Form 11 – Notice of motion for summary judgment

What this form is for

• • Use when there is no genuine dispute of material fact between parties
• • Use when the law is clear and only a legal question needs to be decided
• • Use when you want to avoid the time and expense of a full trial
• • Use after the claim has been initiated but before trial begins
• • Do not use for criminal matters or family law cases

Use this form or another form?

Deadline or filing window

The application for summary judgment should generally be made after the defendant has had a reasonable opportunity to respond to the claim but before the case is listed for trial. Specific timeframes may vary depending on court rules and the nature of the case.

Before you submit

• • Ensure all parties have been properly served with the notice
• • Verify the form is completed with all required information
• • Attach all necessary supporting documents and evidence
• • Check that the legal arguments are clearly articulated
• • Confirm the correct court fee has been paid
• • Ensure the application is filed within the appropriate timeframe
• • Verify the form is signed and dated correctly

How to file this form

1. 1Obtain the current version of Form 11 from the Courts Service website
2. 2Complete the form with all required details about your claim
3. 3Prepare and attach all supporting documentation
4. 4Calculate and pay the appropriate court fee
5. 5File the form with the appropriate court office
6. 6Serve copies on all other parties to the case
7. 7Attend any required court hearing if scheduled

Known limitations

• • The court will only grant summary judgment if there is no genuine dispute of fact or law
• • The judge has discretion to refuse summary judgment even if the legal test is met
• • Complex cases with multiple issues may not be suitable for summary judgment
• • The application may be opposed by the other party with their own evidence
• • The court may grant partial summary judgment on some issues but not others