Legal Procedures for Court Applications

False (B)

The court may refer aspects of the matter for oral evidence.

<p>good faith</p> Signup and view all the answers

<p>Counter-application = Filed when the respondent seeks more than dismissal Intervention = Consent application by someone with an interest Ex Parte Application = Application made by one party without notice to others Affidavit = Written statement confirmed by oath</p> Signup and view all the answers

<p>An application used when it is impossible to give notice to the other party. (D)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>The applicant must disclose urgency fully by providing reasons.</p> Signup and view all the answers

<p>summons</p> Signup and view all the answers

<p>On-notice applications = Require notice to affected parties Ex parte applications = No notice to other parties is possible Interlocutory applications = Incidental actions that do not start litigation Urgent applications = Have shortened response periods due to urgency</p> Signup and view all the answers

These applications are for urgent matters, where immediate relief is necessary. They are made by one party without the other party present. Examples include applications for court orders to seize property or attach assets.

If inadmissible evidence is included in affidavits, the opposing party can ask the court to remove it. The court will consider whether the applicant would be harmed if the inadmissible evidence remains.

The court must determine if there's a genuine dispute over the facts presented in the affidavit. If so, the court may (1) decide based on the affidavits alone, (2) have a hearing to examine specific points, or (3) schedule a full trial for a comprehensive resolution.

Ex parte applications must be filed with utmost good faith. Applicants have to disclose all relevant facts truthfully, even if it hurts their own case. Failure to do so can lead to disciplinary action or adverse cost orders.

Any party with a direct interest in an ex parte application can apply to be included in the proceedings. The original applicant has the right to oppose the intervention.

A legal document requiring a party to respond to an application submitted by another party in litigation.

A written statement made under oath that provides evidence and arguments supporting a legal claim.

A legal application that seeks immediate action from the court without necessarily having to wait for the full trial process.

A type of application that doesn't initiate a lawsuit but relates to a specific aspect within an ongoing case (e.g. requesting documents).

Legal principle that both sides in a dispute must be heard before a decision is made (ensuring fair process).