SCR o 46 – Applications - interlocutory or other Flashcards
46.02 Application by summons
An application made on notice to any person shall be by SUMMONS, unless Court orders.
An application by summons is MADE when the summons is FILED in accordance with R46.04.
An application NOT by summons is made when it comes on for hearing.
Court MAY order that the party making the application GIVE NOTICE to ANY person with a sufficient interest in the proceedings.
46.04 Form and filing of summons
A summons shall be in Form 46A, and shall be filed with the Prothonotary
Can also file with Judge’s Associate if made to an AsJ, or with Registrar if to Registrar.
46.05 Service of summons (applications)
The applicant must serve a sealed copy of the summons and a copy of any affidavit in support on every person to whom notice of the application is to be given.
Service should be within a reasonable time before the day of hearing listed in the summons.
