A Notice of Motion (Form 6) or Notice of Preliminary Motion (Form 7) may be brought without notice to the other parties in limited circumstances. A motion brought without notice is not served upon any other parties and the only person who typically attends the hearing is the person who filed the motion.
A motion may be brought without notice in the following exceptional circumstances:
- the nature of the motion renders service impractical or unnecessary,
- the circumstances render service of a motion impractical or unnecessary,
- the delay necessary to effect service might entail serious consequences, or
- it is otherwise permitted by law.
For more information, please consult rule 9.2.