(1)A motion must not be made without previous notice to the other party to the proceedings.
Section history
Section 406 — Notice of motion
As in force on 31 December 2021.
The text below is this provision as reproduced in the Revised Edition that came into force on this date. A revised edition consolidates the law without changing its substance, so editorial amendments — such as renumbering, updated citations and formatting — may have been made but are not shown as a redline.
(2)There must be at least 7 clear days between the service of the notice of a criminal motion and the day named in the notice for hearing the motion, unless —
(a)the relevant court gives leave to the contrary; or
(b)each party required to be served with the notice consents to the relief or remedy that is sought under the motion.