Application Made By Motion Meaning Mar 1 2013 nbsp 0183 32 There are four different ways or methods of commencing actions in the High Court These are a By writ of summons a writ for short b By petition c By originating summons and d By originating motion also known as application Each of the above is referred to as originating process
By order 19 rule 1 2 proceedings by which an application is to be made to the Court or a Judge of the Court under any enactment shall be initiated by motion and where an enactment provides that an application shall be made by some other means an application by motion shall be deemed to satisfy the provision An application will generally consist of a notice of motion and one or more supporting affidavits The Notice of Motion The notice of motion is in general to be in accordance with Form 2 a of the First Schedule to the Rules
Application Made By Motion Meaning
Application Made By Motion Meaning
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Sep 3 2021 nbsp 0183 32 application made by a motion I It s a written or oral application made to a court or judge to obtain a ruling or order directing that some act be done in favor of the applicant II The applicant of such an application is usually known as the moving party or the movant Jan 27 2022 nbsp 0183 32 A motion is a form of an application made to the court for an order or direction in the conduct of proceedings in action or summary procedure A party may seek any order that can be granted by way of application but in certain cases must make a move because there are no available remedies at common law and only the court can provide relief
Apr 30 2014 nbsp 0183 32 There are two forms of legal proceedings in our civil court system actions also known as trials and applications also known as motion proceedings Each form of proceeding follows its own rules and has a different application in civil law A motion is an application to the court made by the prosecutor or defense attorney requesting that the court make a decision on a certain issue before the trial begins The motion can affect the trial courtroom defendants evidence or testimony Only judges decide the outcome of motions
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Any application or motion be it procedural or substantive must be made by someone with standing locus standi 1 Standing concerns quot the appropriateness of the court s dealing with the particular issue presented quot by the applicant 2 It includes quot the legal entitlement of the applicant to invoke the jurisdiction of the Court quot 3 Interlocutory applications are any applications made during the pendency of a court action see Order 7 rule 1FCT Any application subsequent to the commencement of an action can be an interlocutory application There are two types of motions motion ex parte and motion on notice
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Application Made By Motion Meaning - A motion is an application to the court made by the prosecutor or defense attorney requesting that the court make a decision on a certain issue before the trial begins The motion can affect the trial courtroom defendants evidence or testimony Only judges decide the outcome of motions