Notice Of Motion Flashcards
What is a notice of motion
A notice of motion is a notice that a motion in other words an application it’s going to be made to court
A notice of motion perform the same function for an application that A summons does For an action i.e. it calls upon the respondent to come to court to answer the applicants claim
What is meant by an applicant
The party bring the application is known as an applicant
What is meant by respondent
The party against whom the application is brought is known as the respondent
List the information that a notice of motion in the High Court must contain
The identities and addresses of the applicant and the respondent i.e. citing the parties
It gives the respondent a certain time limit within which to act the applicant will set a date which may not be less than five days after service of the notice on or before which the respondent is required to notify the applicant in writing that it intends to defend
It must warn the respondent that if it does not give notice of intention to oppose the matter will be sit down for hearing on a day not less than 10 days after service of the notice of motion
It informs the respondent of the relief or remedy sought by the applicant