Civil application notice under CPR 23: order sought, evidence, service and hearing file

Write the proposed order before completing the form

Start by drafting the operative order in numbered paragraphs. Identify the precise procedural relief required: an extension, stay, permission, direction, amendment, disclosure order, set aside, variation or another defined order. Specify dates, parties and documents wherever possible. This forces the application to become concrete before the background narrative is written. CPR 23.6 requires the application notice to state what order the applicant seeks and briefly why, so an application that cannot be expressed as a workable order is not ready to file.

For each proposed paragraph, record the procedural basis and the fact that makes the order necessary. If relief is alternative, distinguish the primary and alternative orders. If only one deadline needs changing, do not ask for a general suspension of all case directions. If an existing order is being varied, quote the paragraph and date. This approach reduces inconsistency between the application notice and draft order and helps expose whether a separate application or different rule is actually required.

Confirm the correct court and claim before filing

Use the current claim number, parties and court shown on the latest sealed order or notice. CPR 23.2 contains rules about where applications are made, including applications after proceedings have started and particular situations before a claim or after enforcement. If the claim has been transferred or sent to another hearing centre, update the filing details. Do not rely on the issuing court shown on an old claim form when later court orders establish a different venue.

Specialist proceedings can have additional rules or practice directions. Check whether the claim is in a specialist list, the Business and Property Courts, a possession list, a tribunal-linked procedure or another route that affects filing. If an application is made in an existing case, use the existing case record rather than creating a new standalone claim. Preserve any transfer notice so that the chosen court can be explained if there is uncertainty about where the application should be processed.

Use the current application notice and current filing channel

CPR 23.3 generally requires an application notice unless a rule or practice direction permits otherwise or the court dispenses with it. N244 is commonly used for civil applications, but always check the current official HMCTS form and any digital filing route. A form saved months earlier may no longer reflect the current process. Complete the case details exactly and make the requested order consistent with the attached draft.

Where the form asks how the application should be dealt with, choose the requested mode based on the actual issue rather than convenience. Give a realistic time estimate. Identify the evidence relied on and the level of judge only where appropriate. If evidence is contained in a witness statement, name and date it. If evidence is set out on the form, ensure any required statement of truth is properly completed. Inconsistencies between the form and supporting documents create avoidable case-management work.

Create an evidence map for every requested paragraph

Before writing a witness statement, make a table with four columns: requested order, fact required, source document and paragraph of evidence. This keeps the statement focused. For an extension, the court may need the existing deadline, reason more time is required, steps already taken, proposed new date and impact on the timetable. For a stay, the evidence should identify the event to be stayed and the prejudice. For disclosure or compliance relief, identify the earlier request, obligation, non-compliance and practical consequence.

Evidence should establish facts rather than repeat the requested order in longer language. Attach the existing order, relevant correspondence and material proving the chronology. Where an explanation depends on a person’s knowledge, identify the source. If a fact is disputed, say so and provide the material supporting the applicant’s position. If information is unavailable, explain attempts to obtain it. A transparent gap is preferable to an unsupported assertion that later has to be corrected at the hearing.

Draft the witness statement chronologically

Open with the witness’s identity, role in the case and basis of knowledge. State the current procedural position, then the events that created the need for the application. Use dates. Refer to exhibits at the point where they matter. End with the practical consequence if the order is made or refused and any relevant steps taken to reduce prejudice. Avoid reproducing entire email chains in the body; exhibit them and summarise the relevant point accurately.

Keep legal argument proportionate. The evidence can identify the rule or order relied on, but a long legal essay may obscure the factual basis. Where the application engages a discretionary test, address facts relevant to that test. If the applicant caused the procedural problem, explain it candidly rather than omitting it. Courts routinely compare the statement with the case record, so omissions about previous orders or extensions can damage clarity more than a concise explanation of what went wrong.

Use the draft order as a quality-control device

A draft order reveals whether relief is precise enough to implement. Name the party who must act, describe the required document, and state whether time runs to a fixed date or from service of the order. If a hearing is to be relisted, identify what happens to existing dates. If a stay is temporary, define its endpoint. If costs are sought, use wording that reflects the actual request rather than stating that costs follow automatically.

Compare the draft order line by line against the application notice and witness statement. Every substantive paragraph should have a stated basis and evidence. Remove extra directions copied from another case. If the draft assumes the court has already made a finding that remains disputed, rewrite it. Where the parties have agreed certain paragraphs, mark that position accurately. The court may amend the draft, but a disciplined draft gives the judge a workable starting point.

Calculate the filing deadline from the applicable source

An application deadline may come from the CPR, a practice direction, statute or a previous order. Put the operative source in the deadline sheet and calculate the date before drafting. CPR 23.5 addresses when an application is regarded as made for a specified time limit. Preserve the electronic filing receipt, court-stamped copy or other evidence showing when the court received the application. The date typed on the form is not a substitute for proof of receipt.

If the deadline has already expired, identify whether the application also requires an extension or relief from sanctions and address the relevant test. Do not quietly change the chronology to suggest the application was timely. State the original deadline, reason for missing it, date the problem was identified and steps taken thereafter. Where a deadline depends on service of an earlier order, preserve the order and service evidence because the starting point itself may be disputed.

Serve the application and evidence as a complete pack

CPR 23.4 and 23.7 govern the general service framework for applications, subject to different rules or directions. Prepare one service pack containing the application notice, supporting evidence, exhibits and draft order where required. Record the address, method, date and time of service. If the court is expected to serve the application, check the filing requirements and keep the court’s notice. Do not assume that because the application form reached the respondent, every attachment did too.

Where a hearing is listed, check the minimum notice period and any directions for responsive evidence or bundles. If the application is served electronically, preserve the complete transmission, attachment list and delivery evidence. If postal service is used, keep the dispatch record. If service occurs late, do not conceal it; consider whether an order or hearing direction is needed. A clean service record prevents the merits of the application from being overshadowed by a second procedural dispute.

Treat without-notice applications as a separate procedural question

An application without prior service requires a proper procedural basis. Identify the rule, practice direction or circumstance said to justify proceeding without notice and explain why ordinary notice would undermine the relief or be impracticable. Urgency does not always mean no notice can be given. If limited notice is possible, record what was communicated. The evidence should be particularly careful because the respondent is not present to correct or supplement the factual account.

If an order is made without notice, read CPR 23.9 and 23.10 and the sealed order immediately. There may be obligations to serve the order, application notice and evidence, and the respondent may have a route to apply to set aside or vary. Preserve service proof and diarise any period stated in the rule or order. Do not treat a without-notice order as final resolution of the underlying dispute unless the order expressly produces that result.

Prepare for determination without a hearing

CPR 23.8 allows applications to be dealt with without a hearing in specified circumstances. Draft the documents so that a judge can understand the issue on paper. A short chronology, clear draft order and well-structured evidence reduce dependence on oral explanation. If the parties agree the terms of an order, follow the correct consent route and notify the court rather than simply assuming a hearing will be removed from the list.

If the applicant believes a hearing is necessary, explain why the issue cannot fairly or efficiently be determined on paper. A genuine factual dispute, need for oral clarification or complex interaction with another order may support a hearing. Do not request a hearing merely because a template contains that option. Conversely, do not agree to paper determination where an unresolved evidential point genuinely requires attention without recording why.

Build a proportionate application bundle

Put the application notice, draft order, witness statement, exhibits and the operative earlier order at the front. Add the relevant pleading or correspondence only if it is needed to determine the application. Use a contents page and stable pagination. If authorities are required, include only those that address the procedural issue actually before the court. A judge deciding an extension or disclosure application should not have to search through the entire trial file to find the relevant deadline or request.

Prepare a one-page application note listing the orders sought, current position of each party, key dates and any agreed matters. If the respondent files evidence, identify points that are genuinely contested and decide whether a short reply is necessary. Avoid serial statements repeating the same history. If late evidence is essential, explain why it arose late and seek any permission needed rather than quietly adding documents to the bundle.

Record costs without making assumptions

Applications may have costs consequences depending on the case, track, conduct and outcome. Retain the application fee, any required costs schedule and correspondence showing attempts to resolve the procedural problem. If the application was caused by another party’s non-compliance, the evidence should show the obligation and reasonable opportunity to comply. If the applicant’s own default created the need for relief, be realistic about that history.

Where the substantive order is agreed but costs are not, distinguish those issues. A draft order can state that costs are reserved or are to be determined where appropriate. Do not state that success automatically entitles the applicant to every expense claimed. If the court makes a specific costs order, record the amount, assessment basis or payment deadline exactly and implement it with the same care as any other paragraph of the sealed order.

Implement the sealed order and close the application loop

After the court determines the application, obtain the sealed order and replace the draft in the active case file. Record each deadline and condition created by the order. If a pleading must be filed, if disclosure must occur, or if a hearing date changes, update the case calendar immediately. Preserve proof of compliance. Do not continue to rely on oral recollection of what the judge said where the sealed order has now been issued.

If the order contains an apparent clerical mistake, distinguish a correction request from an attempt to alter the substance of the decision. If a party considers an appeal or variation, work from the actual order and reasons. A procedural application is only complete when the resulting directions have been carried out and the main proceedings have a clear next step.

Official sources checked

• Civil Procedure Rules — Part 23 — Current general rules for civil applications, notice, service and paper determination.
• HMCTS — Form N244 — Official current application notice source.

Rules, forms and court directions can change. Check the current official text and any order made in the individual case before filing.

Final preparation check

Before filing, align the application notice, witness statement, draft order, deadline calculation and service plan. After determination, work from the sealed order and implement every consequential direction.