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Section history

Section 406 — Notice of motion

Consolidated view is experimental and may be broken for certain provisions.

Amendments
406.Notice of motion

(1)NoA motion shallmust not be made without previous notice to the other party to the proceedings.

Subsection (2) — Original text to 31 October 2018superseded

(2)Unless the High Court gives leave to the contrary, 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.

Subsection (2) — From 31 October 2018 (current)rewritten by Criminal Justice Reform Act 2018, Criminal Procedure Code (Amendment of Second Schedule) Order 2018

(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 leavepermission 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.