Motions (Re: Drafting)(POA)

Introduction

There is no formal rule on how motions in the Provincial Offenses Court are to be written. The following is a guideline only, the form and content of each motion are ultimately up to the Justice of the Peace that decides on the motion.

Suggested Documents

• Notice of Motion
• Factum of the Applicant/Defendant
• Affidavit General
• Affidavit of Service
• Motion Record

Notice of Motion (Re: Contents)

Every notice of motion should:

(a) state the precise relief sought;

(b) state the grounds to be argued, including a reference to any statutory provision or rule to be relied on; and

(c) list the documentary evidence to be used at the hearing of the motion.

Motion Record (Re: Contents)

The motion record shall contain, in consecutively numbered pages arranged in the following order,

(a) a table of contents describing each document, including each exhibit, by its nature and date and, in the case of an exhibit, by exhibit number or letter;

(b) a copy of the notice of motion;

(c) a copy of all affidavits and other material served by any party for use on the motion;

(d) a list of all relevant transcripts of evidence in chronological order, but not necessarily the transcripts themselves; and

(e) a copy of any other material in the court file that is necessary for the hearing of the motion.