Applications

Last Reviewed: July, 2023 Reviewed by: JES Contributors

In many cases, before a trial, parties may need the court to make a decision related to their case. You may need to change a court date because you are unable to make it, to shorten or extend a deadline, to ask to be allowed alternative service if you are struggling to serve someone, to cancel a default order or to change a payment schedule. To do so, you file an application, which basically means you ask for a decision from the court. An application can be made by either defendant or claimant.

Most applications will either be an:

1. Application to the registrar without a hearing
2. Application to a judge with or without hearing

Applications to the Registrar Without a Hearing

Some types of applications can be made to the registrar without a hearing, meaning you can simply file a form at the registry and they will decide whether to grant the request or not. These are usually applications where there is no need to give notice or serve the other party. This includes applications for “consent” orders, where both parties agree to the order. The registry cannot grant any type of application that is not listed in Rule 16(1) or (2). If what you want is not listed under this rule, you’ll likely need to make an application to a judge.

Applications without a hearing include:

• Renew a claim
• Change the date of a settlement conference
• Changing the applicant’s method of attendance at a conference or hearing, other than a trial, payment hearing or default hearing
• Permitting another method of service
• Permitting a hearing be by telephone
• All those listed in Rule 16(1) or (2)