Background & purpose of the system 1 basic institutions, processes, and players 3

MOTIONS & INTERLOCUTORY RELIEF

Motions (r. 37 and 39)

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  R. 1.03(1) “motion”, “moving party”. Generic tool that allows a party to ask the court for something
  
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  Notice: giving notice to the other side that you’re bringing a motion and what it’s about (RCP r. 37.06)
  
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  Motion Record: collection of materials that includes materials to be used in a motion (RCP r. 37.10)
  
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  Evidence: mostly written (RCP rr. 4.06, 39); exhibits, e.g. necessary transcripts (RCP r. 37.10), other documents (RCP r. 37.10)
  
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  Heard by: Difference between “court” (RCP r. 31.10(1)), “judge” (r. 40.01), and “registrar” (r. 19.04(1)) (South Side Woodwork)
  
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    “Court” means it is within the jurisdiction of a master or judge (CJA s.87) – go to the master, this is their purpose (efficiency)
    
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    Judges have inherent plenary jurisdiction
    
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    Registrars hear motions in very limited circumstances
    
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  Ethics and procedure collide: just because there are rules that allow parties to bring motions, doesn’t mean it’s a good thing to use them (e.g. bury other side in motions to litigate them to death, bleed their $ - not procedural good faith, lawyer is not to become a party)
  

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  Case management may need to come into play
  
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  Costs can be awarded for abuse of process
  

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