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  1. Complete a Form 14 (Notice of Motion) and a Form 14A (Affidavit). In Form 14, you will list the orders that you are requesting at the motion. In Form 14A, you will include your evidence and explain why you want the court to make the orders you are asking for in your motion. Please note that you must swear or affirm Form 14A.

  2. A motion is a request to the court for the judge to make a decision about the issue. For example, during a trial one of the parties involved may discover that somebody else might be responsible for the plaintiff’s loss and should be added to the lawsuit. That party would then make a motion to the court and ask the judge to allow them to serve ...

    • Overview
    • Motions
    • A Motion in Writing For An Assessment of Damages
    • Clerk’S Orders on Consent

    A motion is a process for requesting that a judge make an order. Generally, a party will make a motion to have a matter addressed before judgment, or in some circumstances after judgment or to support an enforcement process. Usually, a motion is a hearing in court before a judge. There is one type of motion that can be made “in writing.” It is call...

    A motion is a process that is used to make a request to a judge for an order. You can “make a motion” to ask for an order to: 1. resolve an issue in the case 2. get direction on how to proceed in the case 3. change an order that has already been made Motions can be very helpful to the parties in a dispute. However, depending on the stage of the pro...

    There is one type of motion that can be made “in writing” under the Rules. It is called a “motion in writing for an assessment of damages.” If all defendants have been noted in default and your claim is an “unliquidated” claim, then you can ask for an order from a judge for an assessment of damages. To get this order, you can either file a motion i...

    Small Claims Court clerks can make orders only in the specific circumstances set out in the Rules. These orders can only be made if the written consent of all parties has been provided to the clerk. The clerk makes the order based on the Request for Clerk’s Order on Consent [Form 11.2A]filed with the court. No hearing is required. The consent form ...

  3. Dec 16, 2020 · Motion to Compel: This motion requests the Court to compel a party to act pursuant to a specific rule or previous Court Order. For example, a motion to compel discovery can be used when the responsive party fails to provide discovery within the timeframe. Motion for Summary Judgment (MSJ): This motion seeks a final judgment before trial.

  4. The motion may be heard by a judge assigned to the case or, in certain circumstances, an associate judge. Parties may make a motion with or without supporting material or a motion record. The party who requests the motion will indicate on the notice of motion whether they want the motion to be heard: in person; in writing; by telephone

  5. Sep 1, 2021 · If the appeal court allows the appeal, it can reverse or change the judge’s decision, or order a new trial or hearing. Otherwise the decision stands. The person who appeals must show that the judge's interpretation of the law or the facts affected the result. If the parties reach an agreement, this usually ends the judicial process.

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  7. 37.11 (1) Where a motion is on consent, unopposed or without notice under subrule 37.07(2), the motion may be heard in writing without the attendance of the parties, unless the court orders otherwise. (2) Where the motion is on consent, the consent and a draft order shall be filed with the notice of motion.

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