Area of Law: Process Serving
Answer # 3010
What is notice of motion?Region: Ontario Answer # 3010
A motion is a request to the court for the judge to make a decision about an issue in a court case. For example, if you refuse to accept documents that a process server is attempting to serve you, or if you are not available to accept them, and repeated attempts have been made by the process server, the applicant in the lawsuit may apply for a court order, or motion to the court to use an alternative or substitute method of service.
Motions are often used in Small Claims Court trials, where issues arise that need to be resolved before the trial can continue. A Notice of Motion and an Affidavit in Support of Motion (in some cases simply called an Affidavit), available from the court, must be completed then filed with the Small Claims Court office. The staff at the court office will provide a time and date to appear in front of the judge. Before the motion, copies of the Notice of Motion and Affidavit must be delivered (served) to the other side in the action. There are deadlines as to when they must be delivered.
For more information on the procedures for bringing a motion, you can contact the staff at your local Courthouse. For more information on serving documents, view other answers in Process Serving.
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