Types of applications
Ex parte applications
An ex parte application is brought without notice to anyone, either because –
- no relief of a final nature is sought against any person, or
- notice might defeat the object of the application, or
- the matter is one of extreme emergency.
The notice of motion is addressed to the registrar or clerk of the court together with a founding affidavit as to the facts upon which the Applicant relies for relief in support thereof.
Applications with notice to the Respondent
The notice of motion must be addressed to any person against whom relief is claimed, or where it is necessary or proper to give any person notice of such application, as well as the registrar or clerk of the court.
It is a basic principle of our law that interested parties who may be prejudiced by an order issued by a court should be joined in the suit.
Urgent applications
In urgent applications the court or a judge may dispense with the forms and service provided for in the court rules and may dispose of such matter at such time and place and in such manner and in accordance with such procedure (which shall as far as practicable be in terms of the court rules) as it deems fit.
The affidavit or petition filed in support of the urgent application must set forth explicitly the circumstances which is averred render the matter urgent and the reasons why the Applicant claims that Applicant could not be afforded substantial redress at a hearing in due course.
Interlocutory applications
Interlocutory applications are brought intermediately between the commencement and termination of a cause of action, and it is used to provide a temporary or provisional decision on an issue.
There are two types of interlocutory applications, i.e. procedural and status quo applications.
Substantive applications
Substantive applications are cases where notice of motion procedure is the prescribed procedure, as well as cases where final relief is claimed by way of notice of motion procedure even though action procedure could be used. In these cases the procedures are prescribed by the rules of court.
For more go to Notes on application (motion) proceedings
