Commonwealth Consolidated Regulations

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Interlocutory application

             (1)  A party who wants to apply for an order in a proceeding that has already started must file an interlocutory application, in accordance with Form 35, that must:

                     (a)  state, briefly but specifically, each order that is sought; and

                     (b)  if appropriate, be accompanied by an affidavit.

             (2)  The party filing the interlocutory application must serve the interlocutory application and any accompanying affidavit on any other party at least 3 days before the date fixed for the hearing.

             (3)  However, a party may make an oral application for an interlocutory order at a hearing.

Example:    If a party is seeking to have a proceeding dismissed as disclosing no cause of action, the application should be made by interlocutory application.

Note 1:       Interlocutory application is defined in the Dictionary.

Note 2:       File is defined in the Dictionary as meaning file and serve.

Note 3:       On the filing of an interlocutory application, a Registrar will fix the return date and place for hearing and endorse those details on the interlocutory application for service.

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