What is required in an affidavit supporting an urgent, without-notice motion?
An affidavit supporting an urgent, without-notice motion needs to do more than simply assert that the situation is urgent — it must set out the specific facts showing why the relief is genuinely needed immediately, why proceeding without giving the other party notice is necessary in this particular situation, and full, honest disclosure of the relevant background, including facts that might not favour the person bringing the motion. Because the court is being asked to act based on one side's account alone, this level of candour is expected and taken seriously.
The affidavit should be based on the affiant's own knowledge wherever possible, clearly organized around the specific relief being requested, and avoid vague or conclusory statements about urgency without concrete facts to back them up — a court reviewing this kind of request is looking for a genuine, well-documented emergency, not simply strong language. Because an order obtained without full and fair disclosure can later be challenged and set aside once the other party responds, working closely with a lawyer to prepare this kind of affidavit carefully is important even when time feels short.
Key takeaways
- The affidavit must show specific facts establishing urgency, not general assertions.
- Full, honest disclosure is required, including facts that don't favour the moving party.
- Vague or conclusory claims of urgency without concrete facts are unlikely to succeed.
- An order can later be set aside if it was obtained without full and fair disclosure.