A “Notice of Motion” is a formal request filed in a legal proceeding, alerting the court and the opposing party that the applicant intends to seek a specific order or relief. It plays a key role in both civil and criminal proceedings, but its usage and nature vary depending on the context.
In Civil Cases
What It Is:
In civil litigation, a Notice of Motion is a procedural tool that lets one party formally ask the court for a ruling or order on a specific issue before or during a trial.
Common Uses:
- Interim relief (e.g., stay of proceedings, injunctions)
- Seeking permission to file additional documents
- Amendment of pleadings
- Dismissal or summary judgment
- Discovery orders
How It Works:
- The moving party (applicant) drafts the Notice of Motion specifying:
- The nature of the order sought
- The grounds for the motion
- The date it will be heard
- The motion is supported by an affidavit or written statement explaining the facts.
- It is served on the opposing party, giving them a chance to respond.
- On the hearing date, the court hears arguments from both sides and passes an order.
In Criminal Cases
What It Is:
In criminal matters, a Notice of Motion is less commonly used but still serves as a formal request to the court for specific directions or relief.
Common Uses:
- Bail applications
- Quashing of FIR or charge sheet under Section 528 BNSS
- Transfer of case
- Discharge of the accused
- Seeking production of documents or witnesses
How It Works:
- Filed by the defense or prosecution (depending on the context).
- Must include details of the relief sought and legal grounds.
- Served on the state or opposing party (usually through the Public Prosecutor).
- The court may issue notices, hear both sides, and grant or deny relief.
Key Features of a Notice of Motion:
| Element | Civil Suit | Criminal Suit |
|---|---|---|
| Purpose | Seek interim or procedural relief | Specific legal relief (e.g., bail, quash) |
| Requirement of Affidavit | Yes | Yes (usually) |
| Opponent’s Right | Can file a reply/counter-affidavit | Can file objections or reply |
| Hearing | Before the judge in chamber or open court | In open court |
| Governing Law | Civil Procedure Code (CPC) | Bharatiya Nagarik Suraksha Sanhita (BNSS) |
Practical Example:
- Civil: A plaintiff files a Notice of Motion seeking a temporary injunction to restrain the defendant from selling disputed property during the pendency of the suit.
- Criminal: An accused person files a Notice of Motion before the High Court under Section 528 BNSS to quash an FIR filed against them.
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