Rule 10-8 applications
An application for which notice is not required may be made by filing:
- Form F29 — Requisition for Consent Order or for Order Without Notice;
- a draft proposed Form F34 — Order Made Without Notice; and
- the affidavit or other evidence required to support the application, subject to special requirements such as guardianship evidence.
When is notice “not required”?
Rule 10-8 does not create a blanket right to avoid notifying the other side. The underlying law or Rules must permit the application to proceed without notice. Urgency may instead engage Rule 10-9, and some statutory applications—such as Family Law Act protection orders—have their own without-notice authority.
Why the distinction matters
A person affected by an order made without notice may have rights to ask that it be changed or set aside. Courts also expect full and fair disclosure on without-notice applications because the affected person is not there to provide the other side of the facts.
Form F34 is the order, not the evidence
F34 is the draft/order form. The factual basis normally comes from affidavit or other allowed evidence. Treating the order form as a substitute for evidence is a procedural mistake.
Relationship to a JCC
An application without notice is one of the categories exempted from the usual Rule 7-1 restriction on serving an application before a judicial case conference. That does not remove any other substantive or evidentiary requirement.
Cost planning
Because the consequences of a defective without-notice application can include delay, a return hearing, adverse cost consequences or the order being changed/set aside, this is an area where focused legal review can be disproportionately valuable.