Are motions considered in private or with the parties present?

summereire

Are motions considered in private or with the parties present?

I know that motions can be brought during a hearing, but I'm talking about the various motions that can be brought at earlier stages, such as during discovery.

Thanks!

ResearchWill

summereire wrote: »

Are motions considered in private or with the parties present?

I know that motions can be brought during a hearing, but I'm talking about the various motions that can be brought at earlier stages, such as during discovery.

Thanks!

The parties can be present at all motions if they so wish. The public in general can be present unless family law or the in-camera rules otherwise applies.

Of course exparte applications are another exception as only one side present for such a hearing.

summereire

Thanks, so if I understand you they're heard like a mini-hearing after the document requesting the motion is sent in? Do the parties have the opportunity to present their reasons for wanting (or not) the motion on the day, and does representation for each side typically attend in civil cases?

Tom Young

The charter here prohibits the giving of legal advice.

summereire

Thanks, I appreciate that, I'm just wondering what a motion is and how it works.

ResearchWill

summereire wrote: »

Thanks, so if I understand you they're heard like a mini-hearing after the document requesting the motion is sent in? Do the parties have the opportunity to present their reasons for wanting (or not) the motion on the day, and does representation for each side typically attend in civil cases?

The following is not legal advice, but just a paragraph on how a certain part of the legal/courts system works. If you want to see it in action find out when your county registrar hears motions, or go to the masters court in the High Court and watch the legal process in action.

A motion in the Circuit Court and High court is at least two documents, a notice of motion (simply a notice to the other side saying what a person wants the court todo.) The second document is an affidavit that sets out the factual evidence to ground the motion. The other side can put in an affidavit if they wish saying why the motion should not be granted. The solicitor or barristers for both sides turn up on the day and read out the affidavits and make any legal arguments and motion is either granted or not.

summereire

I see, and is this in front of a judge or a registrar of some sort?

I'm studying conflict resolution, and legal remedy is part of it, and what I'm particularly trying to grasp here is what the difference is between a motion and the deciding of it and an actual hearing.

Put differently, is there a limit to the scope of a motion? Are motions generally for smaller things, or can they be to bring a conclusion to the whole case? If the scope can be big then why a motion, why not just trial?

ResearchWill

summereire wrote: »

I see, and is this in front of a judge or a registrar of some sort?

I'm studying conflict resolution, and legal remedy is part of it, and what I'm particularly trying to grasp here is what the difference is between a motion and the deciding of it and an actual hearing.

Put differently, is there a limit to the scope of a motion? Are motions generally for smaller things, or can they be to bring a conclusion to the whole case? If the scope can be big then why a motion, why not just trial?

Motions are usually for smaller things a few examples, a motion in a personal injuries action for inspection facilities, a motion in any case for discovery of documents, a motion to compel replies to particulars.

A motion can in certain circumstances bring a end to proceedings, example a motion to get judgement in default of appearance or defence, a motion to strike out proceedings for want of prosecution.

In the circuit court motions start in front of the county registrar and may sometimes be sent straight to a judge with out the registrar deciding the motion or the motion may be decided and appealed to a Circuit Judge.

In the High Court motions are usually heard before the Master of the a high Court and again appealed to High Court Judge, in some limited circumstances motion goes straight to judge of the high court example discovery.

summereire

Thank you, that clarifies things hugely!