What are motion proceedings?

What are motion proceedings?

Motion proceedings (which are often referred to as application proceedings) are commenced by way of a notice of motion accompanied by a founding affidavit setting out the facts on which the claim is based, with all the supporting documentation being annexed to the affidavits.

How do you bring a motion?

Steps to Making a Motion

  1. Ask the court for a motion date.
  2. Identify and fill out your motion forms.
  3. Serve and file your motion forms.
  4. Confirm that you will attend the motion.
  5. Go to your motion hearing.
  6. Receive the judge’s decision.

What is a basket motion?

A “basket motion” is the phrase used to describe those types of motions that do not need to be. argued in open Court. Typically, Orders that are to be made on consent, or which can be made. in writing rather than orally, are sent up to a Justice in a basket to review and sign, hence the. term =basket motion”.

What does opposed motion mean?

Overview. If one party to a case has filed a motion with the court, the other side can file an “opposition.” An “opposition” is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other side’s request.

What does it mean when a motion is returnable?

To bring, carry, or send back; to restore, redeliver, or replace in the custody of someone.

What is a show cause meeting?

The ‘show cause’ letter is an important step in the employee termination procedure. The meeting will predominantly be a forum for you as the employer to reiterate your position on the employee’s conduct, and for the employee to explain themselves.

How do you fire a contractor nicely?

Always terminate the contractor in writing, rather than orally. Even if the contractor doesn’t show up for work, you have to document the termination by sending a written notice specifying the reason for termination without defaming the contractor.