Form N244 Application Notice: Complete walkthrough

Form N244 is the document you use to ask the court for something during a case. It might be permission to delay filing something, an order to strike out your opponent's claim, or a decision on summary judgment. This guide explains what N244 is, how to complete it, and what happens next.

The short version

Form N244 is a one-page application form used in civil proceedings to ask for an interim order or direction from the court. You file it with supporting evidence (usually a witness statement), pay a court fee, and the court either decides it on paper or holds a hearing. Most applications succeed if your evidence is clear and your request falls within the court's powers under the Civil Procedure Rules (CPR).

At a glance

What form N244 is

Form N244 is the official application form in the English and Welsh civil courts for making any interim application under CPR Part 23. "Interim" means it is not the final judgment on the claims in your case; it is a step along the way.

You use N244 to ask the court for orders or directions that affect how the case proceeds. The form is straightforward: it sets out what you are asking for, why you are asking for it, and which rule(s) of the CPR or contract term give the court power to grant it.

The court's power to make interim orders is broad. It can make any order it thinks just to manage the case, protect the parties, and ensure fair trial. This includes freezing assets, ordering disclosure early, or setting aside a default judgment.

Common uses

Set aside a default judgment

If you miss a deadline and the other party gets judgment against you without a trial, you can apply to set it aside. This is probably the most common N244 application in practice. You must have a reasonable prospect of success on the merits and a good explanation for the delay.

Extend time for doing something

You might ask for an extension to file your defence, serve evidence, or comply with a court order. These applications are routine if the other party agrees (they can be decided on paper for a £59 fee).

Strike out a claim or defence

If your opponent's case is so weak it cannot possibly succeed, or if they have broken procedural rules, you can ask the court to strike out their case. This is a more serious application and usually requires a hearing.

Summary judgment

You can ask the court to decide part or all of your case without a full trial if you believe you have such a strong case that the other party has no real chance of winning. This requires detailed supporting evidence and is almost always heard (fee £275).

Vary or discharge an order

You can ask the court to change an existing order if circumstances have changed or the original decision was wrong.

Security for costs

If the other party is a company, has a history of not paying costs orders, or will be unable to pay your costs if you win, you can ask them to pay money into court as security.

Court fee

The fee depends on whether a hearing is needed:

• £275 if the application is to be heard by the judge (the default for most applications).
• £119 if you are asking the court to decide on the papers without a hearing (only possible in certain cases, such as routine extension requests).
• £59 if both parties consent to the order (the other side agrees and signs a consent order instead).

The fee must be paid when you file the form. If you cannot afford it, you can ask for a fee remission or exemption. This is a separate form (Form EX160).

Filling out the form section by section

Heading and case details

Fill in the court name, case number, and the names of all parties. Make sure the case number matches your claim form exactly.

The applicant and respondent

The applicant is the party making the application (the one who wants the order). The respondent is the other party. If there are multiple parties, list them all.

The application

In the box labelled "The applicant applies to the court for", state clearly what order you want. For example:

• "An order to set aside the judgment entered on 15 March 2026 for failure to file a Defence"
• "An order extending the time for service of the Claimant's witness statement to 30 June 2026"
• "An order striking out the Defendant's counterclaim"

Be specific. Do not say "the relief sought in the attached draft order" if you have not attached a draft order.

The grounds

Under "On the grounds that", give the legal basis and factual basis for your application. For example:

• If you are asking to set aside a default judgment: "The Defendant has a reasonable prospect of success on the merits and there is a good explanation for the delay, namely [explanation]."
• If you are asking for an extension: "Circumstances have changed since the original order and the extension is proportionate and just."
• If you are seeking summary judgment: "The Respondent has no real prospect of succeeding on the claim/defence, and there is no other compelling reason why it should be tried."

When can the court not order it?

Leave this blank unless there is a specific reason the court cannot make the order (for example, if your contract says disputes must go to arbitration). Usually, courts have the power to make interim orders, so this section remains empty.

Evidence and documents

State which witness statement(s) you are relying on and which exhibits you are attaching. For example:

"The evidence of the Applicant's witness statement dated [date], with Exhibits A1 to A5 (copy correspondence), and the Respondent's letter dated [date]."

The hearing

Indicate whether you are asking for a hearing or asking the court to decide on the papers. If you want a hearing, say whether you expect it to last 30 minutes, 1 hour, or longer. If the other party agrees, the court may decide on the papers and save the fee.

Applicant's solicitor or counsel

If you are represented, your solicitor or counsel signs and dates the form. If you are acting in person, you sign.

Supporting evidence

You almost always need evidence to support your application. This is usually a witness statement signed by you or another person with knowledge of the facts.

A witness statement must include:

• Your name, address, and occupation.
• A statement that you understand you are giving evidence and that you may be prosecuted if you lie.
• Numbered paragraphs setting out the facts you are relying on.
• A statement of truth (signed and dated) saying the contents are true to the best of your knowledge and belief.

The statement should be concise. Do not include argument (the judge will decide the law). Instead, focus on:

• What happened and when?
• Why are you asking for this order now?
• What is the legal test and how does your evidence meet it?

Attach documents as exhibits (copy letters, emails, photographs, invoices, etc.). Label them clearly (A1, A2, B1, etc. depending on how many witnesses you have).

Draft order

You must attach a draft order. This is the order you want the court to make, written in formal language and ready for the judge to sign.

A simple draft order might look like this:

IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION

BETWEEN

                              CLAIMANT

-and-

                              DEFENDANT

_____________________________________

                      ORDER

Upon the application of the Claimant

AND UPON READING the Claimant's witness statement dated [date]

AND UPON HEARING [counsel/solicitors for the parties/the Claimant/the Defendant]

IT IS ORDERED that:

1. The time for service of the Claimant's witness statement be extended to 30 June 2026.

2. The Defendant do pay the Claimant's costs of this application on a standard basis to be assessed if not agreed.

3. Further directions hearing on [date].

The draft order should include a provision on costs (who pays whose legal costs) and any further directions (next steps).

With notice vs without notice applications

With notice

Most applications are made "with notice", which means the other party is told in advance and has a chance to respond. You must serve the application notice, witness statement, and draft order on the other party at least 3 days before the hearing (or as directed by the court).

Without notice

In emergencies (for example, to stop someone removing assets), you can apply without notice. The other party is not told in advance. However, you must explain in your evidence why notice was not given and why the order is urgent. The court will usually order a return date, at which the other party can attend and respond.

Service requirements

You must serve the application on the other party (or their solicitor if they are represented) at least 3 days before the hearing date. Service can be by email, first-class post, or in person, depending on what the other party has agreed and what the court has directed.

Keep proof of service (email receipt, postal certificate, etc.) and file it with the court before the hearing.

If the other party agrees to the order, they can send you a consent order, which you can then file without a hearing. This saves time and the hearing fee.

The hearing

If your application is listed for a hearing, here is what to expect:

Before the hearing

Check the court date and time. Arrive early. Bring all your documents, including the application, your witness statement, and the other party's response (if any).

During the hearing

The judge will read your application and evidence. If you are in person, you may give a brief summary (5-10 minutes) explaining why you are asking for the order. If you have a lawyer, they will present your case. The other party (or their lawyer) will then explain why they oppose it (or agree with it).

The judge may ask you or the other party questions. Answer clearly and honestly. Do not interrupt.

After the hearing

The judge will either:

• Grant the order and explain why (the judgment).
• Refuse the order and explain why.
• Ask for further evidence or directions before deciding.

The judge will usually deal with costs at the hearing and say who must pay whose legal costs.

How long does it take?

Depending on the court and the urgency, a hearing can take from 15 minutes to over an hour. Some judges read papers in advance; others read them on the day, which can delay the start.

Costs of the application

If you win your application, the judge will usually order the other party to pay your costs. However, if the application was unreasonable or if you behaved unfairly, the judge might order you to pay their costs instead, or to split them.

Costs can include:

• Court fees (£275 or £119).
• Your solicitor's or counsel's fees (if you are represented).
• The cost of obtaining evidence (expert reports, searches, etc.).

The other party can ask the court to assess (calculate) your costs if you cannot agree on a figure. This is a separate process and can take months.

Day to day

Here is a typical timeline for an N244 application:

Urgent applications can be expedited. If you need a hearing within days, you can ask the court to shorten the time for service and listing. This requires evidence explaining why the urgency is genuine.

Common misconceptions

"I don't need to serve the other party if I file at court."

False. You must serve them at least 3 days before the hearing (or earlier, depending on the court's directions). Failing to serve may result in your application being struck out.

"My witness statement can be as long as I want."

Courts prefer witness statements to be concise and focused on the key facts. Rambling statements are less persuasive and can incur criticism on costs.

"If the court grants my application, I don't need to pay for anything else."

The court fee is separate from your legal costs. If you won, the judge will usually order the other party to pay your costs, but you may have to pay your lawyer upfront and recover the amount later (or agree a sum with the other side).

"The judge will always give reasons for the decision."

The judge will usually give reasons, but in some cases (for example, a short interim order), the judgment might be brief. You can ask the judge for more detailed reasons if you intend to appeal.

"I can file an N244 on any issue in the case."

You cannot. N244 is for interim applications (orders that do not finally decide the claims). If you want to appeal a decision or challenge the entire case, you need a different process (permission to appeal, judicial review, etc.).

Related concepts

• Form N1: Claim Form: how to start a claim.
• Default Judgment: what happens if you do not respond to a claim.
• Disclosure: exchanging documents with the other party.
• Summary Judgment: a full application guide.
• Costs in civil cases: how costs are awarded and assessed.
• Part 23: General Rules About Applications: the CPR rules governing all applications.
• CPR Part 6: Service: how and when to serve documents.
• Witness statements: how to write evidence that the court will believe.
• Court fees: scale of fees for all court applications.
• Fee remission and exemption: how to ask for a fee reduction if you cannot afford it.

Sources

• UK Civil Procedure Rules Part 23 (General rules about applications): https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23
• HM Courts & Tribunals Service: Form N244 and guidance: https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service
• Citizens Advice Bureau: Taking someone to court: https://www.citizensadvice.org.uk/about-us/our-work/policy/policy-research-topics/legal-policy-research-and-consultation/legal-system/taking-someone-to-court/

Written by Peter Kolomiets, founder of CaseCalm. UK content reviewed 2026-05-28.