The court may possibly, on application with no notice, make an order for substituted service granting permission to use an option technique of service. The defendant is bringing the application to rescind the default judgment, but does not wish to defend the proceedings. Abuse of any court procedure is always possible, but abuse is straightforward to detect if motion proceedings are undertaken. This application gives the defendant possibility to apply for security of charges against the particular person who is in a position of the claimant upon the compliance with a number of situations. The court then summons the applicant and the concerned parties named in the application by mail. The law regulates the formalities and the rules of conduct that have to be observed throughout proceedings.
This implies that a celebration, who acted with out any aid in the legal proceedings prior to the Subdistrict Court, nevertheless has to employ a solicitor to represent him for the duration of the appeal. In the report by Findlay (supra) he writes that if proceedings are instituted on affidavit the parties will have to surrender their supposed rights of technical pleading, but, says the author, he can not see it is something but match and proper that they really should. In the Supreme Court each application is instituted by drawing up a document named a notice of motion.
The court hearing the matter might grant the application or dismiss it, in every case with an suitable order as to who really should spend the legal costs incurred by the parties. This wording clearly indicates that it is open to any party to application proceedings to request the court to order that unique proof be offered viva voce. There is a further process in terms of the Supreme Court Rules by which actions could be dealt with on a comparable basis.
Usually it is accepted that the application notice is not issued as there was no adequate time to do so. If the application notice is served, both parties need to be heard and give evidence. Dowling J in the R Bakers case stated that to permit a party to proceed on application when a dispute of reality exists, would be to permit ‘fishing expeditions’ to take spot. If possible, a appropriate notice have to be place up on the notice board at the entrance to the court to allow a respondent who wants to object to the relief sought in an urgent application to discover the place exactly where the application is becoming heard.
There are two key ways of submitting a dispute to a court in the Netherlands: by a writ of summons or by lodging an application (also referred to as a petition). In a current Constitutional Court selection, it was held that numerous aspects of the provisional summons process were inconsistent with the Constitution. If the application is dismissed, the applicant will have to spend his or her costsI as well as those of the respondent. Some legal proceedings have to be initiated by an application (also known as petition).
