Notice of Motion

Meaning

A request letter made in writing, to the court, to grant certain reliefs, with copies sent “to all parties concerned”, informing them of the time and place of  such hearing.

Easy way to remember

It is more like an agenda of a business meeting, which is sent to all parties who need to be present, informing them of the points of discussion / the points upon which the judge will adjudicate at the hearing.

Explanation

A Notice of Motion is a Notice sent to all the parties to a dispute, informing them that the petitioner seeks relief for the mentioned points and moves the court for the same on a specific day at a specific time. It is a copy of the letter through which the petitioner seeks relief. The petitioner maybe the plaintiff or defendant.

It is usually accompanied by an affidavit by the person making the request / sending the Notice of Motion.

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2 Responses

  1. Pravin Kukreja says:

    Is there any provision that describes Notice of Motion? I have observed that Notice of Motion is generally moved for Interim reliefs. However moving of Notice of Motion appears to be part of the practice, not mentioned in the procedure, like the process of mentioning. If the author could throw some light on this subject, would be grateful for the same.

  2. admin says:

    https://lawandotherthings.com/2016/02/litigation-101-bombay-high-cour/

    This article by Dr. Abhinav Chandrachud explains the regular practice in great detail. Although it is specific to Bombay High Court it is a great reference for other courts too.

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