Interim application with notice Flashcards
What is the first step in the application procedure?
Application Notice (Form N244)
What information must be included in the Application Notice?
Who, what, why application is being made. It must also state what information the applicant relies on and include a court fee.
What can be included as evidence in the application process?
- Part of the application notice itself
- Reference to the existing SoC
- Witness statement (or affidavit)
What does the court provide after issuing an application?
A notice indicating the date and time that the application will be heard by the court
This notice is crucial for the parties involved to prepare for the hearing.
Who is responsible for serving the Application Notice and related documents on the other party?
Applicant’s solicitor
Although the court may do this, it is typically the applicant’s solicitor who serves the documents.
When must service of the application documents be effected?
As soon as practicable after application is filed and not less than three clear days before the hearing
There are some specialist time limits that may apply.
What must R file if they wish to provide additional evidence and when?
A witness statement must be filed as soon as possible and in accordance with any specific timings stated by the court.
What must A do if they wish to reply to R’s evidence?
File further evidence as soon as possible
When should the Statement of Costs be filed and exchanged?
Not less than 24 hours before the hearing
This helps the court and parties prepare for the financial aspects of the hearing.
What are the possible formats for the hearing?
- Via telephone
- Via video (rare)
- Without a hearing if not appropriate or parties agree
What are the three things required for an interim application?
- Application Form N244
- Evidence
- Draft Court order
What should be served on the other party to notify them of the interim application
- application notice
- note from court indicating date and time of hearing
- evidence
- draft order
