion.
Purpose
The purpose of using a notice of motion is usually to clarify or seek direction on matters in dispute. They can also be used to ask for mediation or adjournment of a hearing. A notice of motion will also express when and where the Court will hear the motion. Once the notice of motion is brought before the Court, the party must serve the motion at least 3 days before the hearing date. Service must be done personally if the person is not yet a party to the proceedings or is not an active party to the proceedings. Importantly, if the service of the notice of motion is correctly served, the Court may hear and dispose of the motion in the absence of the opposing party in failure to appear at the required date.
Additionally, a notice of motion normally requires the filing of an affidavit, outlining the facts being relied on and identifying any relevant documents in regards to the order. In return, the opposing party will also file an affidavit outlining the facts behind their case.
A party to the proceedings may lodge a notice of motion at any time, and without representation. A common example is where parties seek a mediator to settle the dispute themselves. The Courts encourage self-resolution to save time and money by ordering a private or court-appointed mediator at no cost.
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Conclusion
When a case has commenced, a notice of motion is the primary way of getting an order made on an issue in the proceedings. This order is not the final order on the case, but an interim one.
It is strongly recommended to seek legal advice when conducting court proceedings.
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