District Court Rules
Schedule: C - Forms in civil proceedings Form: 40A.05 Notice of motion (personal injuries action)
S.I. No. 17 of 2014
40A.05
Notice of motion
(personal injuries action)
Schedule C
O.40A, r.9
District Court Area of
District No.
Record number:
Between
........ Claimant
........ Respondent
NOTICE OF MOTION
Civil Liability and Courts Act 2004
TAKE NOTICE that the above-named *claimant/*respondent will apply to the District Court sitting at ........ on the ...... day of ........ 20.... at ........ a.m./p.m., for the following relief pursuant to the Civil Liability and Courts Act 2004 (hereinafter the “Act”) or otherwise in personal injuries proceedings:
*An order under section 9(2) of the Act for the extension of the period for the service of (state matter in which extension of time is sought)
*An order under section 10(3) of the Act for a stay or dismissal of the proceedings by reason of the claimant’s failure to provide the information necessary to comply with section 10 of the Act
*An order under section 11(3) of the Act for a stay or dismissal of proceedings by reason of the claimant’s failure to provide further information requested under section 11(1) or section 11(2) of the Act
*An order under section 12(3) of the Act for a stay of proceedings or for judgment by reason of a respondent’s failure to provide the information necessary to comply with section 12 of the Act
*A direction of the Court under section 15 of the Act that a mediation conference be held
*An order for the delivery of further and better particulars by the *claimant/
*respondent
*An order allowing evidence in the action to be given by affidavit, under section 19 of the Act
*An order appointing an approved person to carry out any investigation and to give evidence in the action, under section 20 of the Act
The grounds for the application are as follows:........ [set out in summary the grounds of the application, e.g. the respondent has requested the claimant to provide information required to comply with section 10 of the Act on .....20... and the claimant has failed to provide it].
Particular legal provisions relied on in the application........ [identify any particular legal provisions relied on in the application, e.g. the respondent relies on section 10 of the Act].
The application is supported by the affidavit of ........ sworn on ........ 20........ Signed........
Solicitor for the *claimant/*respondent
To: District Court Clerk at ........
And: ........ Solicitor for the *claimant/*respondent of ........
This notice of motion has been filed with the District Court Clerk at ........ and issued on the ...... day of ........ 20....
*delete where applicable
|