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  • Notice of Motion

    I am preparing for a regular motion and have not been to court in a while. Am i correct in understanding, that these are the steps:

    1. Find out when regular motions are held in local court and select a date.
    2. Prepare a Notice of Motion and Affidavit
    3. Serve opposing party with at least 7 business days notice
    4. Complete an Affidavit of Service
    5. File an affidavit of service, along with Notice of Motion and General Affidavit
    6. Email/fax confirmation to opposing party
    7. Fax confirmation to court by 2pm, two days before scheduled appearance.

  • #2
    I would like to know the answer to this as well. Would appreciate if someone in the know would respond.

    Comment


    • #3
      Nadia in looking over my recent Notice of Motions which my lawyer filed within past 2 months I believe you have it correct.

      In the Application there was:

      NOTICE TO RESPONDENT
      Remedy claimed or sought (list)
      Grounds for making the application: (list)
      Material or evidence to be relied on: (list -previous relevant judgments, orders, affidavits sworn indicating date sworn)
      Applicable rules: (list)
      Applicable Acts and regulations (list)
      Any irregularity complained of or objection relied on
      How the application is proposed to be heard or considered: (Justice in Chambers, etc.)
      Warning - if he doesn't attend court in person or by lawyer....

      Covering letter from my lawyer to opposing counsel is same date as Clerk of Court filing date which was 14 days prior to hearing.

      Of course they adjourned the matter for 6 weeks (they always do).

      I am in Alberta so you would have to defer to your provincial court rules.

      Comment


      • #4
        Thank you, Arabian.

        I thought I had it spot on when no one responded. But it is always good to get reassurance from the more knowledgeble and experienced members on this forum.

        Comment


        • #5
          Please be aware that the process differs depending on the courthouse. Asking your local court for assistance (at the FLIC if available) would be the most prudent course.

          Comment

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