Steps in a Lawsuit: Applications

At any point during a lawsuit, a party can make an application to the court seeking any number of things. Generally, a party makes an application to get something that will help them either prosecute or defend against the lawsuit. For instance, if a party wants more documents, they can make an application for them. If a party wants to adjourn a trial, they can apply to do that. In personal injury cases, defendants or their insurance companies can apply for an order that the plaintiff submit to an independent medical examination by a doctor of the defendant’s choosing. The list is endless.

The person making the application is called the applicant. The application is made by filing and serving a notice of application, which sets out the factual and legal basis for the orders sought by the applicant on the application. The applicant must also file and serve affidavits in support of the orders they are seeking. Once served with these materials, the party responding to the application files an application response and any affidavits they want to file in support of their position on the application.

Depending upon the orders sought, applications will be heard by either a master or judge of the Supreme Court. The parties or their lawyers will then attend at court to argue the issues and the master or judge will then give their decision.