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Encyclopedia Britannica



MOTION (Lat. motio, from movere, to move)

This article appears in Volume V18, Page 906 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: MOS-NAN
MOTION (Lat. motio, from movere, to move) , in
English
  law, an application made to a
court
  during the progress of an action, and either before or after judgment has been pronounced. The
object
  of a motion is to invoke the assistance of the
court
  in matters that are of a pressing
character
 , and require to be speedily dealt with. A motion differs from a
petition
  in that it is made viva voce in open court and is founded on a written statement. Motions are either motions of course or
special
  motions. A motion of course is made ex parte without notice, and is not mentioned in court, the party being entitled as of right. Motions of course are confined to the chancery division of the High Court. A
special
  motion is made in open court, and must be supported by proper evidence. Special motions are made either ex parte or on notice. On all ex parte applications the utmost good faith must be observed. Ex parte motions, in the
king
 's bench division, are usually made to a divisional court. A motion for judgment is a proceeding whereby a party to an action moves for judgment of the court in his favour. See Rules of the Supreme Court, Ors. xl., lii.


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