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498aVictim (sdfasf)     14 December 2018

498a - what is notice of motion @ high court

Dear Sir/Madam

what is notice of motion status in the case while case is pending in high court.

Scenario: My 498a discharge petition is dismissed in lower court. Lawyer filed criminal revision petition in high court. the case is pending for last 3 months. i am keep asking whether to come to court or meet him. he says no. Now, i see that status is notice of motion and date is getting shifted next day(s).

kindly help. thank you.



Learning

 1 Replies

srishti jain   20 July 2021

As per your query, a notice of motion is a written application to the Court. It requests the Court to issue a ruling or order on a legal matter. A notice of motion, is the first step a party must take before the Court can weigh in on a legal matter.

The purpose of using a notice of motion is usually to clarify or seek direction on matters in dispute. Once the notice of motion is brought before the Court, you must serve the motion at least 3 days before the hearing date. , if the service of the notice of motion is correctly served, the Court may hear and dispose of the motion in the absence of the party in failure to appear at the required date.

Other parties have the chance to file and serve a written response to the motion. There is a specific deadline for filing and serving a written response, usually fourteen (14) days before a hearing. The response may agree with or oppose the action requested. If the response opposes the action requested, it must contain the reasons for opposing the motion and must include supporting evidence.

A notice of motion is not a final order on the case, but an interim one.

Hope it helps,

Regards,

Srishti


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