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Application Notice to Court

General

Simple form of an application notice to court. It is a document in which the applicant states his intention to seek a court order. It replaces Summons in certain jurisdictions.

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Document Description

The Application Notice to Court is a document that is used to request a court to deal with an application. It is an important document as it provides the necessary information for listing the application and ensures that the court is aware of the details of the case. The document consists of several sections that need to be filled out accurately.

 

The first section of the document asks how the applicant wishes to have their application dealt with. They can choose between a hearing, a telephone conference, or without a hearing. If a hearing is chosen, the applicant needs to complete all the questions below. If a telephone conference or without a hearing is chosen, the applicant needs to complete questions 5 and 6.

 

The second section requires the applicant to give a time estimate for the hearing or conference. This helps the court in scheduling and allocating the necessary time for the application. The applicant also needs to indicate whether the time estimate is agreed upon by all parties involved.

 

The third section asks for the dates of any trial period or fixed trial date. This information is important for the court to plan and schedule the proceedings.

 

The fourth section requires the applicant to specify the level of judge that should handle the application. This ensures that the appropriate judge is assigned to the case.

 

The fifth section asks for the parties to be served. The applicant needs to provide the names of all the parties involved in the case.

 

The next section asks for the claim number and the year of the claim. This information helps in identifying the case and keeping track of the proceedings.

 

The warrant number, if applicable, needs to be provided in the following section. This is relevant if there is a warrant associated with the application.

 

The claimant's information, including their reference, needs to be filled out in the next section. This helps in identifying the party making the application.

 

The defendant's information, including their reference, needs to be provided in the subsequent section. This helps in identifying the party against whom the application is made.

 

The date of the application needs to be mentioned in the next section. This is important for record-keeping and tracking the progress of the case.

 

The applicant or their solicitor needs to complete parts a and b, and part c if applicable. They need to enter their full name or the name of the solicitor, state clearly the order they are seeking, and attach a draft of the order if possible. They also need to briefly explain why they are seeking the order and provide the material facts and any relevant rule or statutory provision.

 

If the applicant wishes to rely on a witness statement, affidavit, or their statement of case, they need to tick the appropriate box in the next section. They also need to indicate if they have provided evidence in part c of the document.

 

The applicant or their solicitor needs to sign the document and provide their position or office held. If signing on behalf of a firm or company, they need to indicate that as well.

 

The address to which documents about the claim should be sent needs to be provided, along with a fax number, DX number, telephone number, and email address.

 

If the applicant wishes to rely on any evidence in support of the application, they need to state so in part c of the document. They also need to sign the document and provide their position or office held.

 

The document concludes with a statement of truth, where the applicant or their solicitor declares that they believe the facts stated in part c are true.

 

Overall, the Application Notice to Court is a comprehensive document that provides all the necessary information for listing an application and ensures that the court is well-informed about the case.

How to use this document?


1. Choose how you want your application to be dealt with:

- If you want a hearing, complete all the questions below.

- If you want a telephone conference or without a hearing, complete questions 5 and 6.

2. Provide a time estimate for the hearing or conference in hours and minutes.

3. Indicate whether the time estimate is agreed upon by all parties.

4. If there is a trial period or fixed trial date, provide the dates.

5. Specify the level of judge that should handle the application.

6. Provide the names of all the parties involved in the case.

7. Enter the claim number and the year of the claim.

8. If applicable, provide the warrant number.

9. Fill out the claimant's information, including their reference.

10. Fill out the defendant's information, including their reference.

11. Enter the date of the application.

12. Complete parts a and b, and part c if applicable:

- Enter your full name or the name of your solicitor.

- Clearly state the order you are seeking and attach a draft if possible.

- Briefly explain why you are seeking the order and provide the material facts and any relevant rule or statutory provision.

13. If you want to rely on a witness statement, affidavit, or your statement of case, tick the appropriate box.

14. Indicate if you have provided evidence in part c.

15. Sign the document and provide your position or office held.

16. If signing on behalf of a firm or company, indicate that.

17. Provide the address to which documents about the claim should be sent, along with a fax number, DX number, telephone number, and email address.

18. If you wish to rely on any evidence in support of the application, state so in part c.

19. Sign the document and provide your position or office held.

20. End with a statement of truth, declaring that you believe the facts stated in part c are true.

 

Note: Remember to send any relevant fee, the completed application, and any supporting documents to the court, along with sufficient copies for service on each respondent.

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