Applications, how they are to be made
66 Applications, how they are to be made
An application to the Court under section 28(3)(b) must be made by filing and serving a notice of motion.
The notice of motion must set out clearly and concisely the grounds on which the application is made and must include the applicant’s address for service.
When, or within 7 days after, the notice of motion is filed, the applicant must file and serve an affidavit setting out the facts relied on to support the application.
The notice of motion must be made returnable before a judge in open court on a date, set by the Court, that is at least 21 days after the date on which the notice is filed unless —
the respondent consents in writing to an earlier hearing and the consent is filed with the notice; or
the Court orders the notice to be heard earlier.
A respondent who is a police officer may be served by serving the DPP.
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