Bring an urgent motion with notice

You can bring an urgent with notice for a at any time during your court case. You can even bring one before you start a court case.

With notice means that you have to your partner with your motion before the judge decides on your motion.

You can bring an urgent motion with notice only in a few situations. This includes where:

  • the situation is urgent
  • you will face hardship if you have to wait to bring your motion after a
  • it is in the “interests of justice” that your motion be heard before a case conference

For example:

  • The situation may be urgent if you feel that there is an immediate risk that your partner will abduct or seriously harm you or your children.
  • You may face hardship if you don't have enough money to pay your mortgage and the bank has threatened to take legal action against you.

To bring an urgent motion with notice, you must give detailed, specific information of your concerns. You also have to give evidence that shows why you can't wait until after a case conference to bring your motion.

If you're making the motion, you're called the . Your partner is called the .

You should first ask the when the next case conference date is. This will help you decide if you can wait to bring your motion until after a case conference.

Depending on the issues, the court may also want to know if you've made any efforts to settle your matter. For example, if you say if you are in urgent financial need, you must have asked your partner if they would pay you some support before you bring an urgent motion with notice.

Here is what each has to do:

Moving party

Responding party

Both parties

How to:

Ask for a special arrangement

Confirm your court date

Count time

Serve your documents

Update your continuing record

Reviewed: March 20, 2023
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