Summary judgement excluded in probate, matrimonial, maritime actions but will be given in defamation, seduction, breach of promise to marry, etc.
O 14 P upon proof of service of writ & SOC by affidavit and D has entered appearance obtain judgement without trial upon proof of claim by affidavit deposing to the fact that in Ps belief D has no defence to the motion except amount of damages if any. By motion and affidavit in support served on D not less 4 days before day named in motion for hearing.
D required to show cause why judgement shouldn’t be given against him and that he has good defence to the action on its merits, court may give P whole or partial judgement, or grant D leave to defend action, or dismiss application with cost against P. O 14r5 court may stay execution of judgement against D until after trial of any counterclaim, if P has no defence to it D may apply for summary judgement O 14r10.
Setting aside summary judgement: only where D fails to appear at hearing of judgement, application be made within 14 days on receipt of notice of judgement, court may set aside or vary its terms, where judgement is in respect of a part of a claim trial proceeds in respect of other claims, D who was present at hearing of summary judgement or was served with application and fails to file any process can’t set judgement given aside but may only appeal.
O 14 procedure different from judgement on admission, P only applies for judgement where no defence has been filed.