Application Proceedings in Civil Procedure
An application proceedings begins when the applicant files a notice of motion, which advises the respondent of his or her claim. This notice will typically be accompanied by a founding affidavit. The responding party must serve an opposing affidavit to dispute the allegations of fact set forth in the applicant’s affidavit. After receiving the opposing affidavit, the applicant may file a replying affidavit.
Notice of application to strike out
Generally, a party can request to have proceedings struck out if the evidence in support of its claim is insufficient. This is a less-severe remedy than dismissal, but it still carries significant consequences. Bringing a strike out application at the earliest possible date will help avoid wasted time and costs, and will also ensure that all parties involved know the issues that are going to be tried. If, however, the application is brought too late, a party may have waived its right to dispose of the proceedings.
Whether an application is properly filed can be determined by examining whether it meets the standards of fairness and legality. Courts are expected to adhere to these standards and should not be abused. Failure to comply with the rules can seriously affect the integrity of the judicial process. It can also cost a party a trial date or window, causing significant administrative headaches for the court. Regardless of the reason, the right to argue is a basic right that a party must adhere to.
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