A Notice of Motion (Form 6) or Notice of Preliminary Motion (Form 7) may be brought without notice to the other parties in limited circumstances.  A motion brought without notice is not served upon any other parties and the only person who typically attends the hearing is the person who filed the motion.

A motion may be brought without notice in the following exceptional circumstances:

  • the nature of the motion renders service impractical or unnecessary,
  • the circumstances render service of a motion impractical or unnecessary,
  • the delay necessary to effect service might entail serious consequences, or
  • it is otherwise permitted by law.

For more information, please consult External link opens in new tab or windowrule 9.2.