Form N244 is a civil court form used to make applications to a court. It can be used in the County Court and High Court.
It can be used to
- To suspend an eviction notice
- To assess cases by a judge
- To keep your home
- To set aside a CCJ
- To ask a court to set aside or vary a judgment
- To suspend an enforcement process
- To request an Emergency Court Hearing
The form has requires you to complete 12 sections number 1 – 11, and a Statement of Truth
Section1 Insert your name
Section 2 Tick the appropriate box to state whether you are the person making the claim ‘the Claimant’ or the person defending the claim ‘the Defendant’
Section 3 Set out what order you are applying for and why; e.g. to adjourn the hearing because…, to set aside a judgment against me because… etc.
Section 4 Lay out the details of the order you are asking the court to make, for instance, to set aside a county court judgement, and your reasons for making this request. You do not need to attach a draft order but it may help the court to understand the outcome you would like.
Section 5 Most applications will require a hearing and you will be expected to attend. The court will allocate a hearing date and time for the application. Please indicate in a covering letter any dates that you are unavailable within the next six weeks.
The court will only deal with the application ‘without a hearing’ in the following circumstances.
• Where all the parties agree to the terms of the order being asked for;
• Where all the parties agree that the court should deal with the application without a hearing, or
• Where the court does not consider that a hearing would be appropriate.
Remote hearings are only available in applications where at least one of the parties involved in the case is legally represented. Not all applications will be suitable for a telephone hearing and the court may refuse your request.
Section 6 If you do not know how long the hearing will take do not guess but leave these boxes blank.
Section 7 If your case has already been allocated a hearing date or trial period please insert details of those dates in the box.
Section 8 If your case is being heard in the High Court or a District Registry please indicate whether it is to be dealt with by a Master, District Judge or Judge. Normally a District Judge in the County Court.
Section 9 Please indicate in the box provided who you want the court to send a copy of the application to, and their address for service.
Section
• a witness statement, tick the first box and attach the statement to the application notice.
• a statement of case, tick the second box if you intend to rely on your particulars of claim or defence in support of your application.
• written evidence on this form, tick the third box and enter details in the space provided.
You must also complete the statement of truth. Proceedings for contempt of court may be brought against a person who signs a statement of truth without an honest belief in its truth.
Section 11 You must tell the court if you believe that you, or a witness who will give evidence on your behalf, are vulnerable in any way which the court needs to consider. You will need to explain in what way you or the witness are vulnerable and what steps, support or adjustments you wish the court and the judge to consider.
Statement of Truth The application must be signed and include your current address and contact details. If you agree that the court and the other parties may communicate with you by Document Exchange, telephone, facsimile or email, complete the details
Before returning your form to the court Have you:
• signed the form on page 2,
• enclosed the correct fee or an application for fee remission,
• made sufficient copies of your application and supporting documentation. You will need to submit one copy for each party to be served and one copy for the court.
If I cannot afford the fee you may be eligible for a fee remission. For further information, or to apply for a fee remission, ask court staff for a copy of the combined booklet and form EX160A – Court and Tribunal fees – Do I have to pay them?
This is also available from any county court office, or a copy of the leaflet can be downloaded from the justice website http://hmctsformfinder.justice.gov.uk