APPLICATIONS BY NOTICE OF MOTION
1 — PRE-TRIAL APPLICATIONS: GENERAL
1 Application of this Order
(2) Nothing in this Order limits the power of the Court to make any interlocutory order or give a direction (whether in the presence of some only or all of the parties) without the issue of a notice of motion in an appropriate case.
2 Form and timing of application
(2) An application by notice of motion is made when the notice of motion is filed in accordance with rule 4.
(3) Unless any statute or rule otherwise provides, the moving party in any application to the Court other than an ex parte application or an application for an adjournment must give at least 48 hours’ notice in writing to the Clerk of the Court at which such application is to be made. This filing of a notice of motion or notice of application for issue is deemed to be notice to the Clerk of intention to make the application contained in the notice on the return date assigned to it.
3 Notice of application to other parties or persons
4 Form and filing
4. (1) A notice of motion must be in Form 44.01, Schedule C, modified as appropriate to the case and must include particulars of the order, direction or other relief sought as appropriate to the case, a summary of the grounds of the application and, where relevant, a statement of the provisions of law including the provisions of any enactment or these Rules relied on in making the application.
(3) Where the grounds for the order, direction or other relief sought include the failure or refusal of the opposing party to agree a matter, copies of the correspondence or documents passing between the parties concerned, relevant to the subject matter of the motion must be attached to the original notice of motion.
(a) so far as practicable, all such orders, directions or other reliefs must be sought in the same notice of motion and a party must not suffer any adverse consequence in the costs to which the party is found to be entitled by reason of having sought several orders, directions or other reliefs in the same notice of motion; and
5. (1) The applicant must serve a copy of a notice of motion and a copy of any affidavit in support of the notice of motion on every person to whom notice of the motion is to be given unless otherwise provided by these Rules or by an order of the Court.
6 Return date
6. (1) If a notice of motion has not been served a Clerk may, at the request of the party who filed it, amend the notice of motion on or before the return date named in the notice of motion to name another return date.
(3) A notice of motion must not be amended under sub-rule (1) more than once.
7 Copies for Court
(2) sub-rule (1) does not limit the ability of any party to rely on any affidavit or document at the hearing of an application by motion.
9 Absence of party served with notice of motion
2 — APPLICATIONS TO SET ASIDE OR VARY
10 Application to discharge, set aside or vary an order
10. (1) The Court may, on an application by notice of motion (Form 44.02, Schedule C, modified as appropriate to the case) by the person affected, on notice to the applicant for the original order, discharge, set aside or vary an order which affects a person where the application for the order—
(2) An order under sub-rule (1) may be subject to such terms as to costs or otherwise as the Court considers just.